Terms of Service

1. About these Terms

These Terms govern your access to and use of the FirmPulse platform, website and associated services (the "Service").

By creating an account or using the Service, you agree to be bound by these Terms.

FirmPulse Ltd is a company registered in England and Wales (Company No. 17206272) with its registered office at:

C/O 3DOM.UK Accountants Ltd
Second Floor
61 Hamilton Square
Birkenhead
Merseyside
CH41 5AT

These Terms apply whether the Service is generally available or offered as part of a beta or early access programme.

2. The Service

FirmPulse is cloud-based practice management software designed for UK accountancy firms.

The Service may include modules such as Verify for Companies House identity verification, practice management tools and integrations with third-party providers.

We may add, modify, improve, suspend or discontinue features from time to time as we continue to develop the Service.

Some functionality depends on third-party providers including Stripe, Google, identity verification providers and other service providers. Changes to those services may affect the functionality available within FirmPulse.

3. Accounts

You agree to:

• provide accurate and complete account information;
• keep your login credentials secure;
• ensure your authorised users comply with these Terms; and
• notify us promptly if you become aware of any unauthorised access to your account.

You are responsible for all activity carried out under your account.

The Service is intended solely for UK accountancy firms and their authorised personnel.

4. Verify and regulatory responsibilities

Where you use the Verify module to complete Companies House identity verification, you act as the Authorised Corporate Service Provider (ACSP) and remain responsible for complying with all applicable legal and regulatory requirements.

FirmPulse provides software to facilitate identity verification and related workflows. We do not provide legal, regulatory or compliance advice and we do not determine whether an identity verification should be accepted or rejected.

You remain responsible for:

• your ACSP registration and status;
• compliance with the Economic Crime and Corporate Transparency Act;
• compliance with anti-money laundering legislation;
• compliance with your professional body's requirements; and
• all decisions relating to identity verification.

5. Payments

Where the Firm accepts payments from its own clients, those payments are processed through the Firm's own Stripe account.

The Firm is responsible for:

• setting its own pricing;
• customer billing;
• refunds;
• VAT and other taxes;
• chargebacks; and
• compliance with Stripe's terms.

Any subscription or usage fees payable to FirmPulse will be those agreed during sign-up or otherwise notified to you.

We may change our pricing by giving reasonable notice.

6. Google Ads integration

If you connect a Google Ads account, you authorise FirmPulse to:

• upload offline conversions into your Google Ads account using the Google Ads API; and
• where enabled by you, access campaign performance information to calculate metrics such as cost per acquisition and return on ad spend.

FirmPulse does not manage advertising campaigns, determine advertising strategy, control advertising budgets or guarantee advertising performance.

You remain responsible for your Google Ads account and compliance with Google's terms and policies.

7. Acceptable use

You must not:

• use the Service unlawfully or fraudulently;
• upload unlawful, infringing or malicious material;
• interfere with the security or operation of the Service;
• attempt to reverse engineer or copy the Service except where permitted by law;
• use the Service to send unlawful or unsolicited communications; or
• misuse any third-party integrations.

We may suspend or restrict access where reasonably necessary to protect the Service, our users or to comply with legal obligations.

8. Data protection

Both parties will comply with UK GDPR and the Data Protection Act 2018.

Where the Firm processes personal data relating to its own clients through the Service, the Firm acts as the data controller and FirmPulse acts as the data processor.

Our processing of personal data is described in our Privacy Policy and any applicable data processing terms agreed between the parties.

The Firm is responsible for ensuring it has an appropriate lawful basis for processing personal data and for providing any required privacy information to its clients.

9. Intellectual property

All intellectual property rights in the Service, including the software, branding, design and documentation, remain the property of FirmPulse Ltd or its licensors.

We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Service during your subscription.

You retain ownership of your own data. You grant FirmPulse the rights necessary to host, process and transmit that data solely for the purpose of providing the Service.

10. Third-party services

The Service integrates with third-party providers including Stripe, Google, Microsoft and identity verification providers.

Your use of those services is governed by their own terms and conditions.

FirmPulse is not responsible for the availability, performance or security of third-party services.

11. Beta features

From time to time we may make beta, preview or early access features available.

These features are provided for evaluation purposes and may be incomplete, modified or withdrawn without notice.

We welcome feedback but do not guarantee the continued availability or functionality of beta features.

12. Warranties and limitation of liability

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without any warranty that it will be uninterrupted, error-free or suitable for your particular requirements.

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the above:

• FirmPulse is not liable for any indirect or consequential loss, including loss of profits, revenue, business, goodwill or anticipated savings.
• FirmPulse is not liable for any loss arising from your regulatory decisions, your use of third-party services, advertising expenditure or inaccurate information supplied by you or your clients.

FirmPulse's total liability arising out of or in connection with the Service shall not exceed the greater of:

• the total fees paid by you to FirmPulse during the twelve months immediately preceding the event giving rise to the claim; or
• £500.

13. Suspension and termination

You may stop using the Service at any time.

We may suspend or terminate your access immediately where:

• you breach these Terms;
• we are required to do so by law;
• continued access presents a security or operational risk; or
• we decide to discontinue the Service or part of it.

Following termination, your right to use the Service ends immediately.

We will retain, return or delete your data in accordance with our Privacy Policy and any applicable legal obligations.

14. Force majeure

FirmPulse is not liable for any failure or delay in performing its obligations where caused by events beyond our reasonable control, including internet failures, cloud service outages, cyber attacks, industrial disputes, natural disasters, governmental action or failures of third-party providers.

15. Changes to these Terms

We may update these Terms from time to time.

Where changes are material, we will provide reasonable notice.

Your continued use of the Service after updated Terms take effect constitutes acceptance of those changes.

16. Governing law

These Terms are governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

17. Contact

FirmPulse Ltd

Email: hello@firmpulse.co.uk

Registered Office:

C/O 3DOM.UK Accountants Ltd
Second Floor
61 Hamilton Square
Birkenhead
Merseyside
CH41 5AT