Terms of Service. The terms for using SUMS.

SUMS is operated by Saif Patel, a sole trader trading as SUMS, of 11 Fairway, Preston, PR1 0EJ, United Kingdom. In these Terms, “SUMS”, “we”, “us” and “our” mean Saif Patel trading as SUMS. Legal, support and service enquiries can be sent to support@my-sums.com.

These Terms cover the SUMS website at my-sums.com, the SUMS web application, SUMS iOS and Android applications, including companion applications for particular workflows, and associated services, enabled modules, interfaces and integrations that we provide together as the “Services”. The same Terms apply across those channels, subject to the app-store licensing provisions in section 23.

SUMS is a subscription service for organisations managing hospitality operations. It provides tools through which businesses, management teams and employees can access and manage authorised information. The Services are supplied for business purposes. An employee using an employer’s account does not become the purchaser of the Subscription simply by using SUMS.

These Terms distinguish the Customer’s contractual responsibilities from an Authorised User’s responsibilities when accessing the Services. Nothing in these Terms removes statutory rights, employment rights, individual data protection rights or other rights that cannot lawfully be excluded.

“Customer” means the organisation or other business person that contracts with SUMS for a Subscription. A Customer may operate one or more organisations, brands or sites within the access arrangements agreed with SUMS.

“Authorised User” means an employee, worker, manager, contractor or other individual permitted by the Customer and SUMS to access the relevant Services. “You” means the Customer when a provision concerns the purchase or administration of Services, and the individual Authorised User when a provision concerns their own use. References expressly to the Customer do not impose its payment obligations on individual employees.

“Administrator” means an Authorised User whom the Customer has permitted to manage specified accounts, organisation or site settings, permissions or records. Administrator status does not by itself confer authority to enter into or change the Customer’s commercial agreement.

“Subscription” means the Customer’s agreed entitlement to access specified Services for the agreed period, subject to the relevant payment and access arrangements.

“Customer Agreement” means a signed or otherwise validly agreed subscription or services agreement, order form, statement of work, service level agreement and any other written terms expressly incorporated into the Customer’s contract with SUMS.

“Customer Data” means information, content, records, documents, images and other material supplied by or for the Customer or its Authorised Users, obtained through its authorised integrations, or generated as customer-specific operational records through its use of the Services. This includes employment records where applicable. Personal data remains subject to the rights of the individuals concerned.

“Data Processing Agreement” or “DPA” means the applicable agreement specifying how SUMS processes personal data on behalf of the Customer, including its processing instructions and the protections required by applicable data protection law.

The Customer’s purchase of Services must be agreed by a person with authority to bind it. Creating an individual account, downloading an application, receiving an invitation or signing in does not by itself place an order on behalf of an employer or grant access to an organisation’s records.

An Authorised User must use the Services in accordance with these Terms where they have been validly made applicable to that use, the Customer’s lawful instructions and the permissions assigned to the account. An employee is not a personal guarantor of the Customer’s debts and is not responsible for paying the Customer’s subscription fees solely because they use or administer SUMS.

These Terms do not automatically replace, amend or terminate an existing Customer Agreement. A change to a Customer Agreement must follow its own valid variation procedure. Where these Terms have been incorporated into the Customer’s contract, expressly agreed customer-specific provisions prevail over conflicting general provisions here. The DPA governs the processing of personal data on the Customer’s behalf, subject to its agreed order of precedence. The Privacy Policy explains personal data handling; it is not a substitute for the DPA.

A new Customer Agreement is made when SUMS and a person with authority to bind the Customer both sign a written contract. The signed contract, any order form or schedule it includes, the data processing terms described in section 12.3 and these Terms together form the Customer Agreement. If they conflict, the signed contract takes priority, then the data processing terms for anything concerning personal data, then these Terms. Agreements already signed with existing Customers continue on their own terms.

Depending on the Customer’s Subscription and configuration, SUMS can support sales and performance reporting; workforce, HR, recruitment, rotas, attendance, timesheets and pay-related administration; documents and operating procedures; audits, checklists, incidents and follow-up actions; inventory, purchasing and distribution workflows; assets; menus and costing; financial and operational reporting; and authorised integrations and intelligence features.

This description is a description of the platform’s scope, not a commitment to provide every module, integration, report or workflow to every Customer or on every device. Entitlement depends on the Customer Agreement, enabled functionality, organisation and site access, permissions, supported devices and the availability of relevant third-party systems. Proposed or unreleased features are not included unless expressly agreed.

Mobile applications are companions to the main SUMS platform. They require an authorised SUMS account associated with a Customer with the appropriate Subscription and access rights. Installing an application does not grant a Subscription or permission to view another organisation’s information.

Implementation, migration, bespoke development, training, enhanced support and integration work are included only to the extent agreed with the Customer. Any specific delivery milestones or acceptance arrangements must be recorded in the Customer Agreement.

Customer Subscriptions must be entered into by a business person with legal capacity and appropriate authority. The Services are intended for organisational operations and authorised work-related use.

Employees under 18 may use SUMS where lawfully authorised by their organisation. There is no general requirement for an employee to be 18 to access their authorised employment information. The Customer must consider applicable employment and safeguarding requirements, provide appropriate information and supervision, and assign permissions suitable for the individual’s role and age.

An under-18 employee does not assume the Customer’s subscription payment obligations or acquire authority to contract on its behalf by using SUMS. Their data protection and employment rights continue to apply. These Terms do not make parental consent the general legal basis for handling employment records.

Accounts may be created or provisioned through the routes made available by SUMS and the Customer. Creating an account does not automatically establish membership of an organisation or site. Access to organisational information requires the appropriate active membership and permissions.

Give accurate information, keep contact details current, and use only accounts assigned to you. Do not share passwords, security codes, personal access tokens or other authentication credentials. Use available security controls and protect devices against unauthorised access.

Where a mobile application supports a local PIN or device biometric unlock, keep the device and PIN secure. A device unlock mechanism does not authorise another person to use your SUMS account.

Tell the Customer’s Administrator promptly about suspected unauthorised access, a lost device or compromised credentials. Contact support@my-sums.com where SUMS assistance is required. Do not continue using a suspected compromised account without appropriate steps to secure it.

Administrators must assign access only within their authority and review it when responsibilities change. The Customer must promptly remove or adjust organisation, site, role and integration access when employment or authorisation ends. A person’s access to one organisation does not permit access to another.

Account records and audit histories may identify the account used for an action. A record of account use is not conclusive proof that a particular individual carried out an action where there is evidence of compromise or error; suspected errors should be investigated fairly.

The Customer is responsible for the charges expressly agreed in its Customer Agreement. Employees and other Authorised Users do not have to purchase individual subscriptions merely to access the Customer’s authorised SUMS account.

The agreed order or Customer Agreement must specify the purchased modules and services, any relevant site or user limits, subscription period, charging basis, currency, taxes, invoice frequency, payment method and payment due dates. Public descriptions of plans do not override a customer-specific agreement or establish an unagreed price.

Unless a signed Customer Agreement says otherwise, the standard commercial terms for new Customers are:

1. (a)Fees: the monthly rates for the packages and modules in the Customer Agreement, charged per site, distribution centre or organisation as it states. SUMS is not currently registered for VAT, so no VAT is added. If SUMS registers for VAT, VAT will be added at the applicable rate from the date of registration, and SUMS will tell Customers in advance.
2. (b)New customer offer: where the Customer Agreement includes it, 50% off the standard rates for the first three months, with the standard rates applying after that.
3. (c)Invoicing and payment: SUMS invoices monthly in advance, and each invoice is due within 30 days of its date.
4. (d)Term and cancellation: the Subscription runs month to month, with no minimum term, until either party gives 30 days’ written notice to end it.
5. (e)Price changes: SUMS gives at least 90 days’ written notice of any increase to its rates.
6. (f)Refunds: fees already paid for a billing period are not normally refunded if the Subscription ends part-way through it, but SUMS may agree a refund or credit in a particular case.
7. (g)Set-up: there is no set-up or onboarding fee, and onboarding and training are included. Other work, such as bespoke development, is charged only if agreed in writing beforehand.

Existing Customers keep the arrangements they have validly agreed.

Renewal, cancellation, expiry and any change in Subscription take effect in accordance with the Customer Agreement and section 7.3. These Terms do not create an early termination charge or a right to increase an agreed price during a committed term.

Any trial or evaluation must be subject to the scope, duration, restrictions and conversion arrangements expressly communicated and agreed for that trial. A demonstration or evaluation does not by itself authorise an undisclosed paid renewal.

Refunds, credits and any continuing payment obligations are determined by the Customer Agreement and applicable law. Nothing in these Terms imposes a blanket no-refund policy or excludes mandatory statutory rights. Raise a genuine invoice dispute promptly with SUMS so that it can be investigated.

Removing an employee, logging out, deleting an individual account or uninstalling an application does not itself cancel the Customer’s Subscription. Subscription changes must be requested through an authorised Customer representative using the agreed contractual process.

The Customer is responsible for deciding who may use its Services, the roles they hold, the sites and records they may access, the modules it enables and the business processes it operates through SUMS. It must ensure its instructions and use are lawful.

The Customer must provide accurate configuration and source information, check imported and generated records, correct material errors, and maintain appropriate internal approval and review processes. It should take particular care with pay rates, contracts, absence, working time, tax assumptions, recruitment and performance records, compliance rules, stock units and financial inputs.

The Customer must have the rights and lawful authority needed to provide Customer Data, connect external systems and instruct SUMS to process it. It must provide required privacy information to staff and others, identify appropriate legal bases, and apply the additional conditions required for special category and criminal offence data where relevant. Employee consent is not a blanket replacement for those obligations.

The Customer must limit personal information to what is necessary, restrict sensitive records to appropriate personnel, manage its retention obligations, and cooperate in handling individual rights requests and security incidents. It must not use SUMS to evade employment, equality, health and safety, food safety, financial or other applicable legal obligations.

Authorised Users must follow their organisation’s lawful policies, use the correct organisation and site, record information honestly and accurately, and report mistakes through the relevant correction process. Users must not falsify working time, audit evidence, incident details, expenses, stock, sales, performance records or other business information.

SUMS provides recording, calculation, reporting and workflow tools. The Customer remains responsible for its business, employment, payroll, safety and regulatory decisions and for obtaining appropriate professional advice when needed. SUMS is not the employer of the Customer’s staff by providing these tools.

Rotas, forecasts, scores, pay-related calculations, incident screening, alerts, templates and reports depend on the supplied information, configured rules, third-party data and relevant limitations. They do not certify legal compliance or replace required assessments, inspections, payroll checks, statutory reporting or professional judgement.

The Customer must review material outputs before acting on them, including decisions affecting an individual’s recruitment, pay, hours, absence, performance, promotion or employment. An output or recommendation must not be treated as a sufficient reason for an adverse decision without the review, safeguards and legal basis required for that decision.

Serious or imminent risks must be addressed through the Customer’s immediate safety and escalation procedures. Do not wait for a notification, checklist, follow-up task or support response before taking necessary action. SUMS is not an emergency service.

These responsibilities do not excuse SUMS from its own contractual obligations or responsibility for defects or failures for which it is legally liable.

You must not use the Services unlawfully, fraudulently or abusively, or in a way that infringes another person’s rights. In particular, you must not:

1. (a)access, attempt to access or disclose another organisation’s or person’s information without authority;
2. (b)bypass permissions, impersonate another user, misuse credentials or evade security controls;
3. (c)introduce malware, conduct unauthorised security testing or interfere with the Services or other users;
4. (d)upload unlawful, threatening, discriminatory, exploitative, knowingly misleading or infringing material;
5. (e)misuse exports, automated tools or APIs to extract information beyond your authority or materially disrupt the Services;
6. (f)copy, sell, sublicense or commercially exploit the Services themselves beyond the rights expressly granted; or
7. (g)reverse engineer, decompile or modify the software except to the extent permitted by applicable law or a relevant open-source licence.

Authorised exports and approved integrations remain permitted within the Customer’s access rights and agreement. If you discover a security vulnerability, report it privately to support@my-sums.com and avoid unnecessary access to personal or confidential information.

The Customer or the relevant rights holder retains its rights in Customer Data. SUMS does not acquire ownership of employment records, personal information, audit evidence or other Customer Data merely because it is stored or processed through the Services.

The Customer grants SUMS the limited rights necessary to host, copy, transmit, organise, process and display Customer Data to provide, secure and support the agreed Services and carry out lawful instructions under the Customer Agreement and DPA. This is not an unrestricted right to publish, sell or reuse confidential Customer Data.

Only upload relevant and authorised documents, images and evidence. Avoid capturing unnecessary faces, personal documents, health information, payment information or other confidential material. A device permission to use a camera or select a file does not itself establish a lawful basis for recording or sharing another person’s information.

Customer-specific reports and operational records remain subject to the Customer’s rights and the rights of the underlying data owners. The SUMS software, reusable report structures and general tools used to create them remain subject to section 14.

The SUMS Privacy Policy covers the website, web application and iOS and Android applications. It explains the personal data handled through the Services, the roles of SUMS and Customer organisations, rights and relevant contacts. The Customer must also provide its own applicable employee and other privacy information.

The Customer will generally be the controller of the employee and operational personal data it determines to process through SUMS. SUMS generally processes that information on its behalf as a processor. SUMS acts as an independent controller where it determines the purposes and means of its own business processing, such as managing customer relationships, enquiries and relevant security or legal records, as explained in the Privacy Policy.

Processing on behalf of a Customer must be governed by an appropriate DPA meeting applicable requirements. These public Terms and the Privacy Policy alone do not replace the required controller–processor agreement. Each signed Customer Agreement includes the data processing terms that apply to that Customer. SUMS’s current subprocessors are listed in section 8.2 of the Privacy Policy, and SUMS will tell Customers before adding or replacing one.

Employment data requests should normally be directed to the relevant Customer as controller. SUMS will handle requests concerning its own controller processing and support Customer-controlled requests in accordance with applicable law and the DPA. An employee’s access ending does not authorise SUMS to destroy employer-controlled records contrary to lawful instructions or retention requirements.

Nothing in these Terms requires consent to unnecessary tracking or optional marketing, waives individual privacy rights, or authorises unlawful use of personal information.

Each party must protect the other’s non-public business, technical and operational information received through the relationship and use it only for the agreed Services, lawful administration of the relationship or another expressly authorised purpose.

Confidential information may be disclosed to personnel, professional advisers and service providers who need it for those purposes and are subject to appropriate confidentiality obligations, or where disclosure is required by law. Where lawful and practicable, the disclosing party should notify the other before a compelled disclosure and limit it to what is required.

This obligation does not cover information that is lawfully public, independently developed without use of the confidential information, already lawfully held without restriction, or lawfully received from another source without confidentiality restrictions. Personal data remains subject to applicable data protection law regardless of these exceptions.

Authorised Users must keep the Customer’s information confidential and share it only with permitted recipients. Confidentiality does not prevent protected disclosures, lawful reports to regulators or the exercise of statutory rights.

SUMS and its licensors retain ownership of the software, platform design, underlying technology, documentation, branding and other intellectual property in the Services, except for Customer Data and materials belonging to others.

Subject to the Customer’s Subscription and the applicable agreement, the Customer and its Authorised Users receive a limited permission to access and use the relevant Services for the Customer’s authorised business activities. Software applications are licensed for permitted use, rather than sold. App-specific licensing rules are addressed in section 23.

You must not remove ownership notices, redistribute SUMS software or documentation, or use SUMS names, logos or trade marks in a way that suggests an endorsement or affiliation without permission. Rights required by applicable law and relevant open-source licences are preserved.

Providing feedback does not transfer ownership of Customer Data or confidential information to SUMS. Any separate rights in commissioned developments, bespoke deliverables or licensing of feedback must be agreed expressly where needed.

The Services may connect to systems selected or authorised by the Customer, such as sales, workforce, accounting, supplier, review and other operational systems. Their availability depends on the integration and the permissions, credentials and service access that the Customer supplies or authorises.

The Customer must be entitled to connect those systems, disclose the relevant information and comply with their applicable terms. It must keep credentials secure, check the scope of access requested, review imported data and revoke access when no longer authorised.

A connection may read information or, where expressly supported and authorised, create or update records. The Customer must check the scope of each connection rather than assume all integrations are read-only. Disabling a connection does not necessarily remove information already lawfully imported or received by the other system.

Certain configured business workflows, including distribution or purchasing relationships, can share relevant orders, invoices or other permitted information between participating organisations. Such sharing must be authorised for the relationship; it does not confer general access to another Customer’s records.

External providers operate under their own applicable terms and privacy arrangements. SUMS is not responsible for an independent external provider’s services or source-data accuracy merely because an integration is available. This does not remove SUMS’s responsibility for the parts of an integration it supplies, its chosen subprocessors or its obligations under the Customer Agreement, DPA and applicable law.

Third-party systems may change or withdraw interfaces. SUMS may need to modify or suspend an affected integration, subject to the Customer Agreement and reasonable communication of material effects.

Where enabled and authorised, intelligence features may use automated calculations, optimisation tools, reporting models or external AI services. Not every automated calculation is AI. The Privacy Policy explains relevant personal data processing; applicable customer-specific processing arrangements must also be followed.

Users must consider what information they send to an AI-enabled tool or external assistant, have authority to share it, and avoid unnecessary confidential or sensitive data. Authorising an external AI connection may permit information to leave SUMS and be handled under that provider’s terms and privacy practices.

AI-generated explanations, summaries and recommendations can be incomplete, inaccurate or inappropriate. Check outputs against source records and obtain human review before material decisions or record changes. Authorise any supported write actions only within the relevant user’s authority and review their effect.

These Terms do not grant a general permission to use Customer Data for training external AI models. Any such use requires an independently established lawful and contractual basis and appropriate disclosures. They do not promise a particular provider’s retention or training practices where those depend on the agreed service and configuration.

We will use reasonable care and skill in providing the Services. They may be interrupted by maintenance, security work, technical failures, connectivity problems or events outside the parties’ reasonable control. We do not promise uninterrupted or error-free operation.

Specific availability targets, support hours, response times, recovery commitments and service credits apply only where expressly included in the Customer Agreement. No numerical uptime guarantee or universal support response deadline is created by these Terms.

We may maintain, correct and update the Services. Material changes affecting the scope of a committed Subscription must be handled in accordance with the Customer Agreement. This section does not authorise arbitrary removal of contracted core functionality without regard to the Customer’s agreed rights and remedies.

Keep supported applications and devices reasonably up to date. Some features require connectivity or particular permissions. Where a workflow supports drafts or offline work, confirm that material records and evidence have synchronised successfully before relying on their availability to others. Not every feature is available offline.

The Customer should maintain reasonable continuity procedures for urgent operations and use available exports appropriately. This does not transfer SUMS’s own agreed backup, security or restoration responsibilities to the Customer.

SUMS may restrict access to the extent reasonably necessary to address a credible security risk, suspected unlawful use, unauthorised access, serious misuse or a legal requirement, or as permitted under the Customer Agreement. Restrictions should be proportionate to the issue and their scope and duration reviewed.

Where lawful and practicable, SUMS will notify an appropriate Customer representative of a material restriction and the steps needed to address it. Immediate action may be needed where notice would increase harm, compromise an investigation or breach the law.

Suspension for non-payment or contractual breach must follow the applicable Customer Agreement and its notice and remedy requirements. Unless the Customer Agreement says otherwise: if an invoice is overdue, SUMS will send a reminder and may suspend access if it is still unpaid 14 days after the reminder, and access is restored promptly once the overdue amount is paid. If either party commits a material breach and does not put it right within 30 days of written notice, the other may end the Customer Agreement by written notice. Restrictions for security reasons follow section 18.1.

The Customer may remove or restrict an individual’s access within its authority. Ending an employee’s access is distinct from suspending the organisation’s Subscription and does not automatically delete business records. An individual with a disputed employment matter should contact the employer through the appropriate channel.

The parties should cooperate reasonably in investigating and containing a security incident. Personal data breach responsibilities, notifications and assistance are governed by applicable law and the DPA. These Terms do not authorise either party to conceal a reportable incident.

Neither party excludes or limits liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Nothing limits an individual’s mandatory statutory rights or a regulator’s powers.

Subject to section 19.1 and the applicable Customer Agreement, SUMS does not guarantee that every output will be accurate or that the Services will achieve a particular commercial, employment, financial or compliance result. The reasonable care and skill obligation in section 17.1 and any expressly agreed service commitments remain applicable.

Section 19.4 sets out the standard limits of liability. A Customer Agreement may set different limits, and any limit must satisfy applicable legal requirements, including reasonableness where relevant. These Terms create no indemnity. A software licence’s standard disclaimer or liability cap does not amend the express service commitments or liability arrangements in a Customer Agreement merely because the Customer’s staff use an app.

Subject to section 19.1, and unless a Customer Agreement says otherwise:

1. (a)SUMS’s total liability to a Customer for all claims arising in any 12-month period is limited to the fees that Customer paid in the 12 months before the event giving rise to the claim.
2. (b)Neither party is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill.
3. (c)These limits apply to all claims, including claims about data protection and confidentiality, but not to the Customer’s obligation to pay fees properly due or to any liability that cannot lawfully be limited.

A duty to review information, protect credentials or maintain continuity procedures does not by itself remove SUMS’s liability for its own legally actionable failure. Equally, SUMS does not take responsibility for independent decisions or unlawful instructions of a Customer merely because records are processed through SUMS. Responsibility must be assessed under the applicable agreement and law.

An Authorised User does not accept the Customer’s commercial liability, indemnity or payment obligations by accessing an employer-provided account. Any personal responsibility for unlawful conduct arises under applicable law and any valid obligations applicable to that individual.

The Customer may cancel or give non-renewal notice using the procedure and periods in its Customer Agreement. Termination for breach or another contractual ground must follow that agreement and applicable law. Existing remedies that cannot lawfully be excluded are preserved.

On expiry or termination, the Customer’s and its Authorised Users’ entitlement to use the affected Services ends, subject to any agreed transition or data-access arrangements. Removal of one person’s access does not cancel the Customer’s agreement or affect another person’s independent authorised access.

Charges already properly incurred and other accrued obligations remain governed by the Customer Agreement. These Terms do not create an unagreed acceleration of future fees or an automatic forfeiture of every prepayment.

The Customer must consider export and transition needs before access ends and instruct SUMS through an authorised representative. Individual employees must not export the organisation’s records without authority. Any transition assistance, format, availability period or additional charge must be established in the Customer Agreement; we do not promise that every record or workflow can be exported in every format.

Before access ends, the Customer’s Administrators can export its data using the export and reporting functions in SUMS, at no charge. For 90 days after the Subscription ends, the Customer can ask SUMS to restore temporary access so its Administrators can export anything they still need. After those 90 days, SUMS deletes the Customer Data from its live systems unless the Customer Agreement says otherwise or the law requires it to be kept, and backups containing it expire within four weeks. Data subject to a legal hold is kept only for as long as the hold requires. Any further transition help is by agreement.

Closing or deleting a user account, removing organisation membership and deleting Customer Data are different actions. Account and privacy requests may be raised with the Customer’s Administrator or support@my-sums.com as appropriate. Accounts are deleted on request by emailing support@my-sums.com from the address linked to the account. Deleting an account does not authorise a person to erase all employer-controlled records.

Uninstalling an app does not delete an account or information held by the Customer or SUMS. Ending an account’s access does not necessarily erase historical employment, audit, incident, financial or compliance records which remain subject to the controller’s lawful retention requirements and the applicable processing instructions.

SUMS will return, delete or retain Customer Data in accordance with the Customer Agreement, DPA, applicable law and valid instructions. Data that SUMS must retain for its own lawful purposes remains subject to appropriate restrictions and the Privacy Policy. No indefinite retention right or fixed platform-wide deletion period is created by these Terms.

Confidentiality, accrued payment obligations, intellectual property rights, applicable liability provisions and the provisions needed to give effect to lawful data return, retention or deletion continue after termination to the extent relevant to their purpose.

Contact support@my-sums.com for SUMS service and technical enquiries. Users should normally contact their organisation first about employment records, working arrangements, permissions and internal approvals. SUMS cannot resolve employment disputes or overrule a controller’s lawful decisions simply by operating the software.

Notifications, emails, dashboards and reminders support operational workflows. Their delivery can depend on permissions, contact details, device settings, network availability and third-party systems. Check the relevant records and use appropriate direct escalation for urgent matters.

Contractual notices must be given to the contacts and by the methods specified in the Customer Agreement. The Customer must keep its authorised contractual contact details up to date. A routine task notification is not automatically a legally effective termination or variation notice.

Use the applications on supported devices you own or are authorised to use, in accordance with the relevant app-store usage rules, device arrangements and applicable third-party terms. The relevant app-store terms govern the store’s distribution relationship with you. SUMS supplies the Services and is responsible for its own obligations concerning its applications.

Apple and Google do not become parties to the Customer’s SUMS subscription contract merely by distributing an application. Installation, app-store family sharing or device management does not grant another person an organisational account, a Subscription or permission to view Customer Data.

The applicable end-user licence presented for an iOS application governs the licence to that software. Where no custom licence has been submitted for that app, Apple’s standard end-user licence applies under Apple’s distribution arrangements. These Terms govern the SUMS service relationship subject to mandatory app-store requirements and the applicable licence; they do not purport to replace the applicable licence merely by publication.

The iOS application uses Apple’s standard licensed application end user licence agreement; no custom licence has been submitted. These Terms govern the SUMS service relationship alongside it, as section 23.3 describes. The Android application is distributed through Google Play under Google’s terms.

SUMS is the contact for its application support, subject to the Customer’s agreed support arrangements. Apple and Google do not undertake the Customer’s employment administration or SUMS’s contractual support obligations. Any non-excludable app-store rights or mandatory remedies remain available.

Device and network charges may be payable to the relevant provider under your own arrangements. Device permissions should be granted only where you choose to use the relevant functionality, as explained in the Privacy Policy and permission prompts. Refusing an optional permission may affect the feature that needs it.

We may propose updates to reflect changes in the Services, the law or relevant operating arrangements. The current version and effective date will be made available through appropriate SUMS channels. Material changes will be notified appropriately before taking effect, except where an immediate change is required by law or to address an urgent security issue.

A published revision does not by itself retrospectively amend an existing signed Customer Agreement or override its price, liability, notice or variation provisions. Changes must follow the applicable agreement and any consent or notice requirements imposed by law.

SUMS will give at least 90 days’ notice of a material change to these Terms by email to each Customer’s main contact, and will publish the new version with its effective date on the SUMS website. A Customer that does not accept a material change may end its Subscription under section 7.3 before the change takes effect. A change applies to an existing signed Customer Agreement only as that agreement’s own variation terms allow.

These Terms and the documents validly incorporated into the relevant Customer Agreement form the contractual framework applicable to the agreed Services. Nothing here excludes liability for fraud or misrepresentation, removes a legally binding representation or displaces mandatory rights.

Neither party may hold itself out as the agent, partner or employer of the other merely because it uses or supplies SUMS. A Customer’s Administrator or Authorised User has only the authority actually conferred on them.

An assignment of a Customer Agreement or a transfer of a Subscription must comply with that agreement and applicable law. These Terms do not grant a blanket right to transfer personal data, avoid contractual obligations or materially reduce the other party’s protections without the required safeguards.

If a provision is unlawful or unenforceable, the remainder continues so far as legally possible without distorting the agreement. A failure to enforce a right immediately is not by itself a waiver of that right.

Neither party is excused from every obligation merely because an event is outside its reasonable control. Any agreed relief, notification, mitigation and termination rights for such events are governed by the Customer Agreement and applicable law.

Unless the Customer Agreement, applicable app licence or law provides otherwise, these Terms do not grant a person who is not a party a separate right to enforce the Customer’s subscription contract. This does not limit an Authorised User’s own statutory or other independently enforceable rights.

The governing law and dispute provisions validly agreed in an existing Customer Agreement continue to apply to that relationship.

These Terms, and new Customer Agreements unless they say otherwise, are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction over disputes about them.

Mandatory individual rights and any legally required alternative jurisdiction are preserved. This does not select a jurisdiction for an employment contract between a Customer and its staff.

Please raise a service or contractual concern with SUMS at support@my-sums.com, explaining the issue and the organisation concerned. The parties should seek to resolve genuine disputes through the authorised contacts without restricting either party’s ability to obtain urgent relief or exercise statutory rights.

SUMS legal and service contact: Saif Patel, sole trader trading as SUMS, 11 Fairway, Preston, PR1 0EJ, United Kingdom; support@my-sums.com.