Terms of Use

Version 1.2

Asset Procure is a trading name of KACED DIGITAL LTD, company number 17366002, registered in England and Wales, with registered office at Stortford Grange, Jenkins Lane, Bishop's Stortford, England, CM22 7QL.

Introduction

These Terms of Use ("Terms") govern access to and use of Asset Procure (the "Service"), a business-to-business asset finance decision-support tool provided by KACED DIGITAL LTD (the "Company", "we", "us", or "our"). Asset Procure is a trading name of KACED DIGITAL LTD.

By accessing or using the Service, you ("you", "your", or the "Customer") confirm that you accept these Terms and that you have the authority to bind the organisation on whose behalf you act. If you do not agree to these Terms, you must not access or use the Service.

1. Contracting Parties / Business Use

1.1 The Service is provided by KACED DIGITAL LTD, company number 17366002, registered in England and Wales, with registered office at Stortford Grange, Jenkins Lane, Bishop's Stortford, England, CM22 7QL.

1.2 The Service is provided exclusively for business purposes. You confirm that you are accessing and using the Service in the course of a business activity and not as a consumer.

1.3 Where you register for or use the Service on behalf of an organisation, you represent and warrant that you have authority to create and administer the organisation's Asset Procure account, to accept these Terms on its behalf where applicable, and to incur or agree charges where authorised to do so.

1.4 These Terms apply to all users granted access to the Service within your organisation, and your organisation is responsible for the acts and omissions of its users.

1.5 The Acceptable Use Policy forms part of these Terms and is incorporated by reference. Acceptance of these Terms constitutes acceptance of the Acceptable Use Policy; no separate acceptance of the Acceptable Use Policy is required. If the Acceptable Use Policy is materially changed in the future, the Company will consider whether a new version of these Terms and re-acceptance is required.

1.6 The Customer is responsible for ensuring that only authorised individuals are granted access to the organisation's Asset Procure account, for keeping its authorised-user list current, and for removing access promptly when a user is no longer authorised. Organisation users must not share individual login credentials with any other person.

2. Nature of Asset Procure

2.1 The Service is a commercial decision-support and financial-modelling tool designed to assist business users in comparing the financial implications of different asset acquisition methods, including cash purchase, lease, hire purchase, and subscription arrangements.

2.2 The outputs of the Service — including Net Present Cost, Total Cost of Ownership, payback periods, tax-relief projections, and any other financial metrics — are indicative modelling results, not definitive figures. They are based on the inputs, assumptions, and parameters entered by users and on the calculation methodology implemented at the time of use.

2.3 The Service does not constitute tax, accounting, legal, investment, or regulated financial advice. It is not designed to reproduce statutory accounts, tax returns, or the treatment required by any particular accounting framework. Nothing in the Service should be relied upon as a substitute for professional advice.

2.4 The accuracy and usefulness of the Service's outputs depend materially on the accuracy and completeness of the information and assumptions entered by users or supplied by third parties, together with the calculation methodology implemented by the Service at the time of use. The Company does not independently verify user inputs or third-party data.

2.5 You acknowledge that the Service is a decision-support tool and that all financial decisions based on or influenced by the Service's outputs should be validated with qualified professional advisers before any commitment is made.

2.6 Asset Procure provides indicative business economic comparison and decision-support tools. The Service does not arrange, broker, introduce, offer or facilitate entry into finance agreements, recommend particular lenders or specific finance products, assess creditworthiness or affordability, or submit finance applications. Users that are lenders, brokers, resellers, advisers or other regulated businesses remain responsible for determining and complying with any regulatory obligations applicable to their own activities and their use of the Service and its outputs.

3. Calculator / Analysis Limitations

3.1 The Service provides side-by-side financial comparisons between cash purchase, standard lease, hire purchase, and subscription arrangements. The calculations are illustrative and are based on the UK tax rules and rates implemented at the time of use.

3.2 Financial outputs — including Net Present Cost (NPC), Total Cost of Ownership (Nominal), payback periods, and tax-relief schedules — are modelling results. Actual costs, tax treatment, and accounting recognition may differ materially from the Service's projections.

3.3 Tax and accounting effects shown by the Service are indicative. Actual recognition, timing, and treatment may vary according to the applicable accounting framework, the transaction structure, the organisation's tax position, and changes in legislation or HMRC practice.

3.4 VAT treatment is not independently modelled by the Service. The Service processes the figures entered by the user without separately accounting for VAT. Users must ensure that the input values they enter reflect any irrecoverable VAT relevant to their circumstances, where applicable. The Service does not determine VAT recoverability. Where VAT is fully recoverable, input values should normally be entered net of VAT.

3.5 Finance payment timing may be modelled as Standard (payment in advance) or Deferred (the first payment occurring one payment period later), as selected by the user. Rental or instalment amounts are entered by the user from the applicable finance-provider quote. The Service does not calculate or determine any pricing adjustment associated with payment deferral; any such adjustment is determined by the relevant finance provider.

3.6 For indicative Hire Purchase modelling, the total finance charge is allocated evenly across the finance term when estimating annual interest-related tax relief. This is a simplifying commercial assumption and is not a statutory accounting amortisation schedule.

3.7 You should obtain professional tax, accounting, and legal advice where the financial decision is material to your organisation.

4. Solar Assumptions

4.1 Where the Service is used to analyse a solar energy project, the Service analyses the financial effect of funding an already-proposed solar project. The Service does not recommend, endorse, or assess the technical viability of any solar installation.

4.2 Solar generation, electricity consumption, electricity prices, export tariffs, self-consumption percentages, degradation rates, and other solar performance assumptions are entered by the user and may be supplied by an installer, supplier, or other third party. The Company does not independently verify these assumptions.

4.3 Actual solar performance, energy savings, and financial benefits may differ materially from the figures shown by the Service. Solar generation, electricity prices, and on-site consumption can all vary over time.

4.4 Any reference to finance payments being covered or offset by projected energy benefits is based solely on the assumptions entered and should not be interpreted as a guarantee of future savings, system performance, or energy prices.

5. AI Functionality

5.1 The Service may include AI-assisted features, including an AI Explainer that provides contextual explanations of financial results and an AI-powered asset search function. These features are assistance tools only.

5.2 AI-generated output may be incomplete, inaccurate, or unsuitable for the user's specific circumstances. AI output does not constitute professional advice and must not be relied upon as the sole basis for any decision.

5.3 AI-assisted features provide supplementary explanation only and cannot alter the deterministic calculation results produced by the Service's calculation engine. The calculation engine remains the authoritative source for displayed calculation results.

5.4 You remain responsible for reviewing and verifying any information produced by AI features and for obtaining professional advice where the matter is material.

5.5 You must not enter unnecessary personal, confidential, or sensitive information into AI features or free-text fields. See also the Acceptable Use Policy.

6. Licence

6.1 Subject to your compliance with these Terms and any applicable Order Form or agreed Commercial Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the period for which you are entitled to access.

6.2 This licence does not include any right to sub-licence, resell, distribute, or make the Service available to third parties except as expressly permitted by your agreed Commercial Terms.

6.3 The licence is granted to the Customer organisation. Individual users within the organisation are authorised to access the Service on behalf of the Customer in accordance with these Terms and the Acceptable Use Policy.

7. Intellectual Property

7.1 The Company owns and retains all intellectual property rights in and relating to the Service, including the software, user interface and design, calculation methodology and proprietary implementation, documentation, branding, and content, subject to the rights of third-party and open-source components.

7.2 The Company does not claim ownership of generic mathematical, tax, or accounting principles, or of the user's own input data. The Company's intellectual property rights extend to its specific implementation, methodology, and expression of those principles within the Service.

7.3 You retain ownership of the information and data you enter into the Service. Nothing in these Terms transfers ownership of your data to the Company, except as expressly stated.

7.4 No licence or right is granted to you in respect of the Company's intellectual property except as expressly set out in these Terms.

8. Restrictions

You must not, and must not permit any other person to:

  • 8.1 copy, reproduce, or distribute substantial parts of the Service, its methodology, or its content, except as permitted by law or as necessary for your internal business use of the Service;
  • 8.2 resell, sub-licence, rent, lease, or commercially exploit the Service without the Company's prior written agreement;
  • 8.3 scrape, extract, or systematically collect data or content from the Service by automated means for the purpose of recreating, copying, or competing with the Service;
  • 8.4 attempt to bypass, circumvent, or disable any security, access control, or metering mechanism within the Service;
  • 8.5 reverse engineer, decompile, or disassemble the Service, except to the extent that applicable law expressly prohibits contractual restriction of such activity;
  • 8.6 attempt to recreate, reconstruct, or independently replicate the proprietary software implementation or methodology of the Service;
  • 8.7 misuse access credentials, share credentials outside authorised organisation use, or allow unauthorised persons to access the Service;
  • 8.8 interfere with the proper operation of the Service, including its servers, networks, infrastructure, or the services of any third party used in connection with the Service.

9. Customer Data / Inputs

9.1 You are responsible for the accuracy, completeness, and legality of all information you enter into the Service, including financial figures, asset details, and solar assumptions.

9.2 The Service is designed so that end-customer identity is not required for calculation metering. Metering of calculation usage is based on a cryptographic fingerprint of the calculation inputs and limited classifications, not on the raw financial data or asset names entered by the user.

9.3 You must not enter unnecessary personal, confidential, or special-category data into free-text fields, AI features, or any other input within the Service. The Service is not designed to process special-category personal data.

9.4 For details of how personal data is processed, see the Privacy Notice.

10. Charges / Commercial Models

10.1 Access to the Service may be provided under a pay-as-you-go (PAYG) model, a subscription model (Starter, Professional, or Business), a free-allowance-with-overage model, a complimentary arrangement, an unlimited arrangement, or a bespoke Enterprise arrangement, as set out in the applicable Order Form or agreed Commercial Terms between the Customer and the Company.

10.2 The specific charges, prices, included calculation credits, overage rates, and other commercial terms are governed by the applicable pricing page, Order Form or agreed Commercial Terms and are not set out in these Terms. The Company may update its commercial models and pricing from time to time; any change to the charges applicable to a Customer will take effect in accordance with the applicable Order Form or agreed Commercial Terms.

10.3 Pay-As-You-Go (PAYG): Under the PAYG model, there is no monthly base fee. A valid card or other authorised payment method is required. Usage is charged in arrears based on successful billable calculations, aggregated over the billing period rather than charged individually per calculation. The standard per-calculation rate is published on the applicable pricing page and may be varied by agreed Commercial Terms.

10.4 Starter: Under the Starter subscription, the Customer pays a monthly subscription fee by card or automatic collection. The base fee is billed in advance. Any usage in excess of the included calculation allowance is billed in arrears at the applicable overage rate.

10.5 Professional / Business: Under the Professional or Business subscription, the Customer pays a monthly subscription fee. The base fee is billed in advance. Any usage in excess of the included calculation allowance is billed in arrears at the applicable overage rate. Payment may be made by card or automatic collection, or by business invoice where offered. Invoice billing is not automatically available to all customers and may be made subject to conditions or withdrawn at the Company's discretion.

10.6 Enterprise / Funder: Enterprise and Funder arrangements are subject to bespoke Commercial Terms, normally agreed on a sales-assisted basis. Invoice or other agreed payment arrangements may apply. Enterprise arrangements are not available through self-service plan changes.

10.7 Automatic Card Collection: Where automatic or card-based billing applies, the Customer authorises the Company and its payment provider to retain an authorised payment method for recurring and off-session collection. Monthly base fees may be collected in advance and usage or overage amounts may be collected in arrears. The applicable amount is determined from the Customer's Commercial Terms and Asset Procure usage records. The Company does not store raw card or payment-instrument data; payment-instrument data is handled by the Company's payment provider (currently Stripe).

10.8 Business Invoices: Where invoice billing is offered, invoices are payable within thirty (30) days of the invoice date unless different payment terms have been agreed in writing in the applicable Commercial Terms. The Company may, where appropriate, require the Customer to provide or maintain another payment method for future service.

10.9 Taxes: All fees are exclusive of VAT and any other applicable taxes. Where VAT becomes chargeable, it will be added at the applicable rate.

10.10 For the purposes of usage metering, one calculation credit corresponds to one intentional, successful Calculate or Recalculate action under the product's current commercial model. Unsuccessful validation attempts — where the inputs do not pass validation and no calculation result is produced — are not charged and do not consume a calculation credit.

10.11 Generating or downloading a PDF report of a completed calculation does not consume an additional calculation credit.

10.12 Charges correctly generated from successful intentional calculations under the applicable commercial model are non-refundable, except where: (a) a refund is required by law; (b) the Company determines that a billing or metering error occurred; or (c) the Company expressly agrees to issue a credit or adjustment. A change of mind by a Customer or user after a calculation has been successfully completed does not give rise to an automatic entitlement to a refund or credit. Any credit or adjustment issued by the Company will be applied through the Service's usage-adjustment and settlement mechanisms and does not alter the integrity of previously settled billing records.

10.13 If a Customer wishes to dispute recorded usage or an invoice, the Customer should notify the Company promptly through the legal or billing contact channel published by the Company. Upon receiving such a notification, the Company may review the relevant usage and billing records and, where a genuine error is identified, correct it and issue an adjustment or credit as appropriate. The Company's usage and billing records are used as the operational basis for administration but are not represented as legally conclusive in the event of a genuine dispute; nothing in this clause restricts a Customer's statutory or common-law rights.

10.14 The Company may offer a limited-duration free trial of the Service to new organisations. A free trial is provided once per organisation, is organisation-wide, and is intended to allow a genuine prospective Customer to evaluate the Service. A free trial may not be renewed, extended, or re-started. The Company may prevent or terminate access where it reasonably considers that a user or organisation is attempting to obtain, or has obtained, more than one free trial, or is otherwise using the Service in a manner inconsistent with the intended purpose of the trial.

10.15 Plan Changes and Cancellation: Plan changes normally take effect at the next billing-period boundary. There is no automatic mid-cycle proration and no automatic mid-cycle refund. Cancellation takes effect at the end of the current billing period; the Service continues until that effective cancellation boundary, subject to payment status. Legitimate completed-period usage and overage remain payable. Cancellation does not extinguish outstanding invoices or amounts already due, and does not delete the organisation's account or historical records.

11. Payment / Overdue Accounts

11.1 Payment for the Service is due in accordance with the agreed Commercial Terms and any applicable invoice issued by the Company or its billing agent.

11.2 If payment is not received when due, or an automatic payment fails, the Company may restrict or suspend access to the Service until the account is brought up to date.

11.3 During any period of restriction or suspension, the Customer's existing records and previously generated results are not automatically deleted and remain accessible to the extent permitted by the Service.

11.4 Once payment is received and the account is restored to good standing, the ability to use the Service is restored.

11.5 Where an invoice is marked as uncollectible, the Company may restrict or suspend access to the Service.

11.6 Voiding of an invoice by the Company or its billing agent does not, by itself, constitute a determination that the Customer is in default of payment.

11.7 The payment and account-status policies described in this section reflect the current implementation of the Service. The Company reserves the right to update these policies in accordance with the applicable Commercial Terms and with reasonable notice to the Customer.

12. Suspension / Termination

12.1 The Company may suspend access to the Service, in whole or in part, where:

  • (a) the Customer is in payment default;
  • (b) there is a genuine security concern affecting the Service or the Customer's account;
  • (c) the Customer or its users are misusing the Service in breach of these Terms or the Acceptable Use Policy;
  • (d) the Customer is in material breach of these Terms and has failed to remedy the breach within a reasonable period of notice; or
  • (e) suspension is necessary to comply with a legal or regulatory obligation.

12.2 The Company will act reasonably and proportionately when exercising its right to suspend, and will where practicable provide notice to the Customer.

12.3 Either party may terminate access to the Service in accordance with the applicable Order Form or agreed Commercial Terms.

12.4 Upon termination, the Customer's right to access the Service ceases. Provisions of these Terms that by their nature should survive termination — including intellectual property, liability, confidentiality, and governing law — continue to apply.

13. Availability / Changes

13.1 The Company does not guarantee that the Service will be uninterrupted, continuously available, or error-free. The Service may be subject to maintenance, updates, enhancements, and changes from time to time.

13.2 The Company may update or modify the Service, including its features, calculation methodology, user interface, and documentation. Where a change materially affects the Customer's use of the Service, the Company will where practicable provide reasonable notice.

13.3 Where a material change to these Terms is required, the Company may require the Customer to accept the updated Terms before continued access to the Service is permitted.

13.4 Delivery of aspects of the Service depends on third-party technology and service providers, including hosting and platform infrastructure, payment processing, and AI infrastructure. Service availability may therefore be affected by outages, maintenance, changes, or other events outside the Company's reasonable control. The Company takes reasonable steps to select reliable providers and to restore access following any disruption, but does not guarantee uninterrupted availability of any third-party service.

14. Liability

14.1 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.

14.2 Subject to clause 14.1, and to the extent permitted by law, the Company excludes liability for:

  • (a) indirect or consequential loss or damage;
  • (b) loss of profit, revenue, business, anticipated savings, or business opportunity;
  • (c) loss of data, provided that this exclusion does not apply to liability arising from the Company's deliberate wrongdoing or negligence in respect of data the Company processes; and
  • (d) any loss arising from the Customer's or its users' reliance on the Service's outputs, including financial modelling results, tax projections, and AI-generated content.

14.3 Subject to clause 14.1, the Company's total aggregate liability arising under or in connection with these Terms, whether in contract, tort (including negligence), misrepresentation, or otherwise, shall be limited to the greater of:

  • (a) £25,000; and
  • (b) the total fees paid or payable by the Customer to the Company for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

14.3.1 This cap applies in the aggregate to all claims arising under or in connection with these Terms, so that the Company is not exposed to separate or additional caps for individual calculations, reports, or transactions. Multiple claims shall not increase the cap, and the cap is not refreshed per calculation, per report, or per invoice.

14.3.2 For the purposes of this clause, "fees paid or payable" includes all charges properly invoiced or due to the Company by the Customer for the Service during the relevant period, whether under a subscription, pay-as-you-go, overage, or other agreed commercial model, but excludes any taxes, third-party charges, or disbursements.

14.3.3 The Customer acknowledges that the limitation in this clause 14.3 is a reasonable allocation of risk between the parties reflecting the Service's nature as an indicative decision-support tool and the fees payable for it. Nothing in this clause is intended to exclude or limit any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or liability arising from fraud or fraudulent misrepresentation.

14.4 The Customer acknowledges that the Service is an indicative decision-support tool and that the Company's liability reflects the Service's nature as such.

15. Indemnity

15.1 The Customer agrees to indemnify the Company against losses, damages, costs, and expenses incurred by the Company arising from:

  • (a) unlawful content or data entered into the Service by the Customer or its users;
  • (b) unauthorised or misuse of the Service by the Customer or its users; and
  • (c) infringement of any third-party rights caused by material or data provided by the Customer or its users.

15.2 This indemnity is limited to losses arising from the Customer's or its users' acts or omissions and does not extend to losses caused by the Company's own negligence or wrongdoing.

16. Confidentiality

16.1 Each party will protect the other party's confidential business information received in connection with the Service, and will not disclose it to any third party except as necessary to perform its obligations or as required by law.

16.2 The obligations of confidentiality in this section apply to information that is clearly identified as confidential or that by its nature would reasonably be considered confidential, and do not apply to information that is or becomes publicly available through no breach of this obligation, was independently developed, or was lawfully received from a third party.

16.3 These confidentiality obligations survive termination of access to the Service.

17. Governing Law / Jurisdiction

17.1 These Terms and any dispute arising in connection with them are governed by the laws of England and Wales.

17.2 Subject to any mandatory rules of jurisdiction, the parties submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of or in connection with these Terms.

18. Order of Precedence

18.1 In the event of any conflict between these Terms and the applicable Order Form or agreed Commercial Terms, the Order Form or agreed Commercial Terms shall prevail in respect of commercial matters, including charges, payment terms, calculation-credit allowances, and service-level commitments.

18.2 These Terms prevail in respect of non-commercial matters, including intellectual property, liability, confidentiality, and governing law, unless the Order Form or agreed Commercial Terms expressly provides otherwise.

Contact

If you have any questions about these Terms, please contact us at: info@kaced-digital.co.uk