Starting at £65 GBP per user per month The app is billed at annual frequency and in advance. At least, one system administrator account license is mandatory to purchase. One System Administrator account license per 50 Standard user account licenses are required.
R-CAP is for audit firms and internal audit teams who want audit software that is designed around the way they work. R-CAP enables full collaboration across the audit lifecycle with secure cloud based planning, fieldwork, reporting and issue tracking.
(a) any mobile application software published by us under the name “R-CAP™” (together the “Application”) hosted on the Salesforce AppExchange which is an online directory of on-demand applications that work with the Services located at https://appexchange.salesforce.com (the “AppExchange”) and utilising Force.com Platform Embedded Licence; and
(b) any of the services accessible through the Application from time to time (the “Services”).
1.2 The Application uses Google Drive in order to provide some of the Services. The terms of Google Drive located at https://www.google.co.uk/drive/ also apply to these Terms as applicable and are incorporated into these Terms by reference (the “Google Drive Terms”).
1.3 The Application has been developed using the Force.com platform and the terms and conditions of Force.com have been incorporated into these Terms by reference (the “Force.com Terms”).
1.4 R-CAP™ is published and operated by Tronix Software Solutions Ltd, a limited company incorporated and registered in England and Wales with company number 09339264 whose registered office is at Apartment 612, 122 East Ferry Road, London, E14 9ET (referred to as "we", “us” and “TRONIXSS”).
1.5 We license use of the Application to you on the basis of these Terms and subject to the Terms and any rules or policies applied by the AppExchange (the “AppExchange Rules”), the Google Drive Terms and the Force.com Terms. We remain the owners of the Application at all times.
1.6 These Terms will apply to your use of the Application. Please read these Terms carefully and make sure that you understand them, before using the Application. If you refuse to accept these Terms, you will not be able to use the Application.
1.7 You should print a copy of these Terms or save them to your computer for future reference.
2.1 These Terms apply to your use of the Application and your use of any of the Services, including any updates or supplements to the Application or any of the Services, unless they come with separate terms, in which case those terms apply.
2.2 We may change these Terms at any time by notifying you of a change when you next start the Application. The new terms may be displayed on-screen or may be sent to you by email and you may be required to read and accept them to continue your use of the Application and the Services.
2.3 From time to time updates to the Application may be issued through the AppExchange. Depending on the update, you may not be able to use the Application until you have downloaded the latest version of the Application and accepted any new terms.
2.4 The Application may be downloaded onto any operating system (Mac/Windows) and device type (desktop, laptop, tablet, smartphone) (the “Devices”). You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download the Application onto the Devices. You and they may be charged by your and their service providers for internet access and data charges incurred by using the Application on the Devices. You accept responsibility in accordance with these Terms for the use of the Application or any Service on or in relation to any Device to which you download the Application, whether or not it is owned by you.
2.6 By using the Application or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
2.7 The Application or any Service may contain links to other independent third-party websites (the “Third-party Sites”) including through the placement of advertisements on the Application. Third-party Sites are not under our control, and we are not responsible for and do not endorse their Content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.8 In order to access and use the Application and Services you acknowledge and agree that you will have to provide TRONIXSS and/or the AppExchange with your [name, company name, and email address].
3. Grant and scope of licence
3.2 You may download the Application onto Devices to view, use and display the Application on the Devices for commercial purposes only. You may not use the Application for your personal purposes.
3.3 You are not permitted to resell or charge others for use of or access to the Application and the Services, or in any other manner inconsistent with these Terms.
4.1 You are entitled to a free of charge trial period (the “Trial Period”) until the earlier of:
(a) the thirtieth day after your acceptance of these Terms; or
(b) the start date of your paid for subscription.
4.2 The maximum number of user licences available during the Trial Period is 5.
4.3 In order to continue to use the Application at the end of the Trial Period or earlier if you wish to cancel or not take part in the Trial Period but wish to still use the Application, you shall be required to pay a non-refundable annual subscription fee the amount of which will be set out on the AppExchange (the “Subscription Fee”). The Subscription Fee is payable annually in advance.
4.4 When you click to purchase the Application on the AppExchange you will be redirected to the our payment provider. You will be required to enter your bank account details or card details. Payment of the Subscription Fee shall be subject to the terms and conditions of our payment provider.
4.5 We do not have access to or store any payment details you provide when you pay the Subscription Fee via our payment provider.
5. Licence restrictions
5.1 Except as expressly set out in these Terms or as permitted by any local law, you agree:
(a) not to copy the Application;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application;
(c) not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing;
(e) not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application or any Service.
(together the “Licence Restrictions”).
6. Acceptable use restrictions
6.1 You must:
(a) not use the Application or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application, any Service or any operating system;
(b) not use the Application to harass, abuse, defame, threaten or defraud other users of the Application, or collect, attempt to collect, or store location or personal information about other users of the Application;
(c) not post, store, send, transmit, or disseminate any information or material which a reasonable person would find objectionable, defamatory, libellous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
(d) not use the Application for any non-commercial or private use;
(e) not impersonate any person or entity, falsely claim an affiliation with any person or entity;
(f) not infringe our intellectual property rights or those of any third party in relation to your use of the Application or any Service, including the submission of any material (to the extent that such use is not licensed by these Terms);
(g) not use the Application or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(h) not collect or harvest any information or data from the Application or any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,
(together the “Acceptable Use Restrictions”).
7. User Content
7.1 You hereby represent and warrant that in respect of any content including without limitation any textual content, comment, image or video (together “Content”) uploaded to the Application and/or transmitted to any user via the Application by you that:
(a) you have the right to publish such Content (whether by virtue of ownership of the intellectual property rights in such Content or as a result of the grant to you of a license to use and publish such Content);
(b) such Content:
(i) is not illegal in the UK or in any jurisdiction in which such Content might reasonably be expected to be viewed and does not promote any illegal activity;
(ii) does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
(iii) is not of a violent, offensive or obscene nature;
(iv) does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons; and
(v) is not likely to cause offence to any viewer of such Content.
7.2 Further you acknowledge and agree that we may be requested or required to provide information about the origin of any unlawful Content uploaded and/or the occurrence of any unlawful activity occurring on the Application to any police or judicial authority in any country in which such Content has been viewed and is illegal. You hereby irrevocably authorise us to provide such information to such persons (on request or in our discretion) without consulting or informing you. You acknowledge that we may provide such information even where we are not under a legal obligation to do so. In particular, we may not require the relevant police or judicial authority to secure a court order requiring such disclosure.
7.3 You acknowledge and agree that we shall have no obligation to store any Content on our servers after delivery of that Content to you.
7.4 You acknowledge that any Content uploaded to the Application by you during the Trial Period will be permanently lost unless on or before the end of the Trial Period you purchase a subscription to continue to use the Application.
7.5 You acknowledge that any Content uploaded to the Application cannot be deleted manually. In order to request that Content be deleted, please email firstname.lastname@example.org.
7.6 TRONIXSS does not sell or rent any Content uploaded by you to the Application to any third party.
Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information and Content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and Content at your own risk.
9. Intellectual property rights
9.1 You acknowledge that all intellectual property rights in the Application and the technology used or supported by the Application anywhere in the world belong to us or our licensors, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application or the technology used or supported by the Application other than the right to use each of them in accordance with these Terms.
9.2 You acknowledge that you have no right to have access to the Application in source-code form.
9.3 You acknowledge that all intellectual property rights in the Content uploaded by you belong to you and that you have all the necessary consents and requirements to use and/or upload such Content.
10. Limitation of liability
10.1 You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements.
10.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Application or the Services or any Content, whether express or implied.
10.4 We only provide our Application for commercial or business use. You agree not to use the Application for any domestic or private purposes.
10.5 We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity including in the event that you are unable to access or use the Application and/or the Services as a result of a system failure or other technical interruption.
10.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, hacking or other technologically harmful material that may infect your Devices, data or other proprietary material due to your use of the Application and/or the Services or to you downloading any Content through the Application or from any website linked to it.
10.7 We assume no responsibility for the content of any links to third parties on the Application. Such links should not be interpreted as endorsements by us of those third parties. We will not be liable for any loss or damage that may arise from your use of them.
10.8 We are not responsible for your involvement with other users of the Application and we are not responsible for any loss or damage incurred as a result of any such interactions. In particular we are not liable in the event that any person makes any unauthorised or unwelcome use of any Content transmitted by you through the Application.
10.9 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Application and/or the Services; or
(b) use of or reliance on any Content displayed on or transmitted through the Application.
10.10 We will not be liable for any third party claims in respect of any unauthorised use of Content by you.
11.1 You agree and undertake to indemnify us and to hold TRONIXSS Limited, its officers, directors, employees and agents, from and against any and all claims, damages obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees) arising from:
(a) your use of the Application and/or the Services;
(b) your violation of any of the terms herein, including without limitation any copyright, property, or privacy right;
(c) any claim that your use of the Application and/or the Services caused damage to a third party;
(d) any claims by a third party relating to unauthorised or unlawful use of any Content.
11.2 This condition 11 shall survive termination of these Terms.
12.1 We may terminate these Terms immediately by written notice to you without giving a reason. The following matters will result in termination of these Terms:
(a) if you commit a material or persistent breach of these Terms; or
(b) you act in a way that we reasonably believe is intended to unnecessarily utilise our resources; or
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or
(d) in the event that we decide to discontinue the Application and/or the Services or provision of the Application or a particular Service becomes unlawful.
12.2 For the avoidance of doubt, failure or delay in making payment of the Subscription Fees shall constitute a material breach of these Terms.
12.3 On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must immediately cease all activities authorised by these Terms, including your use of the Application and any Services; and
(c) you must immediately delete or remove the Application from all Devices, and immediately destroy all copies of the Application then in your possession, custody or control and certify to us that you have done so.
12.4 We reserve the right to (i) disable any user’s use of or access to the Application, or (ii) terminate any user’s account, for any reason and without notice.
12.5 We reserve the right to block any Device used by you to access the Application and/or the Services. We shall not be required to give a reason for blocking any Device. Further we shall have no obligation to unblock a Device where the Device owner claims that any breach of these Terms was by a previous owner or other user of the Device.
12.6 We may change or discontinue provision of the Application and/or the Services at any time without prior notice.
13. Communication between us
13.1 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Tronix Software Solutions Ltd of Apartment 612, 122 East Ferry Road, London, E14 9ET. We will confirm receipt of this by contacting you in writing, normally by e-mail.
13.2 If we have to contact you or give you notice in writing, we will do so using the e-mail provided to us when you signed up to use the Application.
14. Other important terms
14.1 These Terms constitute a contract between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.2 We may transfer or assign our rights and obligations under these Terms to another organisation, including without limitation in the event of a sale of the whole or a part of our business. Any such transfer or assignment will not affect your rights under these Terms save that they will be owed to the transferee or assignee.
14.3 You may only transfer your rights or obligations under these Terms to another person if we agree in writing in advance.
14.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and such waiver will not mean that we have waived or will automatically waive any later default by you.
14.5 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.6 Please note that these Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to decide any dispute in relation hereto.
14.7 You are deemed to have revocably agreed to these Terms at the earlier of the date that you downloaded the Application onto any Device or clicked the box on the sign up form to agree these Terms.