Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Factorly platform, operated by Factorly Ltd (“Factorly”, “we”, “us”). By creating an account or using the platform, you agree to be bound by these Terms.

1. The service

Factorly provides a software-as-a-service property management platform designed for Scottish residential property factors. The platform includes tools for charge management, payment collection, meeting management, polling, messaging, announcements, and document storage, as described in the product documentation.

2. Accounts

You must be at least 18 years old to create an account. You are responsible for maintaining the security of your account credentials. You must notify us immediately if you believe your account has been compromised.

Organisation accounts are created by a platform administrator. If you are an end user (property manager, owner, or tenant), your access is granted by your organisation's administrator.

If you are a homeowner or tenant using Factorly because your property factor uses it, these Terms apply to you only as they govern your use of the platform itself. The commercial terms — sections 3 (subscription and payment), 9 (limitation of liability) and 10 (termination) — are between Factorly and the organisation that subscribes, and the subscription-related parts of them do not apply to you. Your relationship with your property factor, including what they charge you and how they manage your building, is governed by their written statement of services, not by this document.

3. Subscription and payment

Access to paid features requires an active subscription. Subscriptions are billed monthly or annually in advance. All prices are in GBP and inclusive of applicable VAT unless stated.

Subscriptions renew automatically unless cancelled before the renewal date. You may cancel at any time through the platform settings. No refunds are issued for partial billing periods.

We reserve the right to change pricing with 30 days' notice. Continued use after the effective date of a price change constitutes acceptance.

4. Free trial

New organisations receive a 14-day free trial with access to all features of their chosen plan. No credit card is required during the trial. At the end of the trial, access will be restricted unless a subscription is activated.

5. Acceptable use

You may not use Factorly to:

• Store or transmit unlawful content
• Harass, threaten, or harm other users
• Attempt to gain unauthorised access to the platform or other users' data
• Use the platform for purposes other than lawful property management
• Reverse engineer, decompile, or attempt to extract the source code
• Resell or sublicense access to the platform without our written consent

6. Data and privacy

Your use of the platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. As a data controller, you are responsible for ensuring that you have the appropriate legal basis to enter personal data about property owners, tenants, and residents into the platform.

7. Intellectual property

Factorly and all associated trademarks, logos, and software are the property of Factorly Ltd. You are granted a limited, non-exclusive, non-transferable licence to use the platform for its intended purpose during your subscription period.

You retain ownership of all data you enter into the platform. We claim no intellectual property rights over your data.

8. Service availability

We aim for 99.5% monthly uptime. Planned maintenance will be notified in advance where possible. We are not liable for downtime caused by factors beyond our reasonable control, including third-party service outages affecting our hosting, payment, or messaging providers.

9. Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

If you are a business customer — a property factor or other organisation subscribing to Factorly — our total liability for any claim arising out of or relating to these Terms or the platform is limited to the amount you paid to us in the 12 months preceding the claim, and we are not liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, data or goodwill.

If you are a consumer — a homeowner or tenant using Factorly because your property factor does — that cap does not apply to you. A cap set at what you have paid us would be nil, because you pay us nothing. Instead we are responsible for loss you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill, and we are not responsible for loss that is not foreseeable. Nothing here affects your statutory rights under the Consumer Rights Act 2015, which cannot be signed away.

10. Termination

You may terminate your subscription at any time. We may suspend or terminate your account if you breach these Terms, fail to pay, or if we decide to discontinue the service (with 90 days' notice in the case of discontinuation).

On termination, you may export your data within 30 days. After 30 days, data will be permanently deleted in accordance with our data retention policy.

11. Governing law

These Terms are governed by the laws of Scotland, and disputes with a business customer are subject to the exclusive jurisdiction of the Scottish courts.

If you are a consumer, you keep the protection of the mandatory rules of the part of the United Kingdom in which you live, and you may bring proceedings in the courts of that part. We will bring any proceedings against you only in the courts of the part of the UK where you live.

12. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by email at least 14 days before they take effect. Continued use after the effective date constitutes acceptance of the updated Terms.

13. Contact

For questions about these Terms, email contact@factorly.co.uk.