Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Aperio FM platform and website at aperio-fm.com (the "Service"), operated by Smythe Geanga Ltd ("we", "us", "our"), a company registered in England and Wales (company number 16677693) with its registered office at 3rd Floor, 86-90 Paul Street, London EC2A 4NE.

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

1. Account registration

To use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account credentials secure. You are responsible for all activity that occurs under your account.

You must be at least 18 years old to create an account. You may not share your account credentials with others or allow multiple users to share a single account.

2. Plans, billing and cancellation

The Service is offered under tiered subscription plans. Current pricing is published on our pricing page. All prices are in British Pounds Sterling (GBP) and exclude VAT where applicable.

• Free trial: New accounts receive a 14-day free trial with access to every module in the platform. No payment information is required to start the trial. When the trial ends, contact us to arrange a paid plan if you wish to continue.
• Billing: We do not take payments through the website. Paid plans are arranged and billed directly by us — we will agree the plan, price and payment terms with you personally by email or phone.
• Cancellation: To cancel your subscription, contact us by email or phone. Cancellation takes effect at the end of the current billing period, and you will retain access to the Service until that date.
• Refunds: Fees are non-refundable except where required by applicable law. If you cancel mid-period, you will not receive a pro-rata refund for the remaining days.
• Price changes: We may change our pricing from time to time. We will provide at least 30 days' notice before any price increase takes effect. Price changes will apply at your next billing period after the notice period.

3. Your data

You retain all rights to the data you enter into the Service ("Your Data"). We do not claim ownership over Your Data. You grant us a limited licence to host, store, and process Your Data solely for the purpose of providing the Service to you.

You are responsible for the legality and accuracy of Your Data. You must ensure that Your Data does not infringe the rights of any third party and complies with all applicable laws.

You may export Your Data while your account is active — CSV exports are available from the reporting module, or you can ask us for a full copy. If you cancel your account, we will retain Your Data for up to 90 days to allow for export, and will then delete it, unless we are required by law to keep certain records. For details on how we handle your data, see our Privacy Policy.

4. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorised access to the Service, other accounts, or any computer systems or networks connected to the Service.
• Interfere with or disrupt the Service, servers, or networks.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to transmit malware, spam, or other harmful content.
• Scrape, crawl, or use automated means to access the Service without our written permission.
• Resell, sublicense, or distribute the Service to third parties without our written agreement.
• Use the Service to store or process sensitive personal data requiring special categories of protection under UK GDPR, unless explicitly agreed in writing.

We reserve the right to suspend or terminate your account if we reasonably believe you are in breach of this section.

5. Intellectual property

The Service, including its software, design, branding, documentation, and all related intellectual property, is owned by us and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or brand assets without prior written consent.

6. Service availability and support

We aim to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with reasonable advance notice. We provide support via the in-app help centre, by email, and by phone during normal working hours.

7. Limitation of liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or business opportunities, arising out of or in connection with your use of the Service.
• Our total aggregate liability to you in respect of any claim arising out of or in connection with these Terms or the Service shall not exceed the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

8. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, or damages (including legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

9. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your access immediately if you breach these Terms, if required by law, or if we reasonably believe your use poses a security risk. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including data ownership, limitation of liability, and indemnity) will survive.

10. Governing law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email or by a prominent notice on the Service at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

12. Contact us

If you have any questions about these Terms, please contact us:

Smythe Geanga Ltd
3rd Floor, 86-90 Paul Street, London EC2A 4NE
Email: [email protected]