Terms of Service

Welcome to Shinepoint. These Terms of Service ("Terms") govern your access to and use of the Shinepoint platform, including all related services, features, and content (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

These Terms constitute a legally binding agreement between you (the "Subscriber") and Shinepoint. If you are using the Service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes your acceptance of those changes.

These Terms should be read in conjunction with our Privacy Policy, which forms part of the contractual framework governing your use of the Service.

In these Terms, the following words and expressions have the meanings set out below:

• "Service" means the Shinepoint platform and all related services, features, tools, and content provided by Shinepoint, whether accessed via the web application, APIs, or any other means.
• "Subscriber" or "You" means the business entity, sole trader, or individual who subscribes to and uses the Service, including any person who creates an account on behalf of such entity.
• "Authorised Users" means the employees, contractors, or other individuals to whom the Subscriber grants access to the Service under their account.
• "Employee Data" means the personal data of employees, workers, or other individuals that is processed through the Service on behalf of the Subscriber.
• "Content" means any data, documents, files, text, images, or other materials uploaded to, created within, or transmitted through the Service by the Subscriber or their Authorised Users.
• "Platform" means the Shinepoint web application, associated APIs, and any supporting infrastructure used to deliver the Service.

To use the Service, you must meet the following requirements:

• You must be a UK-registered business, sole trader, or other legal entity recognised under the laws of England and Wales.
• The individual registering the account must be at least 18 years of age.
• You must provide accurate, current, and complete information during the registration process, and keep such information up to date at all times.
• Each business may hold only one active Shinepoint account. Multiple accounts for the same business entity are not permitted.

The account holder is responsible for all activity that occurs under their account, including the actions of any Authorised Users. You must take reasonable steps to maintain the confidentiality of your login credentials and must notify us immediately if you suspect any unauthorised access to your account.

Shinepoint reserves the right to refuse registration, suspend, or terminate any account at its discretion if we reasonably believe that these eligibility requirements are not met or that any information provided is inaccurate or misleading.

Shinepoint provides a cloud-based platform designed to assist businesses with human resources management, compliance, document generation, employee record keeping, training tracking, leave management, and related services.

The Service is provided on an "as is" and "as available" basis. Shinepoint uses commercially reasonable efforts to maintain the quality, security, and availability of the Service, but does not guarantee that the Service will be uninterrupted, error-free, or free from defects at all times.

Shinepoint reserves the right to modify, update, enhance, or discontinue any feature or aspect of the Service at any time. Where changes materially affect the Service, we will provide reasonable advance notice. The introduction of new features may be subject to additional terms.

From time to time, Shinepoint may offer beta or preview features. Such features are provided for evaluation purposes and may be subject to additional or different terms. Beta features may be modified or withdrawn at any time without notice.

Access to the Service requires an active subscription. Subscription plans and pricing are as displayed on the Shinepoint platform at the time of purchase.

• Payment processing: All payments are processed by a third-party payment provider. By subscribing, you agree to the payment provider's terms of service. Shinepoint does not store your full payment card details.
• Billing cycle: Subscriptions are billed on the cycle selected during the subscription process (e.g., monthly or annually). The billing date is determined by the date of your initial subscription.
• Auto-renewal: Subscriptions automatically renew at the end of each billing period unless cancelled by the Subscriber before the renewal date. You may cancel your subscription at any time through the platform.
• Price changes: Shinepoint reserves the right to change subscription pricing. We will provide at least 30 days' written notice of any price increase. The new price will apply from your next billing cycle following the notice period.
• Failed payments: If a payment fails, we will attempt to collect payment again and notify you of the failure. If payment remains outstanding after a reasonable grace period, your access to the Service may be suspended until payment is received.
• Refunds: Subscriptions are non-refundable for partial billing periods, except where required by applicable law. If you cancel your subscription mid-cycle, you will retain access to the Service until the end of the current billing period.
• Free tiers and promotions: Shinepoint may, at its sole discretion, offer free tiers, trial periods, or promotional pricing. Such offers may be subject to additional terms and may be withdrawn or modified at any time.

By using the Service, you agree to the following obligations:

• You must use the Service lawfully and in accordance with all applicable laws of England and Wales, including but not limited to the UK GDPR and the Data Protection Act 2018.
• You must not upload malicious code (including viruses, trojans, worms, or any other harmful software), attempt to gain unauthorised access to any part of the Service, or interfere with the proper functioning of the platform.
• You must not use the Service to process data in violation of the UK GDPR, the Data Protection Act 2018, or any other applicable data protection legislation.
• You are responsible for the accuracy, legality, and appropriateness of all Content uploaded to or created through the Service.
• You must not resell, sublicense, distribute, or make the Service available to any third party, except to your Authorised Users as permitted under these Terms.
• You must maintain the confidentiality and security of all login credentials associated with your account. You must not share login credentials between individuals.
• You must ensure that all Authorised Users are made aware of and comply with these Terms. You are responsible for any breach of these Terms by your Authorised Users.

Shinepoint reserves the right to investigate and take appropriate action against any Subscriber who, in our sole discretion, violates these obligations. This may include suspension or termination of access to the Service.

Data protection is fundamental to the way Shinepoint operates. The following terms govern the processing of personal data through the Service:

• Roles: When you use the Service to process Employee Data, Shinepoint acts as a data processor on your behalf. You, the Subscriber, remain the data controller and are responsible for determining the purposes and means of processing Employee Data.
• Data Processing Agreement: The processing of Employee Data is governed by a Data Processing Agreement (DPA), which is available on request. The DPA sets out the specific terms under which Shinepoint processes personal data on your behalf.
• Lawful basis: You warrant that you have a lawful basis under the UK GDPR to provide Employee Data to the Service and that all necessary consents have been obtained from data subjects where required.
• Employee consent: You are responsible for informing your employees about how their personal data will be processed through the Service and for obtaining any necessary consents in accordance with applicable law.
• Breach notification: In the event of a personal data breach affecting Employee Data, Shinepoint will notify you without undue delay and in any event within the timeframe required by the UK GDPR, enabling you to meet your own notification obligations to the Information Commissioner's Office and affected data subjects.

For full details on how Shinepoint handles personal data, please refer to our Privacy Policy.

All intellectual property rights in and to the Service, including but not limited to the platform, software, design, branding, documentation, and all underlying technology, are and shall remain the exclusive property of Shinepoint or its licensors. Nothing in these Terms grants you any rights in the Service other than a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.

You retain full ownership of all Content that you upload to or create through the Service. By using the Service, you grant Shinepoint a limited, non-exclusive licence to process, store, and display your Content solely for the purpose of providing the Service to you. This licence terminates when your Content is deleted or your account is closed.

Shinepoint may use anonymised, aggregated data derived from the use of the Service for the purposes of improving the Service, conducting research, and producing statistical analysis. Such data will not identify you, your business, or any individual.

You must not:

• Copy, reproduce, modify, adapt, or create derivative works based on any part of the Service
• Reverse-engineer, decompile, or disassemble any part of the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use the Shinepoint name, logo, or branding without prior written consent

The name "Shinepoint", the Shinepoint logo, and all associated branding are trademarks of Shinepoint. Unauthorised use of these marks is strictly prohibited.

The Service may include features that use artificial intelligence to assist with document generation, provide insights, make recommendations, or suggest content. You acknowledge and agree to the following:

• All AI-generated content is provided for informational and assistive purposes only. It does not constitute legal advice, HR advice, employment law advice, or any other form of professional advice.
• You are solely responsible for reviewing, validating, and approving all AI-generated content before it is used, distributed, or relied upon in any way.
• Shinepoint does not guarantee the accuracy, completeness, timeliness, or legal compliance of any AI-generated content. AI systems may produce errors, omissions, or content that is not suitable for your specific circumstances.
• AI-generated documents, policies, and recommendations should be reviewed by qualified legal, HR, or other relevant professionals before implementation in your business.
• Shinepoint shall not be liable for any loss, damage, or adverse consequence arising from the use of AI-generated content without appropriate professional review.

The Service includes pre-built policy templates, document templates, compliance guidance, and other reference content. You acknowledge and agree to the following:

• All template and policy content is provided as a starting point and general guide only. It does not constitute legal advice or professional advice of any kind.
• Templates and policies may not be suitable for every business, sector, or set of circumstances. You are responsible for ensuring that any template or policy content you use is appropriate for your organisation and complies with applicable laws and regulations.
• You should seek independent legal advice from a qualified solicitor or employment law specialist before implementing any template or policy content in your business.
• Shinepoint is not liable for any consequences, losses, or damages arising from the use of template or policy content without appropriate professional review and customisation.
• Template content may be updated from time to time to reflect changes in law or best practice, but Shinepoint does not guarantee that all templates will be current at all times.

Please read this section carefully as it limits Shinepoint's liability to you.

To the maximum extent permitted by the laws of England and Wales:

• Cap on liability: Shinepoint's total aggregate liability to you for any and all claims arising out of or in connection with these Terms or the Service shall not exceed the total fees paid by you to Shinepoint in the 12 months immediately preceding the event giving rise to the claim.
• Exclusion of indirect losses: Shinepoint shall not be liable for any indirect, incidental, special, consequential, or punitive damages, howsoever arising, whether in contract, tort (including negligence), strict liability, or otherwise.
• Specific exclusions: Without limiting the foregoing, Shinepoint shall not be liable for any loss of profits, loss of revenue, loss of data, loss of business, loss of goodwill, loss of anticipated savings, or any business interruption, whether direct or indirect.
• Decisions and reliance: Shinepoint is not liable for any decisions made or actions taken by you or any third party based on information, content, documents, or recommendations provided by or through the Service.

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by the laws of England and Wales

The Service is not a substitute for professional legal, HR, employment law, or other specialist advice. You should always seek qualified professional advice appropriate to your circumstances.

You agree to indemnify, defend, and hold harmless Shinepoint, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of any provision of these Terms
• Your violation of any applicable law, regulation, or statutory requirement
• Any Content uploaded by you or your Authorised Users that infringes the intellectual property rights, privacy rights, or other rights of any third party
• Your misuse of Employee Data or failure to comply with data protection legislation, including the UK GDPR and the Data Protection Act 2018
• Your use of AI-generated content, template content, or policy content without obtaining appropriate professional review and advice
• Any claim brought by an Authorised User, employee, or third party arising from your use of the Service

This indemnification obligation shall survive the termination or expiry of these Terms and your use of the Service.

Termination by Either Party

Either party may terminate these Terms by providing 30 days' written notice to the other party. The Subscriber may cancel their subscription at any time through the platform. Shinepoint may send termination notices to the email address associated with the Subscriber's account.

Immediate Termination or Suspension by Shinepoint

Shinepoint may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach any material provision of these Terms
• Payment remains outstanding after the expiry of a reasonable grace period
• You engage in any illegal activity or activity that we reasonably believe to be unlawful
• Your use of the Service threatens the security, integrity, or availability of the Service for other users

Effect of Termination

Upon termination of your account, you may request an export of your data within 30 days of the termination date. Shinepoint will provide your data in a commonly used electronic format.

After 30 days following termination, Shinepoint reserves the right to permanently delete all Content and data associated with your account. It is your responsibility to request a data export within this period.

Surviving Provisions

The following sections shall survive the termination or expiry of these Terms: Intellectual Property (Section 8), Limitation of Liability (Section 11), Indemnification (Section 12), Governing Law and Dispute Resolution (Section 17), and any other provisions which by their nature should survive termination.

Shinepoint uses commercially reasonable efforts to maintain the availability of the Service. However, you acknowledge that:

• The Service may be temporarily unavailable for scheduled maintenance. Where possible, we will provide reasonable advance notice of planned maintenance windows.
• No guaranteed uptime percentage is provided unless a separate Service Level Agreement (SLA) has been agreed in writing between the parties.
• Shinepoint shall not be liable for any failure or delay in providing the Service caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of government, power failures, internet or telecommunications failures, cyber attacks, pandemics, industrial action, or other force majeure events.

Shinepoint reserves the right to update, amend, or modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of these Terms.
• For material changes that significantly affect your rights or obligations, we will provide at least 30 days' notice via email to the address associated with your account or through a prominent notification within the platform.
• Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
• If you do not agree with the changes, you must stop using the Service and may terminate your account in accordance with Section 13.

We encourage you to review these Terms periodically. Non-material changes (such as corrections to typographical errors or formatting adjustments) may be made without prior notice.

Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Shinepoint with respect to the Service. They supersede all prior agreements, representations, and understandings, whether written or oral.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms and the remaining provisions shall continue in full force and effect.

Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the waiving party.

Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Shinepoint. Shinepoint may assign its rights and obligations under these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

Third-Party Rights

These Terms are made for the benefit of the parties to them and are not intended to benefit, nor shall they be enforceable by, any third party. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

Notices

Notices to the Subscriber shall be sent to the email address associated with the Subscriber's account. Notices to Shinepoint should be sent to support@shinepoint.co.uk.

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute amicably through good faith negotiation. If a dispute cannot be resolved through negotiation within 30 days, either party may commence proceedings.

Nothing in this section shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction where it is necessary to protect that party's rights or interests.

If you have any questions about these Terms of Service, please contact us using the details below:

See also our Privacy Policy for information on how we handle your personal data.