Terms.

1. Introduction

1. 1.1These terms apply between you, the user of this website and service, and Prodro Group Limited trading as Swiftmore, which owns and operates them.
2. 1.2Please read them carefully. They affect your legal rights. You are treated as agreeing to them when you first use the service.
3. 1.3If you do not agree to them, stop using the service.
4. 1.4You must be 18 or over to use Swiftmore. By using it you confirm that you are.
5. 1.5Swiftmore is software. We are not a firm of accountants or tax advisers, and nothing in the service is professional tax advice. The service helps you keep records and submit them to HMRC. It is not a substitute for advice about your own circumstances, and you should take that advice separately where your affairs are complex or you are unsure.
6. 1.6We are not responsible for dealing with HMRC on your behalf beyond making the submissions you instruct us to make. Correspondence about your records, your submissions or any enquiry into them is between you, or an agent you appoint, and HMRC.
7. 1.7These terms distinguish two kinds of user. You are a Business User if you use Swiftmore in connection with a trade, profession or property business — including as a sole trader, landlord, contractor or partner. You are a Personal User if you use it in a purely personal, non-commercial capacity. Some clauses below apply differently to each, and where they do we say so.

2. Your responsibilities

Swiftmore prepares and submits what you tell it. The figures remain yours.

1. 2.1You are responsible for the accuracy and completeness of the information you enter or import, including transactions brought in from a connected bank account or an uploaded spreadsheet.
2. 2.2You are responsible for reviewing every quarterly update and every return before you submit it. Nothing is sent to HMRC without you confirming it.
3. 2.3You are responsible for meeting your own filing deadlines. Swiftmore shows the dates that apply to you and will remind you, but a reminder is a courtesy and not a guarantee. Penalties HMRC charges for late or inaccurate submission remain yours.
4. 2.4You are responsible for determining whether Making Tax Digital for Income Tax applies to you and from when. Our guidance on thresholds is general information, not a ruling on your position.
5. 2.5You are responsible for keeping your login details confidential and for activity carried out under your account. Tell us immediately if you think someone else has access.
6. 2.6You must keep your contact details current so that we can reach you about deadlines, submissions and your account.

3. Accountants and other authorised people

1. 3.1You may invite an accountant, bookkeeper or other person to access your records. There is no charge for this on any plan.
2. 3.2Anyone you invite acts on your instructions, not ours. We are not responsible for what they do with the access you grant, and inviting them does not make them our agent or us theirs.
3. 3.3You can withdraw access at any time and it takes effect immediately. We keep a record of who was granted access and when.
4. 3.4If an authorised person submits to HMRC on your behalf, that submission is treated as yours.

4. Your account

1. 4.1You may cancel at any time from your account settings, or by contacting us.
2. 4.2We may suspend or close your account without notice if you breach these terms, if we believe the account is being used unlawfully, or if we are required to by law. Where we can tell you why, we will.
3. 4.3If we suspend an account for a suspected security problem, we will tell you and help you regain access.

5. Intellectual property and permitted use

1. 5.1Everything in the service other than what you put into it belongs to us or to our licensors. That includes the software, the design, the written content and the Swiftmore name and marks.
2. 5.2Your records, transactions and returns belong to you. We use them only to provide the service to you and as described in our privacy notice.
3. 5.3We grant you a non-exclusive, non-transferable, revocable licence to use the service — for your own use if you are a Personal User, and for your own or your business’s tax affairs if you are a Business User.
4. 5.4You may not copy, resell, reverse-engineer or build a competing product from the service, or use it to provide filing services to third parties as a bureau, without our written agreement.

6. Acceptable use

1. 6.1You must not use Swiftmore to submit information you know or suspect to be false, or to do anything unlawful.
2. 6.2You must not interfere with the service, attempt to gain access to accounts or data that are not yours, or place unreasonable load on the system.
3. 6.3You must not upload anything that infringes someone else’s rights or contains malicious code.

7. Availability

1. 7.1The service is provided as it is and as available. We work to keep it accurate, secure and running, but we do not warrant that it will be uninterrupted or free from error.
2. 7.2Parts of the service depend on systems we do not control, including HMRC’s Making Tax Digital interfaces and any bank you choose to connect. Where those are unavailable or return incorrect data, Swiftmore may be unable to submit or may show figures that need correcting. We will tell you what we know when this happens.
3. 7.3Because of clause 7.2, do not leave a submission to the final hours before a deadline. We cannot guarantee HMRC will accept a submission at any given moment.
4. 7.4We may change, suspend or withdraw parts of the service. Where a change materially reduces what you have paid for, we will tell you in advance and offer a proportionate refund.

8. Liability

1. 8.1Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited. If you are a Personal User, nothing here limits your rights under the Consumer Rights Act 2015, including the right to a service carried out with reasonable care and skill.
2. 8.2Subject to 8.1, our total liability to you for all claims connected with the service is limited to the greater of £100 or the fees you paid us in the twelve months before the event giving rise to the claim.
3. 8.3Subject to 8.1, and if you are a Business User, we are not liable for loss of profit, revenue, anticipated savings, business, goodwill or opportunity, or for indirect or consequential loss.
4. 8.4We are not liable for penalties, interest or additional tax arising from information you provided that was inaccurate or incomplete, from a submission you approved, or from a deadline you missed.
5. 8.5We are not liable for failures caused by events outside our reasonable control.

9. Fees, refunds and price changes

1. 9.1The Records plan is free. Annual and Complete are paid, and all prices shown include VAT.
2. 9.2Nothing is payable until you choose to file. You can use the free plan for as long as you like without giving us payment details.
3. 9.3Complete is charged per tax year, or monthly if you prefer. Annual is a one-off charge for the tax year it covers.
4. 9.4If you are a Personal User you have a statutory right to cancel a distance contract within 14 days. Where you ask us to begin immediately and we complete a submission within that period, the right to cancel is lost for that submission. We will make this clear before you confirm.
5. 9.5Once a return or quarterly update has been submitted to HMRC, the fee for it is not refundable, because the service has been performed. If you have paid and not yet submitted, contact us and we will refund you.
6. 9.6If we change our prices, the new price applies to new customers immediately. If you already hold a paid plan, you keep the price you signed up at for as long as that plan remains continuously active. If you cancel and return later, the current price applies.
7. 9.7We will give at least 30 days’ notice before any change that would affect what you pay on renewal.

10. Your records: keeping, exporting and deleting

HMRC requires you to keep records for at least five years after the 31 January deadline for the tax year concerned. That obligation is yours, not ours. These clauses set out how we make sure you can meet it.

1. 10.1You can export everything at any time, on any plan. An export contains your transactions and categories as spreadsheet files, each submission and its HMRC receipt as a PDF, and a list of what the export covers.
2. 10.2If you stop paying, your account moves to the free Records plan. Nothing is deleted and you keep access to your history. Cancelling a paid plan does not put you out of compliance.
3. 10.3If you close your account, we make an export available and keep your data for 30 days so you can download it. After that we delete it.
4. 10.4If a free account has not been used for 24 months, we will contact you twice and give you at least 30 days to export before deleting it. Signing in resets this.
5. 10.5You can ask us to delete your data at any time and we will, whatever the timescales above. We will offer you an export first, but we will not make it a condition. Deleting your Swiftmore data does not remove anything already submitted to HMRC, and does not discharge your own duty to keep records.
6. 10.6We may keep limited information for longer where the law requires it — for example records of submissions we made on your instruction. Our privacy notice sets out what and for how long.

11. Privacy

1. 11.1Our privacy notice and cookie notice form part of these terms. They explain what we collect, why, and what rights you have.
2. 11.2Where you connect a bank account, we access only the transaction data needed to build your records, and only for as long as you keep the connection open. You can disconnect at any time.

12. General

1. 12.1You may not transfer your rights under these terms to anyone else. We may transfer ours where doing so does not affect your rights.
2. 12.2We may change these terms. If a change materially affects you, we will tell you at least 30 days beforehand and you may cancel without penalty if you do not accept it. Minor changes take effect when published.
3. 12.3These terms, with the privacy and cookie notices, are the whole agreement between us about the service.
4. 12.4If any part of these terms is found unenforceable, the rest continues to apply.
5. 12.5A delay in enforcing a right is not a waiver of it.
6. 12.6These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a Personal User living elsewhere in the UK, you may bring proceedings in your own jurisdiction.
7. 12.7If something goes wrong, contact us first and we will try to put it right.

Who we are

• Prodro Group Limited, trading as Swiftmore
• Registered in England and Wales, company number 17268651
• Registered address: 71-75 Shelton Street, London, WC2H 9JQ
• Contact: info@prodro.co.uk
• Last updated: Draft — not yet in force