1. These terms
These terms govern every quote, order, build and licence supplied by Viaxo ("we", "us") to a customer ("you"). By submitting a build brief, accepting a quote or paying an invoice you accept these terms in full. They override anything on your purchase order, framework terms, supplier portal or standard conditions unless we have signed a separate agreement that says otherwise.
We may update these terms at any time. The version published on this site at the time of your order applies to that order.
2. What you are buying
You are buying an annual licence to a configured app built from our platform, together with hosting, maintenance updates and support, for the term you select. You are not buying bespoke software ownership, source code, intellectual property, exclusivity or a fixed feature set.
All prices are per year, quoted ex VAT unless stated, and are payable annually in advance. Prices, discounts, promotional codes, build slots and bundle rates may be withdrawn or changed at any time before an order is accepted.
3. Timescales are estimates only
Build and publication timescales — including the indicative window of 2 weeks to 2 months — are estimates, not commitments. App store review, platform policy changes, third-party outages, your own response times and the content you supply all affect delivery.
We are not liable for any loss, cost or claim arising from delay, from an app store rejecting or removing an app, or from a platform changing its rules.
4. Your responsibilities
You are solely responsible for: the accuracy and legality of everything you submit or publish through the app; obtaining every consent, permission and licence required for your content, logos, images, names and data; complying with data protection law, safeguarding duties, statutory reporting and your own policies; and for how your staff, learners, parents and third parties use the app.
You confirm you have authority to bind your organisation, that the person placing the order has budget approval, and that any discount, charity rate, group rate or eligibility claim you make is true. We may withdraw a discount and re-invoice at list price if it is not.
You must keep account credentials secure. Anything done through your account is treated as done by you.
5. Content, safeguarding and moderation
We do not review, moderate or approve the content you publish. We are not the controller of the personal data you process through the app and we are not responsible for safeguarding decisions, attendance records, EHCP information, medical information or any other content you or your users enter.
You will keep us indemnified in full against any claim, fine, penalty, investigation, loss or cost arising from your content, your data processing, your use of the app or a breach of these terms by you or your users.
6. Service availability
The app is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted, error-free or secure operation, and we give no service level, uptime, response time or availability commitment unless one is agreed in writing and paid for separately.
We may suspend the service for maintenance, security, non-payment or suspected misuse without liability.
7. Warranties excluded
To the fullest extent permitted by law we exclude all warranties, conditions, representations and terms implied by statute, common law or otherwise, including any implied terms as to satisfactory quality, fitness for a particular purpose, accuracy or non-infringement.
Nothing on this website — including prices, examples, screenshots, feature lists, add-on descriptions or marketing statements — is a contractual promise or a guarantee of any outcome, saving, engagement, compliance result or inspection result.
8. Limitation of liability
We are not liable to you for any loss of profit, revenue, funding, contracts, goodwill, reputation, data, anticipated savings, business interruption, or for any indirect or consequential loss, however caused, whether in contract, tort (including negligence), breach of statutory duty or otherwise.
Our total aggregate liability arising out of or in connection with your order, the app and these terms is limited to the licence fees actually paid by you to us in the 12 months immediately before the event giving rise to the claim.
Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited.
9. Payment, price lock, changes and cancellation
Invoices are payable within 30 days of the invoice date. Late payment may attract statutory interest and we may suspend or withdraw the app until the account is settled.
Price lock: the annual figure quoted and accepted, including VAT at the rate then in force, is the figure you pay each year for as long as your licence runs continuously. We will not apply an annual uplift or indexation. If the statutory VAT rate changes, the VAT element changes with it; that is not a price increase by us. Adding further apps, pages, requirements or bespoke add-ons after your order is new scope and is quoted separately.
Changes instead of refunds: fees are non-refundable. Instead, where you are not satisfied with the build we will continue to make the changes you require to bring it in line with your agreed brief, at no additional charge and with no increase to your annual price. This applies to changes within the scope of the app you ordered; wholly new functionality is treated as new scope. This commitment is a right to remedial work only and does not create a right to a refund, damages or compensation.
Licences run for the term you select and renew annually unless you give written notice before renewal. Multi-year commitments and discounted rates are non-cancellable for the committed term; cancelling early means the discount is repayable.
Discounts, promotional codes, bundle rates and referral credits cannot be exchanged for cash and may not be combined beyond the limits published at the time of order.
10. Native builds
Apps are built in native code for iOS and Android to the specification you configure and approve. We choose the technical implementation, frameworks, tooling and infrastructure, and may change them where this does not materially reduce the functionality you ordered.
You approve the build plan before work starts. What is in that plan is what we build; anything outside it is new scope, quoted separately.
11. Intellectual property
We retain all intellectual property in the platform, the underlying code, designs, templates and add-ons. You retain intellectual property in the content, branding and data you supply, and you grant us a licence to use it for the purpose of building, hosting and supporting your app.
You may not copy, resell, sublicense, reverse engineer or white-label the platform.
12. Third parties
The app relies on third-party services including app stores, hosting providers, notification services and integrations. We are not responsible for their acts, omissions, pricing, policies, downtime or termination, and we may change providers at any time.
No third party other than you and us has any right to enforce these terms.
13. General
These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If any part of these terms is found unenforceable, the rest continues to apply. Our failure to enforce a term is not a waiver of it.
Questions about these terms should be sent through the contact page.
