Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Eclipta Solutions Ltd trading as Property Analytica (company registration number: 16837699), a company registered in England and Wales with registered office at Suite 16, Enterprise House, Bicester Business Centre, Telford Road, Bicester, Oxon OX26 4LD ("we", "our", "us", or "Property Analytica").

By accessing, registering for, or using the Property Analytica service (the "Service"), you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with these Terms, you must not use our Service.

These Terms comply with the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the UK General Data Protection Regulation (UK GDPR), and other applicable UK legislation.

2. Description of Service

Property Analytica is a web-based software-as-a-service (SaaS) platform that provides property investment analysis tools for the UK property market. Our Service includes:

• Property data lookup and analysis for UK postcodes
• Investment calculations including buy-to-let, flip, and HMO analysis
• Estate agent information and contact details
• Property valuation data
• Data export functionality (Excel, Google Drive integration)
• API-based access to third-party property data

The Service is provided "as is" and is intended for informational and analytical purposes only. It is not intended to constitute professional advice, and you should not rely solely on our Service for making investment decisions.

3. Account Registration and Eligibility

3.1 Account Creation

To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Service. By registering, you represent and warrant that you meet these eligibility requirements.

3.3 Account Security

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscription Plans and Pricing

4.1 Subscription Tiers

Property Analytica offers various subscription tiers with different monthly credit allocations and pricing. Each subscription tier provides a specified number of API credits per billing period for accessing property data and performing analyses.

4.2 Pricing and Payment

All prices are displayed in British Pounds Sterling (GBP) and are inclusive of VAT where applicable. By subscribing to a paid plan, you agree to pay the subscription fees at the rates in effect at the time of your subscription.

4.3 Credit Allocation

Credits are allocated monthly and reset at the beginning of each billing period. Unused credits do not roll over to the next billing period. If you exceed your monthly credit allocation, you will be unable to perform additional analyses until your credits reset at the start of the next billing period or until you upgrade to a higher-tier plan.

5. Automatic Renewal and Recurring Payments

5.1 Renewal Process

All subscriptions are set to automatically renew at the end of each billing period. By subscribing to our Service, you authorize us to charge your payment method on file for the applicable subscription fee at each renewal date until you cancel your subscription.

5.2 Payment Authorization

By providing your payment information, you expressly authorize Property Analytica and our payment processor (Stripe) to charge your designated payment method for all fees associated with your subscription. You are responsible for ensuring your payment information remains current and valid.

5.3 Price Changes

We reserve the right to modify our subscription prices. Price changes will be communicated to you via email at least 30 days before they take effect. If you do not agree with the price change, you may cancel your subscription before the new price takes effect. Continued use of the Service after the price change constitutes your acceptance of the new price.

6. Payment Failures and Service Suspension

6.1 Failed Payments

If a recurring payment fails (due to insufficient funds, expired card, or other reasons), your subscription status will be marked as "Past Due" and your access to the Service will be suspended. You will not be able to perform analyses or access premium features while your account is in a Past Due status.

6.2 Retry Attempts

Our payment processor will automatically attempt to process failed payments according to their retry schedule. You will receive email notifications regarding failed payment attempts and instructions for updating your payment information.

6.3 Service Restoration

Once a failed payment is successfully processed, your subscription will be reactivated, and your monthly credit allocation will be reset to give you a full billing period from the date of successful payment. This ensures you receive the full value of the subscription period you have paid for.

6.4 Subscription Cancellation After Failed Payments

If payment cannot be successfully processed after multiple retry attempts (typically within 7-14 days), your subscription may be automatically cancelled by our payment processor. Once cancelled, you will need to subscribe again to regain access to the Service.

7. Cancellation and Refunds

7.1 How to Cancel

You may cancel your subscription at any time by accessing your account settings and selecting "Manage Subscription" or "Cancel Subscription". You may also email our support team for assistance with cancellation.

7.2 Cancellation Effect

When you cancel your subscription, you will retain access to your paid features and credits until the end of your current billing period. After your current period ends, your subscription will not renew, and you will lose access to premium features. No refunds or credits will be provided for the unused portion of your subscription period.

7.3 Renewal After Cancellation

Once your subscription ends following cancellation, it will not be possible to renew automatically. To regain access to the Service, you will need to email Property Analytica support for assistance with reactivating your account. We reserve the right to require you to create a new subscription.

7.4 Refund Policy

Except where required by law, all subscription fees are non-refundable. We do not provide refunds or credits for partial months of service, unused credits, or for accounts that are cancelled mid-billing period.

7.5 14-Day Cooling-Off Period

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, UK consumers have a 14-day cooling-off period during which they may cancel their subscription and receive a full refund. This right begins from the date you subscribe to the Service. To exercise this right, please email us. Please note that if you have used the Service (performed analyses or consumed credits) during the cooling-off period, you may be charged for the services used on a pro-rata basis.

8. Service Availability and Limitations

8.1 Service Uptime

We strive to maintain high availability of our Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

8.2 Third-Party Data Dependencies

Our Service relies on third-party data providers and APIs. We are not responsible for the accuracy, completeness, or availability of third-party data. If a third-party service is unavailable or provides inaccurate data, we will make reasonable efforts to resolve the issue but cannot guarantee specific outcomes.

8.3 No Guaranteed Results

While we strive to provide accurate and useful information, we do not guarantee that the data, analyses, or recommendations provided through our Service will result in successful investments or any particular financial outcomes.

8.4 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9. Acceptable Use Policy

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems (bots, scrapers, etc.) to access the Service without our prior written permission
• Resell, redistribute, or commercially exploit any data obtained from the Service
• Reverse engineer, decompile, or attempt to discover the source code of the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Share your account credentials with others or allow others to use your account
• Use the Service in any manner that could damage, disable, or impair the Service
• Upload or transmit viruses, malware, or other malicious code
• Violate the intellectual property rights of Property Analytica or any third party

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

10. Intellectual Property Rights

10.1 Our Intellectual Property

All content, features, functionality, software, and technology comprising the Property Analytica Service, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, and software, are the exclusive property of Eclipta Solutions Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include the right to use our Service for commercial resale, to copy or download content (except as necessary for normal use), or to make derivative works.

10.3 Your Data

You retain all rights to the search queries, parameters, and analyses you create using the Service. However, by using the Service, you grant us a license to use aggregated, anonymized data for improving our Service, creating industry reports, and other business purposes.

11. Data Protection and Privacy

We are committed to protecting your personal data in accordance with UK GDPR and the Data Protection Act 2018. Our collection, use, and protection of your personal information is described in our Privacy Policy, which forms part of these Terms.

By using our Service, you consent to our collection and use of your data as described in the Privacy Policy. If you do not agree with our Privacy Policy, you must not use our Service.

12. Disclaimers and Warranties

12.1 No Investment Advice

12.2 Data Accuracy

While we make reasonable efforts to ensure the accuracy of the data provided through our Service, we do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any data, information, or content provided. Property data is sourced from third-party providers and may contain errors, omissions, or be out of date.

12.3 Service Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant the accuracy or reliability of any information obtained through the Service.

13. Limitation of Liability

13.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECLIPTA SOLUTIONS LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Investment decisions made based on information provided through the Service

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN SUBSCRIPTION FEES DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR £100, WHICHEVER IS GREATER.

13.3 Statutory Rights

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. If you are a consumer, you have certain legal rights which cannot be excluded or limited by these Terms, including rights under the Consumer Rights Act 2015.

14. Indemnification

You agree to indemnify, defend, and hold harmless Eclipta Solutions Ltd, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of or inability to use the Service
• Your violation of these Terms
• Your violation of any rights of another party, including any intellectual property rights
• Your violation of any applicable laws or regulations

15. Termination

15.1 Termination by You

You may terminate your account and stop using the Service at any time by cancelling your subscription as described in Section 7.1 above.

15.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of our Acceptable Use Policy
• Non-payment of subscription fees
• Suspected fraudulent, abusive, or illegal activity
• Upon your request
• Discontinuation of the Service

15.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice on the Service

Material changes will take effect 30 days after notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.

17.2 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

17.3 Dispute Resolution

Before initiating any formal legal proceedings, we encourage you to email us to attempt to resolve any disputes informally. We are committed to working with our users to reach fair and rapid resolutions.

17.4 Consumer Rights

If you are a consumer, nothing in this section affects your statutory rights, including your right to take proceedings in your local courts.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eclipta Solutions Ltd regarding the use of the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

18.4 Assignment

We may assign our rights and obligations under these Terms without your consent. You may not assign these Terms or any rights granted hereunder without our prior written consent.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

Eclipta Solutions Ltd trading as Property Analytica

Registered office at Suite 16, Enterprise House, Bicester Business Centre, Telford Road, Bicester, Oxon OX26 4LD.

• Email us via our contact form
• Website: www.propertyanalytica.co.uk

We aim to respond to all inquiries within 2 business days.

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