Welcome to Rows, an online dashboard/platform/application which serves as an integration point to other accounting software applications hosted on the cloud. These Terms of Use are intended to explain Our obligations as a service provider and Your obligations as a customer.
These Terms are binding on any use of the Service by You and
apply to You from the time that We provide You with access to
the Service.
The Rows Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Rows Service. We reserve the right to change these terms at any time, effective upon the posting of modified terms on Our Website, and We will make every effort to notify You about these changes via email. It is likely that the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
When we say ‘Us’, ‘We’ or ‘Our’, we mean Rows Limited – bearing company registration number C84551, having its registered and business office address located at Digital Hub, Malta Life Sciences Park, San Gwann, SGN 3000, Malta, and VAT Number MT 2552-5621 – and any associated or other group companies.
"Account Owner" - means the person who registers to use the Service, and, where the context permits, includes any entity or person on whose behalf that person registers to use the Service.
"Agreement/Terms" - means these Terms of Use, as subsequently may be amended, from time to time.
"Access Fee" - means the monthly and any other one-off fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which We may change from time to time on notice to You).
"Confidential Information" - includes all information of a confidential nature exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
"Data" - means any data inputted by You or with Your authority into the Website.
“Rows” is a tradename/mark of Ours/licensed to Us.
"Intellectual Property Right" - means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world, whether registerable or not, in registered or unregistered form.
"Service/Rows Service" - means the SaaS by the name of Rows, an online dashboard/platform/application that provides and enables online accounting and personal finance management services, as may be changed, modified or updated by Us, from time to time, and which is made available to the Account Owner and other Users via the Website.
“SaaS” - means a software-as-a-service, a creation of cloud computing whereby software is licensed by software vendors and distributed on a subscription basis, and is centrally hosted.
“third party applications” - means other SaaS or accounting applications hosted on the cloud, the likes of Xero Accounting and QuickBooks, for use in conjunction with the Service.
"Website" - means the internet site at the domain www.rowsapp.com or any other site operated by Us.
"User" - means any person or entity, other than the Account Owner, that uses the Service with the authorization of the Account Owner, from time to time.
"You" - means the Account Owner, and where the context permits, a User. "Your" has a corresponding meaning.
We grant You the right to access and use the Service via the Website with the particular user rights available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Account Owner and the Users, or any other applicable laws:
Payment obligations - An invoice for the Access Fee will be issued at the end of each month from when You activate the Service. We will continue invoicing You monthly until this Agreement is terminated.
All Our invoices will be sent to You, or to a Billing Contact
whose details are provided by You, by email. You must pay or
arrange payment of all amounts specified in any invoice by the
due date for payment and are payable within 10 days of the
invoice date. You are responsible for payment of all taxes and
duties in addition to the Access Fee.
You may accept responsibility for payment of Access Fees in
relation to organisations or persons on whose behalf you are
acting, or you added to the Service or that have otherwise
been added with your authority or as a result of your use of
the Service (“connected organisations and companies”).
Rows does not provide refunds.
General obligations - You must only use the
Service and Website for Your own lawful internal business
purposes, in accordance with these Terms and any notice sent
by Us or condition posted on the Website. You may use the
Service and Website on behalf of others or in order to provide
services to others but if You do so you must ensure that You
are authorized to do so and that all persons for whom or to
whom such services are provided comply with and accept all
terms of this Agreement that apply to You.
Access conditions - You must ensure that all
usernames and passwords required to access the Service are
kept secure and confidential. You must immediately notify Us
of any unauthorized use of Your passwords or any other breach
of security and We will reset Your password and You must take
all other actions that We reasonably deem necessary to
maintain or enhance the security of Our computing systems and
networks and Your access to the Service.
As a condition of these Terms, when accessing and using the
Service, You must:
Usage Limitations - Use of the Service may be subject to limitations, including but not limited to client connections, Users’ activity and the number of calls You are permitted to make against Rows’s application programming interface. Any such limitations will be specified within the Service.
Communication Conditions - As a condition of
these Terms, if You use any communication tools available
through the Website (such as any community tools), You agree
only to use such communication tools for lawful and legitimate
purposes. You must not use any such communication tool for
posting or disseminating any material unrelated to the use of
the Service, including (but not limited to): offers of goods
or services for sale, unsolicited commercial e-mail, files
that may damage any other person's computing devices or
software, content that may be offensive to any other users of
the Service or the Website, or material in violation of any
law (including material that is protected by copyright or
trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent
that You are permitted to make such communication. We are
under no obligation to ensure that the communications on the
Website are legitimate or that they are related only to the
use of the Service. As with any other web-based forum, You
must exercise caution when using the communication tools
available on the Website. However, We do reserve the right to
remove any communication at any time in its sole discretion.
Indemnity. You indemnify Us against: all claims, costs, damage
and loss arising from Your breach of any of these Terms or any
obligation You may have towards Us, including (but not limited
to) any costs relating to the recovery of any Access Fees that
are due but have not been paid by You.
Confidentiality - Unless the relevant party has the prior written consent of the other or unless required to do so by law, regulation, or regulatory or supervisory authority or court order:
Each party will preserve the confidentiality of all
Confidential Information of the other obtained in connection
with these Terms. Neither party will, without the prior
written consent of the other, disclose or make any
Confidential Information available to any person, or use the
same for its own benefit, other than as contemplated by these
Terms.
Each party's obligations under this clause will survive
termination of these Terms.
These provisions shall not apply to any information which:
Privacy - We maintain a Privacy Policy, as last updated, that further sets out the parties’ obligations in respect of personal information processed by Us on/via the Rows online dashboard/platform/application as a result of your use of the Service. You should read that policy and You will be taken to have accepted that policy when You accept these Terms. You are also invited to read our Data Processing Addendum relating to the processing of personal data in accordance with applicable data protection legislation (as defined therein) which Addendum is also deemed to be supplemental to and forms an integral part of these Terms.
General - Title to, and all Intellectual Property Rights in the Service, the Website and any documentation relating to the Service remain Our property (or of Our licensors).
Ownership of Data - Title to, and all
Intellectual Property Rights in, the Data remain Your
property. However, Your access to the Data is contingent on
full payment of the Rows Access Fee when due. You grant Us a
licence to use, copy, transmit, store, back-up and otherwise
process Your information and Data only for the purposes of
enabling You to access and use the Service and for any other
purpose related to provision of the Service to You.
Backup of Data - You must maintain copies of
all Data inputted into the Service. We adheres to its best
practice policies and procedures to prevent data loss,
including a daily system data back-up regime, but does not
make any guarantees that there will be no loss of Data. We
expressly exclude liability for any loss of Data no matter how
caused to the extent that this is possible under applicable
data protection legislation.
Third-party applications and your Data - If You enable third-party applications for use in conjunction with the Service, You acknowledge that We may allow the providers or facilitators of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Service. We shall not be responsible for any disclosure, modification, deletion or other processing activity of/in relation to Your Data resulting from any such access by third-party application providers.
Authority - You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
Acknowledgement - You acknowledge that:
No warranties - We give no warranty about the Service. Without limiting the foregoing, We do not warrant that the Service will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
Consumer guarantees - You warrant and
represent that You are acquiring the right to access and use
the Service for the purposes of a business and that, to the
maximum extent permitted by law, any statutory consumer
guarantees or legislation intended to protect non-business
consumers in any jurisdiction does not apply to the supply of
the Service, the Website or these Terms.
To the maximum extent permitted by law, We exclude all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
If You suffer loss or damage as a result of Our negligence or
failure to comply with these Terms, any claim by You against
Us arising from Our negligence or failure will be limited in
respect of any one incident, or series of connected incidents,
to the Access Fees paid by You in the previous 12 months.
If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms.
Trial policy - When You first sign up for access to the Service You can evaluate the Service under the defined trial usage conditions, with no obligation to continue to use the Service. If You choose to continue using the Service thereafter, You will be billed from the month You first added Your billing details into the Service. If You choose not to continue using the Service, You may do nothing and your account details will be dormant until you decide to continue using the Service or until you decide to cancel your account.
Prepaid Subscriptions and ther services - We
will not provide any refund for any remaining prepaid period
for a prepaid Access Fee subscription or any other service
provided to You.
No-fault termination - These Terms will
continue for the period covered by the Access Fee, unless
either party terminates these Terms by giving the other at
least 30 days written notice. If You terminate these Terms You
shall be liable to pay all relevant Access Fees until the end
of the month in which notice was given.
Breach - If You:
We may take any or all of the following actions, at its sole discretion:
For the avoidance of doubt, if payment of any invoice for
Access Fees due in relation to any of Your billing contacts,
billing plans or any of Your connected organisations is not
made in full by the relevant due date, We may: suspend or
terminate Your use of the Service, the authority for all or
any of Your connected organisations to use the Service, or
Your rights of access to all or any Data.
Accrued Rights and Survival of Clause - Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination and without prejudice to the survival of specific clauses which, expressly, or, by their nature, are intended to survive the expiration/termination of this Agreement, including, inter alia, provisions relating to payment obligations, confidentiality obligations, limitation of liability provisions, provisions regulating intellectual property rights, warranties and acknowledgements, and so on. On termination of this Agreement You will:
Technical Problems - In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Us. If You still need technical help, please check the support provided online by Us on the Website or failing that email us at support@rowsapp.com.
Service availability - Whilst We intend for
the Service to be available 24 hours a day, seven days a week,
it is possible that on occasions the Service or Website may be
unavailable to permit maintenance or other development
activity to take place.
If for any reason We have to interrupt the Service for longer periods than We would normally expect, We will use reasonable endeavors to publish in advance details of such activity on the Website.
Entire agreement - These Terms, together with the Rows Privacy Policy and other policies or notices given to You under these Terms of Use or otherwise published on the Website, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Us relating to the use of the Service and the other matters dealt with in these Terms.
Waiver - If either party waives any breach of
these Terms, this will not constitute a waiver of any other
breach. No waiver will be effective unless made in writing.
Delays - Neither party will be liable for any
delay or failure in performance of its obligations under these
Terms if the delay or failure is due to any cause outside its
reasonable control.
No Assignment - You may not assign or
transfer any rights to any other person without Our prior
written consent.
Governing law and dispute resolution - This
Agreement and any dispute or claim arising out of or in
connection with this Contract shall be governed by and shall
be construed and interpreted in accordance with Maltese law.
In case of a dispute or breach arising out of or in connection
with the interpretation and/or execution of this Agreement,
You may refer the matter to arbitration under the rules of the
Arbitration Act, Cap 387 of the Laws of Malta. Arbitration
proceedings shall be conducted at the Malta Arbitration Centre
in Malta.
Severability - If any part or provision of
these Terms is invalid, unenforceable or in conflict with the
law, that part or provision is replaced with a provision
which, as far as possible, accomplishes the original purpose
of that part or provision. The remainder of this Agreement
will be binding on the parties.
Notices - Any notice given under these Terms
by either party to the other must be in writing by email and
will be deemed to have been given on transmission. Notices to
Us relating to the use of the Service or other matters dealt
with under these Terms must be sent to support@rowsapp.com or
to any other email address notified by email to You by Us.
Notices to You will be sent to the email address which You
provided when setting up Your access to the Service.
Rights of Third Parties - A person who is not
a party to these Terms has no right to benefit under or to
enforce any term of these Terms.
The Terms shall apply unless otherwise altered by mutual agreement between the parties.