Terms of use
CAPEXdesk is a beta version and free to use for now. The business details of the company that provides CAPEXdesk will be published on this page before paid plans begin. These terms are for business use.
These terms are the agreement between you and CAPEXdesk (“we”, “us”) for the CAPEXdesk website and platform (the “service”). By creating a company or an account, or by using the service, you agree to them. If you do so for an organisation, you confirm you have authority to bind it, and “you” then means the organisation.
- The beta version and pricing
- Accounts and users
- Your data
- Data protection
- Using the service
- Your responsibility for the figures
- Intellectual property
- Availability and support
- Confidentiality
- Suspension and ending the agreement
- No warranties in the beta version
- Limits on liability
- Changes to these terms
- General
1. The beta version and pricing
CAPEXdesk is free during its initial launch beta version. Features may change, be added or be removed while we improve the service. We will give you at least 30 days’ notice by email before the service becomes a paid service. You will not be charged unless you agree to a paid plan, and you may stop using the service and export your data instead.
2. Accounts and users
- Give us accurate information and keep it up to date.
- Keep your sign-in details secret and use the second sign-in step wherever it is required. You are responsible for what happens under your account.
- The administrators of a company decide who may use it and what each person may see and do. You are responsible for the people you add, and for removing them when they should no longer have access.
- Tell us promptly at support@capexdesk.com if you think an account has been compromised.
3. Your data
- It stays yours. You keep all rights in the information you put into the service (“your data”). We have no rights in it except those below.
- What we may do with it. You give us a licence to host, copy, process and display your data only as needed to provide, secure and support the service. We do not sell your data, we do not use it for advertising, and we do not use it to train artificial intelligence models.
- What you promise. You have the right to put your data into the service and to let us process it as described here, including any personal information in it.
- Getting it out. You can export your summary, any approved version and the change history to Excel at any time.
4. Data protection
This section applies to personal information within your data. It forms the data processing terms between you and us. The way we handle personal information about our website visitors and account holders is described in our Privacy policy.
- Roles. You are the controller of personal information in your data, and we are your processor. If you are yourself a processor for someone else, we are your sub-processor.
- Instructions. We process that information only on your documented instructions, which are these terms and your use of the service. We will tell you if we think an instruction breaks the law.
- Confidentiality. Everyone we allow to access it is bound by a duty of confidence.
- Security. We keep appropriate technical and organisational measures in place, including a separate database for each company, a second sign-in step for users with higher access, encryption in transit, and a change history that cannot be edited through the platform. We may improve these measures but will not weaken them overall.
- Sub-processors. You agree that we may use the providers described in our Privacy policy to host and run the service. We will give you at least 30 days’ notice by email before adding or replacing one that handles your data. You may object on reasonable data protection grounds within 14 days. If we cannot resolve it, you may end the agreement and export your data. We stay responsible for our sub-processors and bind them to equivalent terms.
- Your people’s rights. We will give you reasonable help to answer requests from individuals about your data, and we will pass on any we receive directly.
- Breaches. If we become aware of a breach of security affecting your data, we will tell you without undue delay and give you the information you need to meet your own duties.
- Assistance. We will give reasonable help with data protection impact assessments and consultations with regulators.
- Return and deletion. When the agreement ends, you can export your data for 30 days. We then delete it within 90 days of the agreement ending, and backups are deleted as they expire, unless the law requires us to keep something.
- Information. On reasonable request, we will give you the information needed to show we comply with this section.
- Transfers. Our main database is in Frankfurt, Germany, and uploaded files and backups are stored in London, United Kingdom. Where personal information in your data is transferred outside the UK, we do so only with a lawful safeguard, such as a UK adequacy decision or the International Data Transfer Agreement or UK Addendum.
- Description of processing. Subject matter: providing the service. Duration: until the agreement ends, plus the deletion period above. Nature: storing, displaying, calculating and exporting. Individuals: your staff and contractors, and contacts at your suppliers. Information: names, work email addresses, roles, comments and amounts linked to people.
Our staff may view a company’s data only as described in our Privacy policy: read-only, as one named user, for 30 minutes, with a written reason, recorded in the audit logs.
5. Using the service
You and your users must not:
- break the law, or use the service to commit fraud or to infringe anyone’s rights;
- upload anything harmful, including malware, or anything you have no right to share;
- try to get into accounts, companies or data that are not yours, or test the service’s security without our written permission;
- overload or interfere with the service, or use automated means to access it other than as we offer;
- copy, resell or reverse engineer the service, or use it to build a competing product; or
- put information in the service that is not needed for managing capital spending, especially sensitive personal information.
6. Your responsibility for the figures
CAPEXdesk is a tool for planning, tracking and reporting capital spending. What it shows depends on what you put in. You are responsible for the accuracy of your data, for your approvals and for your decisions. CAPEXdesk does not give accounting, tax, legal, financial or investment advice, and it does not replace your accounting system, your cost system or your own professional advisers.
7. Intellectual property
We own the service, including its software, design and documentation, and these terms do not transfer any of that to you. We give you a non-exclusive, non-transferable right to use the service for your business while this agreement lasts. If you give us feedback, we may use it freely without paying you.
8. Availability and support
We will use reasonable care and skill to run the service and to fix problems, and we will try to keep it available. We may carry out maintenance and may change the service. During the beta version we do not promise any particular level of uptime. You can contact us for support at support@capexdesk.com.
9. Confidentiality
Each of us must keep the other’s confidential information secret and use it only for this agreement. Your data is your confidential information. This does not apply to information that is public through no fault of the person holding it, that they already knew or were given lawfully by someone else, or that they must disclose by law.
10. Suspension and ending the agreement
- You may stop using the service and close your company at any time.
- We may suspend access to the minimum extent needed if we reasonably believe it is necessary to protect the service or other users, to stop unlawful use or to meet a legal requirement. We will tell you why where we can.
- Either of us may end the agreement if the other commits a serious breach and does not fix it within 30 days of notice, or becomes insolvent. We may end it immediately for serious misuse or a security risk we cannot otherwise contain.
- When the agreement ends, you can export your data for 30 days. After that we delete it as set out in the data protection section. Clauses that are meant to continue, including those on liability, confidentiality and governing law, continue after the agreement ends.
11. No warranties in the beta version
The service is a beta version and is provided “as is”. To the extent the law allows, we give no promise that it will be error-free, uninterrupted or fit for your particular purpose. Nothing in these terms removes rights you have by law that cannot be removed.
12. Limits on liability
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to limit.
- Subject to that, neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business or goodwill.
- Subject to the first point, each party’s total liability to the other for everything arising from this agreement in any 12-month period is limited to the amount you paid us for the service in the 12 months before the claim arose, or £100 if you have paid us nothing.
13. Changes to these terms
We may update these terms. For a material change, we will email you at least 30 days before it takes effect. If you do not accept it, you may stop using the service and export your data before it does. We may make a change immediately where it is needed for security or to comply with the law. Using the service after a change takes effect means you accept it.
14. General
- Notices. We will send notices to the email address on your account. You can send notices to support@capexdesk.com.
- Whole agreement. These terms, our Privacy policy and anything we agree with you in writing are the whole agreement and replace anything earlier.
- Assignment. You may not transfer your rights under this agreement without our written consent. We may transfer ours to a successor of our business.
- Events outside our control. Neither of us is liable for delay or failure caused by events beyond our reasonable control.
- If part is unenforceable. The rest of these terms still apply. If we do not enforce a right straight away, we have not given it up.
- Third parties. Only you and we may enforce this agreement. Nobody else has rights under the Contracts (Rights of Third Parties) Act 1999.
- Law and courts. These terms and any dispute about them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.