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BrappsCRM™ Platform - Terms of Use (Goxhill IT)

Effective Date: October 2025 (Last Updated: October 2025)

1. Introduction / The Agreement

1.1. These Terms and Conditions ("Terms") form a legally binding agreement between you, the user ("You", "Your"), and Brighter Applications Ltd (Company No 14776084). Goxhill IT (a local trading name of Brighter Applications Ltd), its proprietary software "Brapps™ CRM:Projects", "Brapps™Support", and any other software available to you in your user account area that is not your project, are collectively referred to in this agreement as "the Company," "We," "Us," or "Our."

1.2. By creating an account on the Goxhill IT website and using the BrappsCRM™ Platform, you agree to be bound by these Terms.

2. Definitions

Account: Refers to the secure user profile created upon registration that provides access to the Platform and related services via the Goxhill IT website.
User: The individual who registers for an Account and agrees to these Terms.
Owner: The User who creates an Account. The Owner holds ultimate legal and financial responsibility for all activity, payments, and projects initiated under that Account via the Platform, regardless of whether tasks are delegated to other individuals.
Individual Account: An Account created by a User for their own personal or sole trader projects managed through the Platform. For these accounts, the User is the Owner.
Business Account: An Account created by an Owner to represent a formal business entity, organisation, or team using the Platform.
Authorised User: Any individual invited by an Owner to access a Business Account (e.g., Admin, Accounts, Staff). While Authorised Users may be granted specific permissions within the Platform, the Owner remains ultimately responsible for their actions.
Platform: Refers collectively to the BrappsCRM™, BrappsCRM:Projects™, Brapps™Support software and any associated tools or services made available through the Goxhill IT user account area.

3. Account Creation & Security

3.1. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions.

3.3. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of your Account.

4. License Grant

4.1. Subject to your compliance with these Terms, Brighter Applications Ltd grants You a limited, non-exclusive, non-transferable, non sub-licensable license to access and use the Platform via the Goxhill IT website solely for the purpose of managing projects, communications, and billing related to services purchased from Goxhill IT / Brighter Applications Ltd.

5. Intellectual Property Rights (Platform)

5.1. Our software platforms, including but not limited to BrappsCRM™, BrappsCRM:Projects™, Brapps:shop™, Fleetdom™, and any future proprietary software ("Our Software") accessed via the Goxhill IT website, are provided as a Software-as-a-Service (SaaS).

5.2. Ownership: Brighter Applications Ltd retains full and exclusive ownership of all intellectual property rights, including copyright, trademarks, and trade secrets, to Our Software, its underlying code, structure, features, user interface, documentation, and any pre-existing code, libraries, or tools used within it.

5.3. License Scope: The license granted in Section 4 permits You to use the Platform as intended. You do not acquire any ownership rights to Our Software or its code through Your use or subscription.

5.4. Customizations: Any customisations or modifications made by Us to Our Software for Your specific use remain the intellectual property of Brighter Applications Ltd.

5.5. Restrictions: You agree not to copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the source code of the Platform or its components.

5.6. (Note: Intellectual property rights for specific project deliverables created for You, such as bespoke website code, are addressed in the separate General Terms of Service).

6. Acceptable Use Policy

6.1. Permitted Uses: You may use the Platform solely for lawful purposes related to managing projects, communications, billing, and accessing support concerning services provided by Goxhill IT / Brighter Applications Ltd.

6.2. Prohibited Uses: You agree not to use the Platform, nor allow Your Authorised Users to use the Platform, for any of the following:

In any way that violates any applicable local, national, or international law or regulation, including but not limited to laws regarding online safety, data protection, and age verification requirements for regulated content in the UK.
For any purpose that is fraudulent, unlawful, harmful, or promotes illegal activities.
To host, transmit, store, display, distribute, or link to any material that is:
- Pornographic, sexually explicit, obscene, or indecent.
- Related to gambling, betting, lotteries, or games of chance unless fully licensed and compliant with all applicable UK laws and regulations (and subject to Our prior written approval, which may be withheld).
- Harmful to minors in any way.
- Defamatory, libellous, threatening, harassing, abusive, hateful, or racially or ethnically offensive.
- Infringing on the intellectual property rights, privacy rights, or other rights of any third party.
- Considered restricted, dangerous, or illegal under UK law or the terms of service of our infrastructure providers (e.g., AWS Acceptable Use Policy).
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
In any way that could place an unreasonable load on Our infrastructure or negatively impact the availability of the Platform for other users.
To attempt to circumvent any security features of the Platform.

6.3. Compliance and Enforcement: We reserve the right, but do not assume the obligation, to monitor User Content and usage of the Platform for compliance with this Acceptable Use Policy and applicable law. We may remove any content, suspend access, or terminate Your Account without notice if we determine, in our sole discretion, that You have violated these terms. You acknowledge that our infrastructure providers (e.g., AWS) and payment processors also have acceptable use policies that must be adhered to.

7. User Content

7.1. Definition: "User Content" means any and all information, data, text, documents, images, logos, videos, code, databases, or other materials that You or Your Authorised Users upload, submit, post, display, provide access to, or otherwise transmit via the Platform in connection with Your use of the services provided by Goxhill IT / Brighter Applications Ltd.

7.2. Ownership: You (or your licensors) retain ownership of all intellectual property rights in Your User Content. We do not claim any ownership rights over Your User Content.

7.3. License Grant to Us: By uploading or transmitting User Content via the Platform, You grant Brighter Applications Ltd a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (e.g., for formatting or optimisation), display, and distribute Your User Content solely for the limited purposes of:

Operating, providing, securing, and improving the Platform and the related services We provide to You under the General Terms of Service;
Our internal business purposes, including marketing and advertising Our services. This may involve showcasing anonymized or aggregated data derived from User Content, or displaying specific elements of Your User Content (such as logos, screenshots of non-confidential interfaces, or design elements) in Our portfolio, case studies, website, or other marketing materials, unless otherwise explicitly agreed upon in writing between You and Us.

7.4. Your Responsibilities and Warranties:

a) You are solely responsible for Your User Content and the consequences of uploading, transmitting, or providing access to it.
b) You represent and warrant that You own or have the necessary licenses, rights, consents, and permissions to upload, use, provide access to, and authorise Us to use Your User Content (including all data within any provided databases) in the manner contemplated by these Terms and the Platform's functionality.
c) You guarantee that Your User Content does not infringe upon, misappropriate, or violate any third party's intellectual property rights (including copyright, trademark, patent rights, database rights), rights of privacy or publicity, or any applicable law or regulation (including data protection laws like GDPR regarding data within databases).

7.5. Indemnity: You agree to indemnify and hold harmless Brighter Applications Ltd, Goxhill IT, and their directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from: (i) Your use of and access to the Platform; (ii) Your violation of any term of these Terms; (iii) Your violation of any third-party right, including without limitation any copyright, property, privacy right, or data protection regulation, related to Your User Content (including data within databases); or (iv) any claim that Your User Content caused damage to a third party. Brighter Applications Ltd and its representatives are not liable for any breach pertaining to the rights of the content You upload or provide.

8. Platform Availability & Maintenance

8.1. We will use commercially reasonable efforts to make the Platform available to You. However, You acknowledge that the Platform may be temporarily unavailable from time to time due to scheduled maintenance, emergency maintenance, or unforeseen technical issues (such as hardware failure, network problems, or third-party service interruptions).

8.2. We will endeavour to provide reasonable advance notice of any scheduled maintenance that is expected to result in significant downtime, typically via notification within the Platform dashboard or by email.

8.3. Except as may be expressly provided in a separate Service Level Agreement (SLA) between You and Us (if applicable), the Platform is provided on an "as is" and "as available" basis. We do not warrant that access to the Platform will be uninterrupted, error-free, or completely secure.

9. Account Management

9.1. Account Deletion/User De-Registration

If there are no active projects or accepted quotes pertaining to a user, or account that user is the owner of and no outstanding bills for the same, a user has the option to close that account, and/or deregister their user, pursuant to data protection laws. While active projects, or accepted quotes, or outstanding bills exist, for any user, or account that the user is an owner of, the ability to close an account and/or deregister a user, will be unavailable and Brighter Applications Ltd withholds the right to retain all user and account details pursuant to a debt, for whatever period required in order to collect repayment of that debt. This does not affect, or override the users statutory rights.

If a user has an open quote, which is not yet accepted, we will warn you before account deletion/user de-registration, that the project quote you started, will be lost. Account deletion/User de-registration, is a permanent action and cannot be undone, reversed, or recovered, in line with the GDPR rules on account deletion and user de-registration. In order to start the project again, the user would be required to create a brand new user account, brand new business (if applicable) and enter all project details again from scratch, as Brighter Applications Ltd will not have access to the original data, to resurrect the account, or the project.

9.2. Transfer of Ownership

There is an option to transfer ownership of the account, to an existing user of the Goxhill.IT site. That user will assume all legal liability for ongoing payment of outstanding bills. Where there are current projects, bills or ongoing recurring bills, the new owner of the account will legally accept full liability, to clear all outstanding debts at the point of transfer and agree to continue any active project under the terms they began, and take over any ongoing recurring billing. While you can make the request for transfer, your liability will not end until all terms are met and agreed by the new owner and Brighter Applications Ltd.

In the case that you hold multiple business accounts with us, you have the ability to transfer a project, or agreement to another account you are the owner of. You need to contact us directly to arrange this.

9.3. Individual to Business Account

If a person has joined as an individual and activated any project, and decides to open a business account to compartmentalise the project into that business... They can do so, even if the business details are different from the user account, the user MUST explicitly agree that the project and all associated billing activity connected to it, is accepted as the owner of that new business.

10. Termination

10.1. Termination by Us (Brighter Applications Ltd): We may suspend or terminate Your access to the Platform and Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Specific reasons for termination may include, but are not limited to:

a) Any material breach of these Terms of Use or the Acceptable Use Policy.
b) Failure to make timely payments for any associated services purchased through the Platform governed by the Brighter Applications Ltd General Terms of Service (if applicable and resulting in account suspension impacting Platform access).
c) Engaging in fraudulent, illegal, or harmful activities via the Platform.
d) Extended periods of inactivity (e.g., 12 months or more), subject to prior notification where feasible.
e) If required by law or requested by law enforcement or government agencies.

10.2. Termination by You (User): You may terminate Your agreement to these Terms by closing Your Account and ceasing to use the Platform, subject to the conditions outlined in Section 9.1 ("Account Deletion/User De-Registration").

10.3. Consequences of Termination: Upon termination of Your Account for any reason:

a) Your license to access and use the Platform will immediately cease.
b) You will lose access to all data, projects, communications, and billing information stored within Your Account on the Platform.
c) We reserve the right to delete Your Account data in accordance with Our data retention policies as outlined in the Goxhill IT Privacy & Cookie Policy. Data may be retained for longer periods where required for legal, regulatory, or financial record-keeping purposes (e.g., retaining invoice data for 7 years).
d) Termination of Your Platform Account does not automatically terminate any separate ongoing service contracts governed by the Brighter Applications Ltd General Terms of Service, nor does it relieve You of any outstanding payment obligations for services already rendered or agreed upon.

11. Disclaimers & Limitation of Liability

11.1. Disclaimer of Warranties: THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BRIGHTER APPLICATIONS LTD DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

11.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIGHTER APPLICATIONS LTD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS 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:

a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM;
b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM;
c) ANY CONTENT OBTAINED FROM THE PLATFORM;
d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT STORED WITHIN THE PLATFORM; OR
e) ANY OTHER MATTER RELATING TO THE PLATFORM,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11.3. Liability Cap: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF BRIGHTER APPLICATIONS LTD AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS ARISING OUT OF OR IN CONNECTION WITH THESE PLATFORM TERMS OF USE OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED £1 GBP

11.4. Exclusions: NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

a) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
b) FRAUD OR FRAUDULENT MISREPRESENTATION; OR
c) ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT LIABILITY.

12. Reference to Other Policies

12.1. Purchasing specific services (e.g., Websites, Migrations, Parking) through this Platform is governed by the separate Brighter Applications Ltd - General Terms of Service.

12.2. All personal data collected and processed through the Platform is governed by the Goxhill IT Privacy & Cookie Policy (linked to in the footer throughout the main website).

13. Changes to Terms

13.1. Brighter Applications Ltd reserves the right to modify these Platform Terms of Use at any time. We will notify You of significant changes via your Platform dashboard or the email address associated with your Account. Continued use of the Platform after such modifications constitutes your acceptance of the revised Terms.

13.2. Last Updated: October 2025

14. Governing Law

14.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact Information

15.1. For questions or issues specifically related to the BrappsCRM™ Platform functionality or these Terms of Use, please contact us via the Goxhill IT website contact form, or write to:

Brighter Applications Ltd, Goxhill IT
Arkle House, Chapel Street
Goxhill, Barrow-Upon-Humber
North Lincolnshire DN19 7JJ
United Kingdom

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Brighter Applications Ltd (also trading as Goxhill IT) - General Terms of Service

1. Introduction / The Agreement

2. Definitions

3. Quotations & Orders

4. Service Specific Terms

5. Domain Name Services

6. Payment Terms

7. Cancellation Rights & Waivers (Distance Selling)

8. Intellectual Property (Deliverables)

9. Client Responsibilities

10. Acceptable Use Policy (Services & Hosted Content)

11. Warranties, Disclaimers & Professional Standards

12. Limitation of Liability

13. Termination (Service Agreements)

14. Privacy Policy

15. Changes to Terms

16. Governing Law

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BrappsCRM™ Platform - Terms of Use (Goxhill IT)

1. Introduction / The Agreement

2. Definitions

3. Account Creation & Security

4. License Grant

5. Intellectual Property Rights (Platform)

6. Acceptable Use Policy

7. User Content

8. Platform Availability & Maintenance

9. Account Management

9.1. Account Deletion/User De-Registration

9.2. Transfer of Ownership

9.3. Individual to Business Account

10. Termination

11. Disclaimers & Limitation of Liability

12. Reference to Other Policies

13. Changes to Terms

14. Governing Law

15. Contact Information

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