Software Subscription Terms
Last updated: August 2026
These Software Subscription Terms govern access to and use of software-as-a-service platforms, hosted applications, APIs, online tools, and associated software services provided by Erryn.io Ltd (the Provider).
These terms apply to LucroForge and to any other software service provided by Erryn.io Ltd where the applicable Plan, checkout page, order form, proposal, or service description states that these terms apply.
These terms are intended for business subscribers only. By creating an account, starting a trial, accepting an order, or subscribing to a Service, the Subscriber confirms that it is acting in the course of its business, trade, or profession and not as a consumer.
Where the Subscriber also has a separate consultancy, development, implementation, or support engagement with Erryn.io Ltd, the erryn.io Terms of Business apply to that engagement and these Software Subscription Terms apply to use of the Service.
If an Order Form, Service Schedule, enterprise agreement, or other expressly agreed written document conflicts with these terms, the more specific document takes precedence to the extent of that conflict. The Data Processing Schedule in these terms takes precedence in relation to processing of personal data on behalf of the Subscriber unless a separate Data Processing Agreement has been entered into.
1. Definitions
In these terms:
- Authorised User means an individual permitted by the Subscriber to use the Service under its account.
- Billing Period means the monthly, annual, usage-based, or other billing period applicable to the Subscription.
- Beta Feature means functionality identified as beta, preview, experimental, early access, development, or similar.
- Order Form means any checkout page, online order, proposal, service order, subscription confirmation, or other written document identifying the Service and commercial terms selected by the Subscriber.
- Outputs means reports, recommendations, content, listings, analysis, rankings information, generated text, classifications, calculations, or other material produced by or through the Service for the Subscriber.
- Plan means the particular pricing tier, feature set, usage allowance, number of users, accounts, credits, integrations, or other entitlement purchased by the Subscriber.
- Provider means Erryn.io Ltd, a company registered in England and Wales under company number 17407419, with registered office at The Old Granary, Hampton-on-the-Hill, Warwick, United Kingdom, CV35 8HB.
- Service means LucroForge or any other hosted software platform, application, API, online service, or associated software product supplied by the Provider and identified in an applicable Plan or Order Form.
- Service Schedule means any product-specific description, documentation, Plan information, or additional terms expressly stated to apply to a particular Service.
- Subscriber means the business or organisation entering into the Subscription, including its Authorised Users where appropriate.
- Subscriber Data means data, content, files, records, credentials, account information, or other material submitted to, stored in, generated through, or connected to the Service by or on behalf of the Subscriber.
- Subscription means the Subscriber’s right to access and use a Service under an applicable Plan.
- Third-Party Service means any external website, platform, marketplace, advertising service, CRM, ecommerce platform, search engine, analytics platform, AI provider, payment service, API, software application, or other third-party system connected to or used by the Service.
- Trial Period means any period during which access to a Service is provided without the normal Subscription fee.
- Usage Limits means any limits applying to users, requests, API calls, products, websites, records, credits, storage, processing, data volume, integrations, or other use of a Service under a Plan.
2. The Service
2.1 Service description
The Provider will make the relevant Service available substantially in accordance with its then-current Plan description, Service Schedule, and documentation.
Features vary between Services and Plans. A feature available in one Service or Plan is not necessarily included in another unless expressly stated.
2.2 Ongoing development
The Services are actively developed. The Provider may modify interfaces, workflows, integrations, algorithms, infrastructure, underlying technology, and individual features where reasonably required for development, security, compatibility, performance, legal compliance, or commercial operation.
The Provider is not required to maintain every individual feature indefinitely.
Where reasonably practicable, the Provider will give advance notice of a change that materially and permanently removes core paid functionality actively used by the Subscriber.
If such a change materially reduces the principal functionality purchased by the Subscriber and the Provider does not provide substantially equivalent replacement functionality, the Subscriber may terminate the affected Subscription by notifying the Provider within 30 days after the change takes effect. Where the Subscriber has prepaid for a period extending beyond termination, the Provider will refund the unused proportion of those prepaid Subscription fees.
2.3 Service-specific terms
A Service may include additional technical, operational, usage, or commercial conditions in its Service Schedule or Order Form. Those conditions form part of the agreement for that Service.
3. Accounts and Authorised Users
3.1 Account responsibility
The Subscriber is responsible for its account and for use of the Service by its Authorised Users.
The Subscriber must ensure that account information is accurate and kept reasonably up to date.
3.2 Account security
The Subscriber and its Authorised Users must keep passwords, API keys, authentication tokens, and other access credentials secure and must not knowingly permit unauthorised access to the Service.
Where multi-factor authentication or other reasonable security controls are made available, the Subscriber is responsible for enabling and using them where appropriate to the sensitivity of its account and data.
The Subscriber must notify the Provider promptly if it becomes aware of suspected unauthorised access to its account.
3.3 Sharing and client accounts
Unless the applicable Plan expressly permits agency, reseller, multi-client, managed-service, or white-label use, access to the Service is for the Subscriber’s own internal business use and may not be shared with unrelated third parties.
Where a Plan expressly permits use on behalf of the Subscriber’s customers or clients, the Subscriber remains responsible for ensuring it has all permissions necessary to connect, process, access, or manage those customers’ systems and data.
4. Trial Periods
Where a Trial Period is offered, its duration and the functionality available during the trial will be stated at signup or in the applicable offer.
Unless otherwise stated, one Trial Period is available per Subscriber for the relevant Service. The Provider may refuse repeated or duplicate trial registrations.
Where the Trial Period automatically converts to a paid Subscription, that fact, the applicable Plan, and the price will be shown when the Subscriber starts the trial.
If automatic conversion applies and the Subscriber does not cancel before the Trial Period expires, the paid Subscription will begin and the payment method supplied by the Subscriber may be charged accordingly.
Data or functionality made available during a Trial Period may be limited and a trial does not guarantee continued availability of any Beta Feature or trial-only functionality.
5. Fees and billing
5.1 Subscription fees
The Subscriber will pay the fees shown for its selected Plan or stated in its Order Form.
Fees may be monthly, annual, per-user, per-account, usage-based, credit-based, volume-based, or calculated using another charging model stated for the applicable Service.
Fixed Subscription fees are charged in advance unless otherwise stated. Usage-based fees may be charged in arrears or as credits are purchased or consumed, as specified for the relevant Plan.
5.2 Automatic renewal
Unless an Order Form states otherwise, paid Subscriptions renew automatically at the end of each Billing Period until cancelled under clause 7.
The Subscriber authorises the Provider or its payment processor to charge the payment method on file for Subscription renewals and other charges properly due under the applicable Plan.
5.3 Usage Limits and additional usage
A Plan may include Usage Limits. The Provider may measure use of the Service to administer those limits.
Where a Plan permits additional paid usage, the Subscriber may be charged at the rate stated for that Service. Where additional usage is not included, the Provider may restrict further use until the next Billing Period or require an upgrade.
The Subscriber must not deliberately circumvent technical or contractual Usage Limits.
5.4 Price changes
The Provider may change Plan pricing from time to time. A price change will not affect a Billing Period already paid for.
The Provider will give at least 30 days’ notice before a price increase applies to an existing paid Subscription, and the new price will take effect from the next applicable renewal.
5.5 Taxes
Fees are exclusive of VAT and other applicable taxes unless expressly stated otherwise. Erryn.io Ltd is not currently VAT registered. VAT will be charged if and when legally applicable.
5.6 Failed or overdue payments
If a payment fails or an invoiced amount becomes overdue, the Provider may retry the payment method, request an alternative payment method, or give the Subscriber a reasonable opportunity to resolve the failure.
If an undisputed payment remains outstanding for more than 7 days after notice, the Provider may suspend access to the affected Service until payment has been received.
Suspension for non-payment does not cancel amounts already due.
6. Refunds
Except where these terms expressly provide otherwise, Subscription fees are non-refundable once the relevant Billing Period has begun.
This includes where the Subscriber cancels partway through a monthly or annual Billing Period, makes only partial use of the Service, or no longer requires the Service.
This clause does not prevent a refund or credit arising from:
- A duplicate or incorrect charge.
- A refund expressly provided elsewhere in these terms.
- A written service-level or enterprise agreement providing for credits or refunds.
- A right that cannot lawfully be excluded.
7. Cancellation
The Subscriber may cancel a Subscription at any time using the cancellation functionality provided within the Service, where available, or by giving written notice to hello@erryn.io.
Unless otherwise expressly agreed, cancellation takes effect at the end of the current Billing Period. The Subscriber may continue using the Service until that date and no further renewal charge will be taken afterwards.
Cancellation does not retrospectively cancel fees already incurred or usage-based charges accrued before the effective cancellation date.
8. Third-Party Services and integrations
8.1 Authority to connect accounts
Where the Subscriber connects a Third-Party Service, account, website, marketplace, data source, or platform, it warrants that it owns, controls, or has sufficient authority to authorise that connection and the associated processing or access.
The Subscriber is responsible for obtaining any necessary permission from its customers, account owners, licensors, employees, suppliers, or other third parties before making a connection.
8.2 Third-party terms
The Subscriber is responsible for complying with the terms, policies, licences, and usage restrictions applying to its own Third-Party Services.
The availability of an integration through the Service does not represent a warranty that every possible use of that integration is permitted by the relevant third party.
8.3 Third-party availability and changes
Third-Party Services are outside the Provider’s control. Their APIs, functionality, pricing, policies, authentication methods, technical limits, data availability, or terms may change or cease to be available.
The Provider is not responsible for a Third-Party Service becoming unavailable or incompatible, or for suspension, restriction, or termination of a Subscriber’s third-party account by the relevant provider, except to the extent directly caused by the Provider acting outside the authority granted by the Subscriber.
Where a Third-Party Service connection fails, expires, is revoked, or becomes unavailable, functionality dependent on that connection may cease until access is restored or an alternative becomes available.
The failure of an individual Third-Party Service does not by itself constitute failure of the Service.
9. Outputs and automated functionality
9.1 Automated and AI-assisted Outputs
A Service may use algorithms, automated analysis, machine learning, artificial intelligence, third-party data, or other automated systems to generate Outputs.
Automated Outputs may contain errors, omissions, duplicated concepts, unexpected results, or information that is incomplete or becomes outdated.
9.2 Subscriber review
The Subscriber is responsible for reviewing Outputs before publishing them, acting upon them, or relying upon them for material business decisions.
In particular, the Subscriber remains responsible for the accuracy and legality of product descriptions, claims, pricing, advertising, regulatory statements, technical specifications, and other material published to third parties using the Service.
9.3 No guaranteed commercial outcome
The Provider does not warrant that an Output or use of the Service will achieve a particular search ranking, AI-assistant mention, sales result, conversion rate, revenue increase, traffic level, advertising result, competitive position, or other commercial outcome unless expressly agreed in a separate written guarantee.
Search engines, marketplaces, AI assistants, advertising systems, competitors, and other external platforms are controlled by third parties and may change without notice.
9.4 Rights in Outputs
As between the Provider and the Subscriber, and subject to payment of all fees properly due, the Subscriber may use, reproduce, modify, publish, and commercially exploit Outputs generated specifically for its account.
To the extent that the Provider owns transferable intellectual property rights in such Outputs, the Provider assigns those rights to the Subscriber upon generation and payment.
The Provider does not warrant that every Output is capable of attracting intellectual property protection, is unique to the Subscriber, or cannot resemble material independently generated for another person.
This clause does not transfer ownership of the Service, underlying software, prompts, workflows, methodologies, models, algorithms, templates, systems, datasets, or other Provider or third-party technology used to produce an Output.
10. Subscriber Data
10.1 Ownership
The Subscriber retains its rights in Subscriber Data.
The Subscriber grants the Provider a non-exclusive licence to access, host, copy, transmit, transform, analyse, and otherwise process Subscriber Data to the extent reasonably necessary to provide, secure, maintain, support, and administer the Service and fulfil the Provider’s obligations under the agreement.
10.2 Subscriber responsibility
The Subscriber is responsible for the legality, accuracy, and quality of Subscriber Data and for ensuring that it has the rights, permissions, and lawful basis necessary to provide that data to the Service.
10.3 Aggregated and anonymised information
The Provider may generate and use aggregated statistical, operational, technical, and analytical information derived from use of the Services where that information does not identify the Subscriber or an individual.
Such information may be used to operate and improve the Services, understand usage patterns, develop functionality, monitor performance, and conduct general product or market analysis.
11. Data protection
Each party will comply with applicable data protection and privacy law in connection with the Service, including the UK GDPR and Data Protection Act 2018 as amended from time to time.
For ordinary business contact information, account administration, billing, security, and the Provider’s own legitimate operational records, each party acts as an independent controller to the extent applicable.
Where the Provider processes personal data on behalf of the Subscriber in providing a Service, the Data Processing Schedule at the end of these terms applies.
12. Acceptable use
The Subscriber must not, and must not knowingly permit an Authorised User or third party to:
- Use the Service for unlawful, fraudulent, deceptive, or abusive activity.
- Upload or distribute malware or deliberately harmful code through the Service.
- Access, scan, test, interfere with, or attempt to gain access to systems or accounts without appropriate authority.
- Use the Service in a way that infringes intellectual property, confidentiality, privacy, data protection, or other third-party rights.
- Attempt to gain unauthorised access to the Service or another Subscriber’s account or data.
- Attempt to circumvent Usage Limits, authentication controls, subscription restrictions, rate limits, or security mechanisms.
- Reverse engineer, decompile, disassemble, extract, or attempt to derive the source code, non-public models, algorithms, or underlying technology of the Service except to the limited extent that applicable law gives a right which cannot lawfully be excluded.
- Systematically copy or extract substantial parts of the Service for the purpose of creating a competing service.
- Resell, sublicense, white-label, timeshare, or provide commercial access to the Service except where the applicable Plan expressly permits this.
- Use the Service in a manner that places an unreasonable or disproportionate load on its infrastructure or materially interferes with other users.
The Provider may restrict or suspend activity which it reasonably considers necessary to prevent a material breach of this clause, protect the Service, respond to a security incident, or prevent harm to another person or system.
13. Security
The Provider will maintain technical and organisational measures that it considers appropriate to the nature of the Service, the Subscriber Data processed, and the reasonably foreseeable security risks involved.
No internet-connected software or information system can be guaranteed to be completely secure or continuously available. The Provider therefore does not warrant that the Service will prevent every unauthorised access attempt, malicious attack, data loss event, vulnerability, or security incident.
The Subscriber remains responsible for reasonable security controls relating to its own users, devices, accounts, networks, connected Third-Party Services, credentials, and endpoints.
14. Availability and support
14.1 Availability
The Provider will use reasonable endeavours to make paid Services available, subject to maintenance, development work, technical issues, security incidents, internet connectivity, Third-Party Services, and circumstances outside the Provider’s reasonable control.
Unless an Order Form or Service Schedule expressly includes a service level agreement, no guaranteed uptime percentage, response time, recovery time, or service credit applies.
14.2 Maintenance
The Provider may perform planned or emergency maintenance. Where reasonably practicable, advance notice will be given for planned maintenance expected to cause material interruption.
14.3 Support
Support entitlements and response arrangements depend on the applicable Plan. Unless otherwise agreed, support is provided on a reasonable endeavours basis during the Provider’s normal business operations and does not constitute a guaranteed response or resolution time.
15. Beta and experimental features
The Provider may make Beta Features available from time to time.
Beta Features may be incomplete, change materially, contain errors, have limited support, or be withdrawn without becoming part of the general Service.
Unless expressly agreed otherwise, Beta Features should not be relied upon as the sole means of performing a business-critical function.
No service level commitment applies to a Beta Feature unless expressly stated in writing.
16. Intellectual property
16.1 Provider technology
The Provider and its licensors retain all intellectual property rights in the Services and their underlying technology, including software, source code, object code, interfaces, databases, designs, documentation, workflows, models, prompts, algorithms, systems, methods, trademarks, and know-how.
Nothing in these terms transfers ownership of the Service or underlying technology to the Subscriber.
16.2 Subscription licence
During an active Subscription, the Provider grants the Subscriber a limited, non-exclusive, non-transferable right to access and use the relevant Service for the purposes and within the limits permitted by its Plan.
This right ends when the Subscription ends, except for rights expressly granted in relation to exported Subscriber Data or Outputs.
16.3 Feedback
If the Subscriber voluntarily provides suggestions, ideas, feature requests, or other feedback about a Service, the Provider may use that feedback without restriction or payment, provided this does not give the Provider ownership of the Subscriber’s confidential information or Subscriber Data.
17. Confidentiality
Each party will keep confidential non-public information disclosed by the other in connection with a Service and will use it only as reasonably necessary to exercise its rights or perform its obligations under the agreement.
This obligation continues for three years after termination, except that obligations relating to personal data, authentication credentials, security-sensitive information, and genuine trade secrets continue for as long as the information remains protected by law or retains its confidential character.
The obligation does not apply to information which:
- Is or becomes lawfully public other than through breach of these terms.
- Was already lawfully known without confidentiality restriction.
- Is independently developed without use of the other party’s confidential information.
- Is lawfully obtained from another person without confidentiality restriction.
- Must be disclosed by law, court order, or competent authority.
18. Warranties and disclaimers
The Provider will provide the Service with reasonable skill and care.
Except as expressly stated in these terms, an Order Form, or a Service Schedule, and to the fullest extent permitted by law, the Provider does not warrant that:
- The Service will be uninterrupted or error-free.
- Every defect or vulnerability will be corrected immediately.
- The Service will remain compatible with every Third-Party Service or future version of third-party software.
- Every item of third-party data available through the Service will be complete, accurate, or continuously available.
- The Service or any Output will produce a particular commercial, regulatory, technical, search, advertising, or competitive result.
19. Subscriber indemnity
The Subscriber will indemnify the Provider against reasonable losses, liabilities, damages, costs, and third-party claims arising directly from:
- Subscriber Data that unlawfully infringes the rights of another person.
- The Subscriber knowingly connecting or instructing the Provider to access a system or account which it was not authorised to use.
- The Subscriber’s unlawful use of the Service.
This indemnity does not apply to the extent that the relevant claim was caused by the Provider’s own breach of these terms, negligence, or unlawful conduct.
20. Liability
20.1 Liability cap
Subject to clause 20.3, the Provider’s total aggregate liability arising out of or in connection with a Service or Subscription, whether in contract, tort including negligence, misrepresentation, breach of statutory duty, data protection, or otherwise, is limited to the total fees paid or payable by the Subscriber for the affected Service during the 12 months immediately preceding the event giving rise to the claim.
Where the Subscription has been active for less than 12 months, the relevant period is the period from commencement of the Subscription to the event giving rise to the claim.
If an Order Form expressly states a different liability cap, that cap applies to the Subscription covered by that Order Form.
20.2 Excluded losses
Subject to clause 20.3 and to the fullest extent permitted by law, the Provider is not liable for:
- Indirect or consequential loss.
- Loss of profit, revenue, anticipated savings, goodwill, reputation, opportunity, or anticipated business.
- Loss arising from suspension, restriction, termination, policy changes, API changes, or availability failure of a Third-Party Service, except to the extent directly caused by the Provider acting outside the Subscriber’s authority.
- Loss resulting from the Subscriber publishing, implementing, or relying upon an Output without reasonable review.
- Loss arising from inaccurate, incomplete, unlawful, or unauthorised Subscriber Data.
- Loss caused by the Subscriber’s failure to keep its accounts, systems, devices, authentication credentials, or Third-Party Services reasonably secure.
- Loss resulting from use of the Service contrary to its documentation, these terms, or reasonable technical restrictions notified to the Subscriber.
20.3 Liability that cannot be excluded
Nothing in these terms excludes or limits liability for:
- Death or personal injury caused by negligence.
- Fraud or fraudulent misrepresentation.
- Any other liability which cannot lawfully be excluded or limited.
21. Suspension
The Provider may suspend or restrict some or all access to a Service where reasonably necessary because of:
- Overdue payment.
- A material or repeated breach of these terms.
- Suspected unlawful or fraudulent activity.
- A security threat or suspected compromise.
- Use that materially threatens the stability or availability of the Service.
- A legal or regulatory requirement.
- A Third-Party Service provider requiring suspension of an affected integration.
Where reasonably practicable, the Provider will notify the Subscriber before suspension and provide an opportunity to remedy the issue. Advance notice is not required where immediate action is reasonably necessary to protect security, other users, systems, or comply with law.
22. Termination by the Provider
22.1 Termination for breach
The Provider may terminate a Subscription immediately where the Subscriber commits a material breach which cannot reasonably be remedied, or after reasonable notice where a remediable material breach remains uncorrected.
The Provider may terminate immediately for deliberate unlawful use, fraud, serious misuse of the Service, deliberate attempts to compromise the Service, or repeated material breaches of clause 12.
22.2 Discontinuing a Service
The Provider may discontinue a Service as a whole for commercial, technical, legal, security, or operational reasons.
For an active paid Service, the Provider will normally give at least 60 days’ notice where reasonably practicable.
If discontinuation takes effect before the end of a period for which the Subscriber has prepaid, the Provider will refund the unused proportion of the affected Subscription fee.
23. Effect of cancellation or termination
When a Subscription ends, the Subscriber’s right to access the affected Service ends on the applicable termination or cancellation date.
Where reasonably supported by the Service, the Subscriber should export Subscriber Data and Outputs it wishes to retain before the Subscription ends.
For 30 days after the end of a paid Subscription, the Provider may retain Subscriber Data to allow reasonable retrieval or restoration unless earlier deletion is requested or required by law.
After that period, the Provider may permanently delete Subscriber Data, except for information:
- Required to be retained by law.
- Required for legitimate accounting, security, fraud prevention, or legal records.
- Temporarily retained within routine secure backups pending scheduled deletion.
Termination does not affect rights or payment obligations which accrued before termination.
24. Changes to these terms
The Provider may update these terms from time to time.
Material changes affecting an active paid Subscription will normally be notified at least 30 days before taking effect.
Changes which are required urgently for legal, regulatory, security, fraud-prevention, or technical reasons may take effect on shorter notice where reasonably necessary.
Continued use of the Service after an updated version takes effect constitutes acceptance of the revised terms.
If a material change substantially disadvantages an existing prepaid Subscriber and is not required by law or security necessity, the Subscriber may notify the Provider before the change takes effect and terminate the affected Subscription. Any unused prepaid Subscription fee will then be refunded on a proportionate basis.
25. General
25.1 Independent parties
Nothing in these terms creates a partnership, joint venture, employment relationship, fiduciary relationship, or agency between the Provider and Subscriber.
25.2 Assignment
The Subscriber may not assign or transfer its Subscription without the Provider’s prior written consent, such consent not to be unreasonably withheld in connection with a genuine business restructuring or sale.
The Provider may assign these terms or a Subscription as part of a genuine restructuring, merger, financing arrangement, sale of the relevant Service, or transfer of substantially all of its business, provided this does not materially reduce the Subscriber’s contractual protections.
25.3 Force majeure
Neither party is liable for delay or failure to perform an obligation caused by circumstances beyond its reasonable control, including widespread communications or cloud infrastructure failure, natural disaster, serious civil disruption, war, government action, or similar events.
This clause does not excuse payment of amounts already due.
25.4 Severability
If any provision of these terms is found invalid or unenforceable, the remaining provisions will continue in effect and the affected provision will be modified only to the minimum extent reasonably necessary to make it valid and enforceable where permitted by law.
25.5 Waiver
A failure or delay in exercising a right under these terms does not waive that right.
25.6 Third-party rights
Unless expressly stated otherwise, a person who is not a party to the agreement has no right to enforce any provision of it under the Contracts (Rights of Third Parties) Act 1999.
25.7 Notices
Formal notices under these terms may be given by email to the account or administrative contact provided by the Subscriber and, in the case of notices to the Provider, to hello@erryn.io.
25.8 Governing law
These terms and each Subscription governed by them are subject to the laws of England and Wales.
The parties will first attempt in good faith to resolve any dispute through direct discussion. If a dispute remains unresolved, the courts of England and Wales will have exclusive jurisdiction.
25.9 Entire agreement
These terms, the applicable Plan or Order Form, any applicable Service Schedule, and any separate agreement expressly incorporated into the Subscription constitute the entire agreement between the parties concerning the Service.
Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.
Data Processing Schedule
This Data Processing Schedule applies where and to the extent that the Provider processes personal data on behalf of the Subscriber in providing a Service.
1. Roles
For processing covered by this Schedule, the Subscriber is the controller and the Provider is the processor unless applicable Data Protection Law requires a different classification.
The Subscriber is responsible for ensuring that its instructions to the Provider comply with applicable Data Protection Law.
2. Processing details
Subject matter: Processing of personal data as reasonably necessary to provide, operate, secure, support, maintain, and administer the relevant Service and its integrations.
Duration: For the duration of the Subscription and any limited retention period permitted or required under these terms or applicable law.
Nature and purpose: Collection, transmission, storage, retrieval, organisation, analysis, transformation, matching, reporting, synchronisation, hosting, troubleshooting, deletion, and other processing reasonably required to provide the functionality selected by the Subscriber.
Types of personal data: Depending on the Service and connected systems, personal data may include business contact information, user account information, usernames and identifiers, authentication and access metadata, website or application analytics, search and marketing data, CRM information, customer or prospect information, transaction or order information, support records, technical logs, IP addresses, and other personal data deliberately submitted through supported functionality or integrations.
Categories of data subjects: Depending on the Service, data subjects may include the Subscriber’s Authorised Users, employees, contractors, customers, prospective customers, website or application users, suppliers, business contacts, and individuals whose information is contained within a connected system.
3. Provider obligations
When acting as processor, the Provider will:
- Process personal data only on documented instructions from the Subscriber, including instructions inherent in the Subscriber’s use and configuration of the Service, unless processing is required by law.
- Inform the Subscriber if, in the Provider’s reasonable opinion, an instruction infringes applicable Data Protection Law.
- Ensure persons authorised to process personal data are subject to appropriate confidentiality obligations.
- Maintain appropriate technical and organisational security measures having regard to the nature of the processing and reasonably foreseeable risks.
- Provide reasonable assistance to the Subscriber in responding to requests by individuals exercising applicable data protection rights, taking into account the nature of the processing.
- Provide reasonable assistance with the Subscriber’s obligations concerning security, personal data breaches, data protection impact assessments, and regulatory consultation where relevant to processing performed by the Provider.
- Notify the Subscriber without undue delay after becoming aware of a personal data breach affecting personal data processed on the Subscriber’s behalf.
- Delete or return personal data at the end of the relevant processing where reasonably requested, subject to legal retention obligations and routine secure backups pending scheduled deletion.
- Make available information reasonably necessary to demonstrate compliance with the obligations in this Schedule.
4. Sub-processors
The Subscriber gives general written authorisation for the Provider to engage sub-processors where reasonably necessary to provide the Services.
The Provider will ensure that any sub-processor processing personal data on behalf of the Subscriber is subject to written data protection obligations providing an appropriate level of protection for that processing.
The Provider will remain responsible for the performance of its sub-processors’ data-processing obligations to the extent required by applicable Data Protection Law.
A current list of material sub-processors will be made available to Subscribers on request or through the relevant Service. Where reasonably practicable, the Provider will give notice before appointing a new material sub-processor that will process Subscriber personal data.
The Subscriber may raise a reasonable written objection to a new sub-processor on genuine data-protection grounds. The parties will work in good faith to find a reasonable solution. If no reasonable alternative is available, either party may terminate the affected part of the Service and any unused prepaid fee attributable solely to that affected Service will be refunded proportionately.
5. International transfers
The Provider will not knowingly make a restricted international transfer of personal data processed on behalf of the Subscriber unless the transfer is permitted by applicable Data Protection Law or is subject to an appropriate transfer mechanism.
6. Audit and compliance information
The Provider will provide information reasonably necessary for the Subscriber to assess compliance with this Schedule.
Where an audit is reasonably required by applicable Data Protection Law and equivalent assurance cannot reasonably be provided through existing documentation, the Subscriber may request an audit on reasonable written notice.
Audits must be conducted during normal business hours, minimise disruption, protect the confidentiality and security of other customers and systems, and will normally be limited to once in any 12-month period unless a personal data breach or regulator reasonably requires otherwise.
The Subscriber will bear its own audit costs and reimburse the Provider’s reasonable costs of providing assistance where an audit goes materially beyond information normally made available to Subscribers, unless the audit identifies a material breach by the Provider.
7. Liability
Except to the extent that applicable law prevents contractual limitation, liability arising under this Data Processing Schedule is subject to the liability provisions of the Software Subscription Terms.
Contact
Erryn.io Ltd
Trading as erryn.io
The Old Granary
Hampton-on-the-Hill
Warwick
United Kingdom
CV35 8HB
Company number: 17407419
Email: hello@erryn.io