Terms of Service
These Terms of Service govern access to and use of the Gumtrue software platform and related services. By accessing or using Gumtrue, you agree to be bound by these Terms.
Last Updated: 01-Jan-2025
1. About Gumtrue
Gumtrue provides cloud-based software solutions designed to support wholesale and distribution businesses, including customer management, ordering, invoicing, stock control, and payment processing.
2. Acceptance of Terms
By using the Gumtrue platform, you confirm that you are authorised to act on behalf of your business and that you agree to these Terms on behalf of that business.
If you do not agree to these Terms, you must not use the services.
3. Accounts and Responsibilities
You are responsible for:
- Maintaining the confidentiality of your login credentials
- Ensuring all data provided is accurate, lawful, and up to date
- All activity carried out under your account
You must notify Gumtrue immediately if you suspect unauthorised access or a security breach.
4. Customer Data and Ownership
All data uploaded to Gumtrue remains the property of the customer.
Gumtrue does not claim ownership of customer data and processes such data solely for the purpose of providing the services in accordance with these Terms and our Privacy Policy.
5. Data Protection and Security
5.1 Data Roles
For the purposes of data protection legislation, customers act as data controllers and Gumtrue acts as a data processor.
5.2 Data Processing
Gumtrue processes customer data only on documented instructions from the customer and in compliance with applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.
5.3 Security Measures
Gumtrue implements appropriate technical and organisational measures to protect customer data, including:
- Secure hosting environments
- Access controls and authentication mechanisms
- Encryption where appropriate
- Monitoring, maintenance, and regular updates
While reasonable care is taken, no system can be guaranteed to be completely secure.
5.4 Third-Party Services
Gumtrue may use trusted third-party service providers to support its services. These providers are subject to confidentiality and data protection obligations.
6. Acceptable Use
You agree not to:
- Use the service for unlawful purposes
- Upload malicious software or harmful content
- Attempt unauthorised access to systems or data
- Interfere with or disrupt the platform or its users
Gumtrue may suspend access if misuse is detected.
7. Service Availability
Gumtrue aims to provide a reliable service but does not guarantee uninterrupted availability.
Scheduled maintenance, updates, or unforeseen technical issues may result in temporary service interruptions.
8. Fees and Payment
Fees, billing cycles, and payment terms are agreed separately or displayed within the platform.
Failure to pay fees when due may result in suspension or termination of access.
9. Termination
9.1 By Customer
You may cancel your subscription at any time in accordance with the cancellation process provided within the platform.
9.2 By Gumtrue
Gumtrue may suspend or terminate access if these Terms are breached or the service is misused.
9.3 Data After Termination
Following termination, customer data will be retained for a reasonable period and then deleted, unless retention is required by law or agreed otherwise.
10. Intellectual Property
Gumtrue retains all intellectual property rights in the software, platform, and related materials.
Customers are granted a non-exclusive, non-transferable right to use the software during the subscription period.
11. Limitation of Liability
11.1 Excluded Losses
To the maximum extent permitted by law, Gumtrue shall not be liable for any indirect, incidental, special, or consequential losses, including but not limited to loss of profits, loss of business, loss of customers, loss of anticipated savings, loss of data, or business interruption, even if such losses were foreseeable.
11.2 Liability Cap
Gumtrue’s total liability arising out of or in connection with the use of the services, whether in contract, tort, negligence, breach of statutory duty, or otherwise, shall not exceed the total fees paid by the customer to Gumtrue in the one month immediately preceding the event giving rise to the claim.
This limitation applies in aggregate across all claims.
11.3 Exceptions
Nothing in these Terms limits or excludes liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded or limited under applicable law
12. Disclaimer
The Gumtrue platform is provided on an “as is” and “as available” basis. While reasonable care is taken in providing the service, Gumtrue does not guarantee that the platform will be error-free or meet all specific business requirements.
13. Governing Law
These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
14. Changes to These Terms
Gumtrue may update these Terms from time to time. Continued use of the services after changes take effect constitutes acceptance of the updated Terms.