Terms of Service

Last modified: 21st May 2018

What changed? Alignment with GDPR and revised privacy policy.

By using the tiltaffinity.com web site ("Service"), and all services of the software developed by Curo Software Limited, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Curo Software Limited reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service here at any time.

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

1. Account Terms

1.1 You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

1.2 You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

1.3 Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you like.

1.4 You are responsible for maintaining the security of your account and password. Curo Software Limited cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

1.5 You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

1.6 You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.7 You may not resell, rent, lease or distribute any part of this Service. Nor may you incorporate into applications or equipment produced, manufactured or sold by your organisation.

2. Payment and Refund Terms

2.1 Customers will be billed monthly by direct debit. No exceptions will be made. 

2.2 The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

2.3 Customers who have been approved to pay their subscription annually in advance must provide a direct debit mandate to allow automatic collection of annual subscriptions.

3. Cancellation and Termination

3.1 In order to cease your account you must notify Curo Software Ltd by email or via support request from within your Curo account. Your subscription will expire at the end of the current billing period and you will not be billed again. Your account will remain active until the end of that billing period.

3.2 After your account has been ceased all of your Content will be queued for deletion after 60 days. This information cannot be recovered once your account has been removed. The 60-day deletion queue period is based on past experience and allows a full billing cycle to elapse to prevent suspended accounts being removed by mistake, and also allows users to retrieve data whose importance may not be immediately evident on termination of their subscription. 

3.3 If you breach any of these Terms and do not remedy the breach within 14 days after receiving the notice of the breach (if the breach is capable of being remedied), then Curo Software Ltd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Curo Software Ltd service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

4. Modifications to the Service and Prices

4.1 Curo Software Limited reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

4.2 Prices of all Services, including but not limited to monthly subscription fees, are subject to change upon 14 days’ notice from us. Such notice may be provided at any time by posting the changes to the Affinity Site (www.usetilt.com) or the Service itself.

4.3 Curo Software Limited shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. Copyright and Content Ownership

5.1 You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.

5.2 We own Curo Software Limited and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Curo Software Limited, our Service, or our content on Service without our written permission.

5.3 You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

6. Use of The Service

6.1 Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

6.2 Technical support is provided to all account holders, and is conducted solely via email. 

6.3 In case of any technical issues or data-related queries, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still require technical help, please check the support material provided online by Curo Software Limited in the product helpdesk, or failing that raise a support ticket by emailing us at support@tiltaffinity.com or via the support links within the Service.

6.4 Support services will be provided during Curo Software Limited's standard working hours, 9am to 5.30pm Monday to Friday, excluding bank and public holidays in the UK and the Irish Republic.

6.5 Whilst we always try to assist with any form of user support request, the purpose of support is to answer queries relating to the use of the Curo application. We will not perform forensic analysis of your data entry activities. The product has data exports, logs and statements which enable you to perform your own analysis.

6.6 All document templates are provided as-is, intended as a guide only, and are not guaranteed to be legally accurate. You should, where possible, use your own approved templates, or if using our templates get these approved by a suitably qualified legal professional. 

6.7 You understand that Curo Software Limited uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

6.8 You are responsible for keeping your account name and password secure and confidential. You are also responsible for any account that you have access to. You agree to notify us immediately of any unauthorised use of your account(s). We are not responsible for any losses due to stolen or hacked passwords.

6.9 You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.

6.10 Whilst Curo Software Limited intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

6.11 If for any reason Curo Software Limited has to interrupt the Service for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Website.

6.12 You must maintain copies of all Data inputted into the Service. Curo Software Limited adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Curo Software Limited expressly excludes liability for any loss of Data no matter how caused.

7. Indemnification and Limitation of Liability

7.1 You agree to indemnify and hold Curo Software Limited harmless from any and all demands, loss, liability, claims or expenses (including legal fees) made against us by any third party due to or arising out of or in connection with your use of our Service.

7.2 To the maximum extent permitted by law, Curo Software Limited provides the Service on an “as is” and “as available” basis, which means we do not provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Curo Software Limited will meet your expectations, and (v) any errors in the Service will be corrected.

7.3 To the maximum extent permitted by law, Curo Software Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Curo Software Limited has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

7.4 The failure of Curo Software Limited to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Curo Software Limited and govern your use of the Service, superseding any prior agreements between you and Curo Software Limited (including, but not limited to, any prior versions of the Terms of Service).

7.5 If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 3.

8. General Conditions

8.1 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Curo Software Limited, or any other Curo Software Limited service.

8.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Curo Software Limited.

8.3 We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

8.4 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Curo Software Limited customer, employee, member, or officer will result in immediate account termination.

8.5 You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8.6 You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. Furthermore, you must not transmit any worms or viruses or any code of a destructive nature.

8.7 These terms and conditions are governed by the laws of Northern Ireland.

8.8 Questions about the Terms of Service should be sent to support@tiltaffinity.com.