Spotlite Business Services Ltd User Agreement

Effective September 2022

1. Introduction

1.1. This End User Agreement sets out the Terms (the “Terms”) which govern the supply of the compliance and due diligence Software and Services from Spotlite Business Services Ltd (hereafter “SBS” and/or “we/us/our”) to allow you to download and use the Spotlite App (the “App”) which will enable you to use and benefit from our services, which include:

  • uploading and securely sharing personal data, documents and other information, none of which we store on the App or the device you choose to use
  • safely communicating with the professionals and organisations that have invited you to use our services and that are clients of SBS
  • reviewing documents that are shared with you and electronically signing and returning these if required
  • using any additional fraud prevention, data privacy, due diligence or consumer features and functionality that we may make available from time to time

1.2 It is inevitable we will need to make changes to the App or our services in line with evolving regulatory, legal, technical, fraud prevention or security changes. If we make any such changes that affect our services or our agreement with you, we will make you aware when you next access the App.

2. Limitations on your use of the App and our Spotlite Services

2.1 Unfortunately, no organisation is able to guarantee 100% availability at all times, though we do try to minimise the impacts of external events beyond our control that may reduce access to our services. We are not responsible to you if this happens but if it does, we will let you know and take any reasonable actions available to us to minimise the interruption to our services.

2.2 We also welcome your support and understanding for the following limitations and conditions that your use of our services are subject to:

a. We take your privacy and data security very seriously and use secure access controls for entry to all of our services. Including personalised SMS invitations with your user ID and verification code or password to login. You must keep any Spotlite login information confidential. We are under no circumstances responsible for any loss or damage suffered by you as a result of your disclosure of any login information, whether or not the disclosure was unintentional.
b. If you use the App or contact us electronically you consent to us contacting you via the App, email, SMS and our services or by calling you direct about your use of the App or Spotlite services.
c. Whilst we are rigorous in our use of anti-virus tools and monitoring for malicious software, we cannot guarantee that our services will always be virus free. You should ensure that the devices you use to access our services are protected against viruses and malicious software.
d. Ongoing technical maintenance to our platform or security threats may require us to temporarily suspend our Spotlite services. Such precautionary measures will be to ensure the infrastructure is secure and our systems are kept optimal and effective.
e. We will periodically make available new versions or updates to our App. You must always accept any updates to the latest version of Spotlite, and similarly accept and agree that you may not be able to use our services until you have done this and accepted any new terms.

3. Licence

You are licenced to download, store and use the Spotlite App on the following terms:

3.1 We own the copyright and other intellectual property rights in the App and any derivative output from the use of any Spotlite Services. This does not include any of the personal data you provide or upload, that is always your data and to read how we safeguard your data our Privacy Notice, can be found here.

3.2 We grant you a personal, non-transferable licence to use Spotlite intellectual property rights to download the App, store the App on your device and use our Services.

3.3 You are not permitted to do any of the following:
a) sub-license, rent, lease, loan, share or sell your right to access the App to any third party, or use the App for the benefit of any third party
b) use the App in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
c) send spam or other unwelcomed communications to others
d) upload any content that contains software viruses, worms, or any other harmful code, or for which you do not have the necessary rights to use
e) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the App or any related technology
f) “scrape,” “crawl” or “spider” the App, whether by manual means or using automated software, devices, scripts robots
g) interfere with the operation of, or place an unreasonable load on, the App, or otherwise use the App in any way that causes, or may cause, damage to it.

3.4 You may share personal data, documents, content and other material using our App or other Spotlite intellectual property with professionals and organisations provided that they are a client of ours.

3.5 You may not use our registered trade mark, or any other brand, logo or trade mark of ours.

3.6 We may suspend your access to the App and the Spotlite Services, without notice, if we suspect our services are being used in breach of these terms.

4. Our liability to you

4.1 We compensate you for losses you suffer if the App or services do not comply with this agreement but we do not compensate you for all losses.

4.2 We will compensate you:
a) for personal injury or death caused by our negligence or that of our employees
b) if the App is found to infringe the intellectual property rights of a third-party and as a result you suffer loss or damage, compensate you for such loss or damage
c) if the Spotlite Services are defective and damage a device or other digital content belonging to you, and we have not used our reasonable skill and care, compensate you for the actual and reasonable cost of repair or replacement of the device or content.

5. Questions, Reviews or Complaints

You will find a Frequently Asked Questions link in the App and on our websites but your voice is very important to us. We genuinely welcome ALL feedback. Good, bad or indifferent it really helps us to continually improve our services through your lived experience.

If you contact our support team on [email protected] a ticket will be raised in our support system and the team will ensure you are acknowledged and receive a timely response.

6.. Law and Jurisdiction

The agreement between you and SBS will be governed by the laws of England and Wales. English courts will have exclusive jurisdiction in the event of a potential dispute.

6. Your Content

6.1. You will retain all Intellectual Property Rights to the content you input, submit and send through our Software and Services. You agree to grant SBS a revocable, worldwide, non-exclusive and royalty-free licence to analyse, reproduce, adapt, modify and translate the content you submit for the purposes of conducting Control Standard checks for the Service requested by your Agent or to report to the authorities suspicious or unusual behaviour that may indicate criminal activity or any other wrong doing.

6.2. In addition, you agree that these Terms include the right to make this content available to our third-party suppliers to perform, either automatically or manually, the Control Standard checks for the Service requested by you. These third-party suppliers may be outside of the jurisdiction of the UK, EU or EEA.
6.3. Unless otherwise stated, we store your data and your Applicant’s data on Microsoft Azure Cloud Service Platforms physically located in the UK. We shall advise you in writing prior to making any changes if we decide to store your data with another service provider.

7. Our details

Spotlite Business Services Limited – Company registration number: 10036916

Heron House,
DiSH Manchester,
47 Lloyd Street,
M2 5LE