These User Terms of Service (the \u201cUser Terms\u201d) govern your use of the Fiskl Platforms as an Authorized User of a Fiskl Customer\u2019s Account. They form a binding agreement between you and the relevant member of the Fiskl Group (\u201cFiskl\u201d). By accessing or using the Fiskl Platforms through a Customer\u2019s invitation, you accept these User Terms.<\/p>\n
If you are also a Customer in your own right (for example, you hold your own Fiskl Account), the Customer Terms of Service apply to you separately as the Customer of that Account, and these User Terms apply to your use of any other Account to which you are invited as an Authorized User.<\/p>\n
These User Terms are part of the Fiskl legal stack and incorporate the Acceptable Use Policy and the Privacy Policy by reference. Defined terms in the Customer Terms of Service apply here unless otherwise stated.<\/p>\n
You are an \u201cAuthorized User<\/strong>\u201d if a Fiskl Customer has invited you to access their Account. Authorized Users include:<\/p>\n The \u201cCustomer<\/strong>\u201d is the organisation, business, or individual whose Account you are accessing. If you do not know who the Customer is, ask the person who invited you.<\/p>\n The Customer (not you) is Fiskl\u2019s contracting party for the Account. The Customer:<\/p>\n Customer Data submitted to or generated within the Account belongs to the Customer. You may have access to Customer Data only in the role granted to you by the Customer.<\/p>\n Fiskl provides the Fiskl Platforms to the Customer and follows the Customer\u2019s instructions in respect of the Account. Practical consequences:<\/p>\n Fiskl is not responsible for the Customer\u2019s policies, the Customer\u2019s instructions to its Authorized Users, or the Customer\u2019s relationship with you.<\/p>\n If you are an Atlas Firm User accessing a client\u2019s Account on behalf of the Atlas Firm, your access is also governed by the Atlas Terms Supplement. The Atlas Firm \u2014 not the underlying client \u2014 directs your access in that case.<\/p>\n You must be at least 16 years old. The Fiskl Platforms are intended for use in connection with a business, freelance practice, or professional engagement, not for personal consumer purposes (unless you are a sole trader using the Fiskl Platforms for your own business).<\/p>\n You must:<\/p>\n You must comply with the Acceptable Use Policy. The AUP includes prohibitions on fraudulent use, financial misrepresentation, money laundering and sanctions evasion, abuse of Fi (Fiskl\u2019s conversational AI and orchestration system), abuse of the Fiskl Platforms\u2019s security and integrity, and misuse of the Customer\u2019s Account. Breaches by you may be attributed to the Customer who invited you (see the AUP and the Customer Terms of Service).<\/p>\n The Customer may have its own policies that apply to your use of the Fiskl Platforms (acceptable use, data classification, retention, IT security, professional conduct). You are responsible for following those policies; Fiskl does not enforce them on the Customer\u2019s behalf.<\/p>\n The Privacy Policy describes how Fiskl collects and uses information about Authorized Users (including your account information, usage data, and Fi conversation data). Read it at https:\/\/fiskl.com\/legal\/privacy-policy\/.<\/p>\n Customer Data within the Account is the Customer\u2019s data, not yours. The Customer is the Controller of that Customer Data; Fiskl is the Processor. The Customer Terms of Service and the Data Processing Addendum (DPA) govern that processing.<\/p>\n Fi accesses Customer Data within the Account to answer questions, run reports, and (where you instruct) perform actions. Fi does not expose your Account\u2019s Customer Data to Authorized Users of other Customers\u2019 Accounts.<\/p>\n The Customer\u2019s instructions, the Customer\u2019s opt-out choices, and the Customer Terms of Service govern whether Customer Data within the Account is used for AI training and Data Products. As an Authorized User, you do not control these settings; raise the question with the Customer if it matters to you.<\/p>\n Fi outputs may contain errors. You must verify Fi outputs before relying on them, especially for filings, payments, regulatory submissions, and material business decisions. Do not treat Fi outputs as legal, tax, audit, or professional accounting advice.<\/p>\n You have no authority to bind Fiskl, to vary the Customer Terms of Service, to vary the Atlas Terms Supplement, or to make commitments on Fiskl\u2019s behalf.<\/p>\n Within the role and permissions the Customer has granted you, your actions in the Account are deemed to be the Customer\u2019s actions for the purposes of the Contract between Fiskl and the Customer. The Customer is responsible for your activity to the same extent as if the Customer had performed it directly.<\/p>\n Other than for breaches of the AUP or for unlawful conduct, you have no financial liability to Fiskl under these User Terms. The Customer is the contracting party for fees and other commercial obligations.<\/p>\n Subject to section 6.4, Fiskl\u2019s aggregate liability to you under these User Terms in any 12-month period is capped at GBP 100. This is the same cap that applied under the prior User Terms; it reflects the indirect commercial relationship between you and Fiskl through the Customer.<\/p>\n Fiskl is not liable to you for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or savings, regardless of the legal theory.<\/p>\n Nothing in this section limits Fiskl\u2019s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be limited or excluded by law.<\/p>\n Where you are a consumer under applicable law in your jurisdiction (for example, sole traders in the UK under the Consumer Rights Act 2015), nothing in this section affects rights that cannot be excluded or limited by contract.<\/p>\n The Customer may revoke your access at any time, for any reason, without notice to Fiskl.<\/p>\n Fiskl may suspend or terminate your access immediately if:<\/p>\n Where practicable, Fiskl will give notice; in cases involving suspected fraud, security, or unlawful activity, Fiskl may act without prior notice.<\/p>\n You may stop using the Fiskl Platforms at any time. Contact the Customer to revoke your invitation and access. Fiskl deletes Authorized User-level data within a reasonable period after access ends, subject to retention required by law and the Customer\u2019s account-level retention.<\/p>\n Sections that by their nature should survive (including limits on authority, liability provisions, the AUP obligations relating to past conduct, and confidentiality) survive termination of your access.<\/p>\n Fiskl may update these User Terms from time to time on the basis set out in section 11 of the Customer Terms of Service. Material changes are effective 30 days after notice (by email to your account email address or in-Service message). Continued use after the effective date constitutes acceptance.<\/p>\n These User Terms are governed by the laws of England and Wales, with the courts of England and Wales having exclusive jurisdiction, except that: – where you are a consumer in a jurisdiction whose mandatory law preserves your right to bring proceedings in your local courts, that right is preserved; – where the Customer Terms of Service have been varied by an Order Form between Fiskl and the Customer to provide a different governing law for the Account, that Order Form governs the relationship between you and the Customer (not your relationship with Fiskl, which remains under English law).<\/p>\n These User Terms, the AUP, and the Privacy Policy (together with the Customer Terms of Service and other documents in the Fiskl legal stack to the extent applicable to you) constitute the entire agreement between you and Fiskl in respect of your use of the Fiskl Platforms as an Authorized User. In the event of conflict between these User Terms and the Customer Terms of Service, the Customer Terms of Service prevail. In the event of conflict in respect of personal data processing, the DPA prevails.<\/p>\n Except where expressly provided, no third party (including the Customer that invited you) may enforce these User Terms against you or against Fiskl.<\/p>\n Failure to enforce a right is not a waiver. If any provision is held unenforceable, it is modified to the minimum extent necessary, and the remaining provisions continue in effect.<\/p>\n For account-specific issues (your role, your access, your activity in the Account), contact the Customer that invited you. Fiskl can only act on instructions from the Customer in respect of the Account.<\/p>\n Fiskl Limited (and the wider Fiskl Group) 6A Thirlmere Road London, N10 2DN United Kingdom Company number: 09330290\n
2. The Customer controls the Account<\/h2>\n
2.1 Customer ownership of the Account<\/h3>\n
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2.2 Customer Data is the Customer\u2019s<\/h3>\n
2.3 What this means for you<\/h3>\n
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2.4 Atlas-specific note<\/h3>\n
3. You must follow the rules<\/h2>\n
3.1 Eligibility<\/h3>\n
3.2 Account security<\/h3>\n
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3.3 Acceptable Use Policy<\/h3>\n
3.4 Customer policies<\/h3>\n
4. Your data and Fi<\/h2>\n
4.1 Personal data<\/h3>\n
4.2 Customer Data of the Customer<\/h3>\n
4.3 Fi reads Customer Data<\/h3>\n
4.4 AI training and Data Products<\/h3>\n
4.5 Use of Fi<\/h3>\n
5. Limits of authority<\/h2>\n
5.1 You don\u2019t bind Fiskl<\/h3>\n
5.2 You bind the Customer<\/h3>\n
6. Limitation of liability (between you and Fiskl)<\/h2>\n
6.1 No financial liability of you to Fiskl<\/h3>\n
6.2 Fiskl liability cap to you<\/h3>\n
6.3 Excluded losses<\/h3>\n
6.4 Exclusions from cap<\/h3>\n
6.5 Consumer rights preserved<\/h3>\n
7. Termination of your access<\/h2>\n
7.1 By the Customer<\/h3>\n
7.2 By Fiskl<\/h3>\n
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7.3 By you<\/h3>\n
7.4 What survives<\/h3>\n
8. General<\/h2>\n
8.1 Changes to these User Terms<\/h3>\n
8.2 Governing law and jurisdiction<\/h3>\n
8.3 Notices<\/h3>\n
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8.4 Entire agreement and conflict<\/h3>\n
8.5 No third-party beneficiaries<\/h3>\n
8.6 Severability and waiver<\/h3>\n
9. Contact<\/h2>\n
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\n Topic<\/td>\n Email<\/td>\n<\/tr>\n \n Questions about these User Terms<\/td>\n legal@fiskl.com<\/td>\n<\/tr>\n \n Privacy and data protection<\/td>\n dpo@fiskl.com or privacy@fiskl.com<\/td>\n<\/tr>\n \n Suspected security vulnerability<\/td>\n security@fiskl.com<\/td>\n<\/tr>\n \n Customer support<\/td>\n support@fiskl.com<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
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