PeopleBunch Licence Agreement
Please read this EULA carefully before using any Product. You may want to retain a copy for your records. The defined terms set out in clause 1 below apply throughout this EULA. The first Acceptance (as that term is defined below) in relation to any Product creates a binding contract between PeopleBunch and the Client on the terms and conditions set out in this EULA.
Acceptance takes place on a Product by Product basis, and accordingly to the extent Acceptance occurs in relation to additional Product(s), this Agreement shall be deemed to be updated to also cover such additional Products.
On Acceptance, the Reader confirms that they are duly authorised on behalf of the Client to place an order for the applicable Product subject to the terms and conditions set out below. The Reader also warrants that the information submitted in signing up for any Product is correct and accurate to the best of their knowledge.
A: PROPERTY OF PEOPLEBUNCH
Following Acceptance, and subject to the payment of any Fees that are due, the Client may access and use the relevant Product through our server. The copyright, database rights and any other intellectual property rights in the programs and data which constitute the Product, are and remain the property of Breathe or its licensors.
B: LICENCE ACCEPTANCE PROCEDURE
The Client’s right to use any Products is subject to Acceptance having taken place in relation to that Product and payment of any Fees which are due in relation to the use of that Product.
On Acceptance you indicate agreement to this EULA and the limited warranty and limitation of liability set out in this EULA on behalf of the Client (as this term is defined below). In this EULA, ‘you’ includes both the Reader and any Client.
The Products are only available to clients located in the United Kingdom. If you are not located in the United Kingdom, you should not Accept this EULA or use any Product. You should therefore read this EULA carefully before Accepting.
1 DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context otherwise requires, the definitions and rules of interpretation in this clause shall apply.
“Account Data” means any data or information which is provided to PeopleBunch to enable the administration of the Client’s account, such as contact and billing information;
“Accept/Accepting/Acceptance” refers to (i) the completion of any action performed using the features on the Website that signifies the Client’s intention to acquire the right to utilize a Product. This could involve actions like checking a box on our sign-up form to confirm agreement with these terms, or clicking the ‘start using PeopleBunch’ option for a Product. Alternatively, it may entail (ii) the actual utilization of the Product.
“Agreement” or “EULA” denotes these terms of use, which are subject to potential amendments by PeopleBunch periodically, as outlined below.
“Applicable Law” pertains to the laws of the European Union and the UK Data Protection Legislation, along with any other relevant regulations that are applicable to PeopleBunch.
“PeopleBunch Technology” encompasses all technological aspects employed in delivering the Service. This includes software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical materials or information made available to the Client by PeopleBunch in facilitating the Service.
“Business Day” signifies a day excluding Saturdays, Sundays, and public holidays in England when banks in London are operational.
“Cancellation Period” designates the duration of 21 days commencing from the relevant Effective Date.
“Card Details” pertains to valid credit or debit card information supplied by the Client for the purpose of fee payment.
“Client” denotes the corporate entity or organization that initiates the order for the Service(s), as indicated during the sign-up procedure.
“Client Data” covers any data, information, or materials provided or submitted by the Client or Users through the use of the Service, or generated by the Service during its usage. This encompasses employee data stored within the Service, while excluding Account Data.
“Content” encompasses the documents, software, products, and services available to the Client during their use of the Service.
“Data Protection Legislation” includes any relevant laws concerning the processing of personal data and privacy, enforced periodically in the UK. This comprises laws such as the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (along with any regulations implementing Directive 2002/58/EC of the European Parliament), the GDPR, and any associated legislation or regulations that incorporate the GDPR within the United Kingdom.
“Defect” signifies an operational error within the Service that results in a substantial deviation from its documented functioning.
“Effective Date” corresponds to the date of Acceptance for a particular Product. It should be noted that each Product entitled for the Client’s use will possess its individual Effective Date.
“Fee(s)” encompasses any and all charges, fees, or payments required from the Client to PeopleBunch, as outlined in the current Pricing Plan effective at the time when payment becomes due.
“GDPR” refers to the General Data Protection Regulation ((EU) 2016/679) of the European Union.
“Intellectual Property Rights” refers to unpatented inventions, patents, patent applications, copyrights, design rights, trademarks, service marks, trade names, domain name rights, mask work rights, publicity rights, know-how, trade secret rights, database rights, semiconductor topography rights, and all other similar intellectual property rights and their derivatives worldwide.
“Licence Administrator(s)” pertains to Users authorized to oversee the Client’s utilization of the Service.
“Licence Term” signifies the duration during which the Client holds the license to use a Product under this Agreement.
“Period” denotes the chosen billing interval for each Product, which can be (i) one calendar month or (ii) one year. The start date of each such period corresponds to the day of the month (for (i)) or day of the year (for (ii)) on which the Client becomes liable to pay Fees for the Product. This date is recorded on the administration pages of the Website.
“Personal Data” holds the definition as outlined in the GDPR.
“Product(s)” denotes each online product or service created, managed, and/or maintained by PeopleBunch (and its licensors if applicable), accessible for use on the Website. This includes products like ‘Rota’ and ‘PeopleBunch HR,’ along with any other online products released by PeopleBunch periodically.
“Pricing Plan” designates the current fee schedule and billing conditions, viewable at breathehr.com. PeopleBunch reserves the right to update the Pricing Plan with a 30-day prior written notice, possibly leading to adjusted Fees or the introduction of new Fees.
“Reader” represents an individual purportedly authorized to enter into this Agreement on behalf of the Client or to add a Product to this Agreement.
“Service(s)” comprises the provision of (i) access to Products via the Website and (ii) any other products and services conveyed to the Client by PeopleBunch, as indicated by PeopleBunch under this Agreement.
“Trial Period” signifies a timeframe that permits the Client to utilize and evaluate a Product without incurring Fees, commencing from the applicable Effective Date. The duration is either specified or is 14 days from the applicable Effective Date if no specific duration is provided.
“User(s)” pertains to the Client’s employees, representatives, consultants, contractors, or agents authorized to use the Service and provided with user identifications and passwords by the Client or PeopleBunch upon the Client’s request.
“Website” refers to breathehr.com.
“Year” denotes each successive 12-month period beginning from the Agreement’s effective date and its anniversaries.
1.2 Heading of clauses shall not impact the interpretation of this Agreement. 1.3 The term “person” includes individuals, corporate bodies, or unincorporated entities, as well as their legal and personal representatives, successors, or authorized assignees. “Company” refers to companies, corporations, or other corporate bodies, regardless of incorporation or establishment. 1.4 Unless the context requires otherwise: (i) singular words include the plural form and vice versa, and (ii) references to one gender encompass other genders as well. 1.5 References to enactments or statutory provisions include subordinate legislation derived from the relevant enactment or statutory provision. It also refers to the enactment, statutory provision, or subordinate legislation as it may be periodically amended, consolidated, modified, re-enacted, or replaced. 1.6 “Clauses” refers to the sections of this Agreement. 1.7 The terms “including,” “include,” “for example,” “in particular,” and similar terms do not limit the broader effect of the preceding words.
2 TRIAL PERIOD AND DURATION
2.1 If indicated on the Website, PeopleBunch might offer access to a Product during a Trial Period, exempt from Fees (excluding other Products not under the Trial Period).
2.2 Following the Trial Period, applicable Fees become due for the specific Product. To continue usage, the Client must provide payment details as per clause 9.3; otherwise, access terminates as described in clause 12, “Termination Upon Expiration.”
2.3 If Card Details were provided to PeopleBunch or payment was authorized via direct debit, access to the Product continues as long as Fees are paid in compliance with this Agreement, unless terminated or expired.
3 DISCLOSURE
Regarding any Personal Data entered or collected by the Client and stored or processed in PeopleBunch software, such data will be managed in accordance with Data Protection Legislation. Due to the online nature of the Products, PeopleBunch may occasionally need to notify all Users about crucial announcements concerning Product(s) and Service(s) operation.
