TERMS AND CONDITIONS

1. Who are we?

1.1 We are Share The Truth Ltd trading as “Facts.ly”. For privacy queries, you can contact us at privacy@facts.ly.

2.What this is all about

2.1 These are our terms and conditions which apply to our Service (explained below) Please read the entire document carefully and contact us if that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.

3. Some definitions

THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT

• “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
• “Content” - all information of whatever kind that is displayed, stored or sent on or in connection with our Service including video checks.
• “Service” – our website, our video checking service and any related services.
• “User” - people or organisations using our Service (whether or not registered with us).

4. IMPORTANT WARNING

IN SHORT: OUR REPORTS MAY NOT BE ACCURATE. DON’T RELY ON THEM WHEN MAKING IMPORTANT DECISIONS.

4.1 Our reports are generated by AI, which can make mistakes. You should treat our Service only as a starting point. Don’t rely on it when making important decisions. You should take other appropriate advice first.

5. How you enter a legal contract with us

THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

5.1 By registering on our website, you enter a legal contract with us to use our Service.

5.2 By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

5.3 If you invite other people to use our Service in connection with family/friends group plan, you agree to ensure that they comply with these terms and you are responsible to us if they don’t.

6. Consumer legal right to cancel (“cooling off”)

IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO GET OUT OF THE CONTRACT

6.1 If you are a Consumer, you may have the legal right to cancel this contract within 14 days as explained in the Annex at the end of this document

6.2 However, you lose the right to cancel where the supply of digital content began (i.e., you received our first video) before the end of the cancellation period that started on the date of the contract with your specific agreement, and you agreed that your right to cancel would be lost in such case (which will generally be the case in relation to our Service).

7. Your right to use our Service

THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE

7.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions. To register and request video checks, you must use a device with a WhatsApp account linked to the phone number.

7.2 You agree to comply with any applicable third party terms when using our Service.

7.3 You may only use any trial period for the purpose of a genuine assessment of the Service. You must not attempt to use the Service for more than one trial period. We can cancel your trial if we find that you have had access to a previous one.

8. Standard of Service

THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU

8.1 Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.

9.Changing these terms and conditions

IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE

9.1 We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website
and/or communicating them to you by email or otherwise.

9.2 If you don’t agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the
address below) to end this contract on the day before the new terms take effect.

10 Behaviour when using our Service

THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE

10.1 You agree not to do any of the following in connection with our Service:

• break the law or infringe anyone else’s rights;
• send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
• victimise or harass other people;
• use offensive, obscene, abusive, discriminatory or other
  inappropriate language or images;
• deceive or mislead anyone;
• send, store, display or link to any Content that includes someone
  else’s personal information unless that person is 18 years or over
  and you have obtained their written consent or you are otherwise
  legally allowed to do so (e.g., as parent/guardian);
• impersonate anyone;
• use our Service to help you compete with us or to infringe our rights;
• disrupt our Service, e.g., spam, viruses or phishing;
• interfere with or damage our Service or gain unauthorised access
  to any part of our system, data, passwords or otherwise;
• intercept, modify or impede communications;
• impose an unreasonable load on our Service;
• get around any security features including those designed to stop copying of Content; or
• attempt, encourage or assist any of the above.

10.2 You agree to:

• comply with the guidance/requirements on our Service; and
• provide prompt and reasonable cooperation in relation to our Service.

10.3 You agree to ensure that any contact or other information that you provide us is accurate and not misleading and you will tell us immediately
if there are any important changes.

11. Your Content

THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES

11.1 You are responsible for your Content.

11.2 You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and
conditions.

11.3 Provided we comply with data protection law), we are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or
delete Content for any reason and to disclose to the police or other relevant authorities or to a complainant any Content or behaviour provided we are legally permitted to do so.

11.4 We are entitled to delete your Content if you are not a subscriber and your account has been inactive for at least twelve months or any alternative
period we decide. 

12. Our Content

IN SHORT: WE ARE ALLOWED TO DELETE OUR VIDEO CHECKS

12.1 We are entitled to delete our video check within 30 days (or any alternative deletion period stated on our website).

13. Other peoples’ services / advertising / websites

IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE

13.1 We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

14. If you create an account on our Service

IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL

14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account except insofar as permitted under a family/friends group plan.

14.2 You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity.

15. Paying us

THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS INCLUDING AUTO-RENEWAL OF SUBSCRIPTIONS AND PRICE CHANGES

15.1 Payment is in advance on subscription. Prices, subscription periods and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise.

15.2 Each subscription tier allows you to carry to out a maximum of number of checks per month. NB Unused checks cannot be carried over to the following month.

15.3 Your subscription will start either immediately or automatically after any free trial period and it will continue to be auto-renewed for the subscription period you signed up to unless you cancel the trial period/subscription as explained on our Service. We will send you reminder notices as required by law.

15.4 If you cancel your trial/subscription:

• this will take effect at the end of your current trial/subscription period – unless you request immediate cancellation;
• if we operate a free Service, your cancellation only applies to the subscription part of our Service and you will be reverted to our free Service – unless you ask us to completely end the contract; and
• you will not be entitled to a refund unless Consumer cooling off rights apply or you qualify for a refund under any money-back or other voluntary refund policy explained on our Service.

15.5 You authorise us and our payment provider to place a hold on, or charge, your payment method for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.

15.6 If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

15.7 We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect. If you do not agree with the new price, you should end your subscription as explained on our Service. Otherwise, the next renewal of your subscription after our notice will be at the new price.

15.8 You must contact us immediately with full details if you dispute any payment.

15.9 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.

16. Discount codes

THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SERVICE

16.1 You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.

16.2 Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.

16.3 We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed or if.

16.4 Codes are subject to any additional specific terms and conditions which we tell you about at the point of issue. We can discontinue or change any discount scheme codes at any time without telling you beforehand.

17. Support

THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE

17.1 The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.

17.2 Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are calculated in English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.

17.3 In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.

18. Ending or suspending this contract

THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS

18.1 You can end this contract at any time by emailing us to the email address below or as otherwise explained on our Service or in these terms. (Please see above (“Paying Us”) about ending your subscription, which may or may not involving also ending your entire contract with us.) Ending the contract does not entitle you to a refund unless Consumer cooling off rights apply or you qualify for a refund under any money-back or other voluntary refund policy explained on our Service.

18.2 We can end this contract or suspend part or all of our Service or impose restrictions on our Service if:

• you break this contract;
• any fees payable by you are unpaid or charged back;
• acting reasonably, we think that it is necessary to protect you, us or others;
• we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
• you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors

18.3 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

18.4 If this contract ends:

• Your right to use our Service and all licences are terminated.
• We are allowed to delete your Content without telling you.
• Existing rights and liabilities are unaffected.
• All terms in this contract that are stated or intended to continue after termination will continue to apply.

19. If our Service doesn’t work properly

IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE

19.1 We do not guarantee that the Service will be uninterrupted or error-free.

19.2 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.

20. Restrictions on our legal responsibility – very important

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

20.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.

20.2 If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:

• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business of yours.

20.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

20.4 The following clauses apply only if you are not a Consumer:

• To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
• Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
• - loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
• - indirect, consequential or special losses.
• Subject to the first paragraph in this section (“Nothing in this agreement…”), if you are or were a subscriber, our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
• You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
• This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements

21. Intellectual property rights (IP)

THIS SECTION CONFIRMS THAT WE REMAIN OWNER OF COPYRIGHT AND OTHER IP RIGHTS IN OUR CONTENT AND SETS OUT HOW WE ALLOW YOU TO USE THE CONTENT

IP in our Content (including all video checks)

21.1 We and/or our partners, own the IP in all Content that we use or generate on or in connection with our Service. Let’s call this “our Content”.

21.2 As we own IP in the video checks, we are allowed to display them on our website (e.g., under “Recent Checks”) or elsewhere but obviously without any personal information relating to you.

21.3 You may view our video checks and other Content on your device for your private personal, non-commercial use only (unless we give you clear written permission to use the Content more widely). Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you or we give you clear written permission, you must not otherwise use any part of our Content including by copying, recording, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.

21.4 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.

22. Your personal information

IN SHORT: OUR PRIVACY POLICY APPLIES

22.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

23. Things we can’t control

IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

23.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

24. Transferring this contract to someone else

25. English law and courts

IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES

25.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

26. General

HERE ARE SOME GENERAL BUT IMPORTANT POINTS THAT APPLY

26.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

27. Complaints

27.1 If you have any complaints, please contact us via the contact details shown below.

28. Information about us

• 28.1 Company name: Share The Truth Ltd
• 28.2 Trading name: “Facts.ly”
• 28.3 Country of incorporation: England and Wales
• 28.4 Registered number: 16182332
• 28.5 Registered office and contact address: Mjg M J Goldman Chartered Accountants, Hollinwood Business Center, United Kingdom, OL8 3QL
• 28.6 Contact email address: info@facts.ly
• 28.7 Other contact information: See our website/contact page
• 28.8 VAT number: GB 497 844 325

ANNEX – COOLING OFF

YOUR LEGAL RIGHT TO CANCEL

The following applies ONLY if you are a Consumer and have the legal right to cancel this contract (as explained above).

Right to cancel

1. You have the right to cancel the contract within 14 days without giving any reason.

2. The cancellation period will end after 14 days from the day when we enter a legal contract with you (i.e., as explained above – “How you enter a legal contract with us”).

3. To exercise the right to cancel, you must tell us Share The Truth Ltd, Mjg M J Goldman Chartered Accountants, Hollinwood Business Center, United Kingdom, OL8 3QL (email address above) of your decision to cancel the contract by using the cancellation methods explained on our Service or sending us a clear statement (e.g., by email or post). You may use the model cancellation form below, but you don’t have to.

4. To meet the cancellation deadline, you must send your communication telling us you want to cancel before the cancellation period ends.

Effects of cancellation

5. If you cancel the contract, we will refund to you all payments received from you.

6. The refund will be made without undue delay, and no later than 14 days after the day we receive your notice to cancel the contract.

7. The refund will be made using the same means of payment you used for the initial transaction, unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.

8. If we supply services that don’t involve supply of digital content and you asked us to start performing the services during the cancellation period, you must pay us an appropriate proportion of the payment to cover services performed until the point when you tell us you want to cancel the contract.

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract: