Terms of Use / Licence Agreement

1. About these terms

Metal Guru is provided by Bright Accounting Software Consultancy, based in Poole, Dorset, United Kingdom. By accessing or using Metal Guru, the customer agrees to these terms and confirms that the person accepting them has authority to act for the customer.

2. Licence to use Metal Guru

Subject to payment of any applicable fees and compliance with this agreement, we grant the customer a limited, non-exclusive, non-transferable and non-sublicensable right for its authorised users to access and use Metal Guru for the customer's internal business operations during the agreed subscription or service period.

The customer may not copy, resell, rent, distribute, reverse engineer or create derivative works from Metal Guru except where the law does not allow that restriction.

3. Customer responsibilities

The customer is responsible for:

• providing accurate account, business, transaction, waste, identity and compliance information;
• deciding which users may access the service and promptly removing access when no longer required;
• protecting login credentials and maintaining appropriate devices, connectivity and internal controls;
• obtaining all required notices, consents and lawful bases for personal data entered into Metal Guru;
• checking transactions, accounting entries and regulatory submissions before relying on or submitting them; and
• complying with applicable scrap metal, waste, tax, accounting, data protection and other laws.

4. Acceptable use

The customer and its users must not use Metal Guru unlawfully; infringe another person's rights; upload malicious code; attempt unauthorised access; bypass security or usage controls; disrupt the service; use it to mislead, defraud or conceal unlawful activity; or submit information they are not entitled to process.

Automated access is permitted only through interfaces and limits that we approve.

5. QuickBooks Online and DEFRA services

QuickBooks Online is provided by Intuit, and digital waste tracking or related government services are provided separately by DEFRA or other public bodies. They are third-party services governed by their own terms, privacy information, availability and technical requirements.

Metal Guru may exchange data with those services only after the customer enables and authorises the relevant connection. We do not control third-party services and are not responsible for their acts, omissions, changes, outages, charges or decisions. A change or withdrawal by a third party may affect an integration or require changes to Metal Guru.

6. Data accuracy and regulatory decisions

Metal Guru assists with recording, validating and transferring information, but it does not replace the customer's professional judgement or legal and regulatory responsibilities. Validation may identify certain missing or inconsistent fields but does not guarantee that information is complete, correct, compliant or accepted by QuickBooks, DEFRA or another recipient.

The customer remains responsible for reviewing source records, calculated weights and prices, payment details, accounting treatment, tax, waste classifications and submissions. The customer should keep any records independently required by law.

7. Availability, support and changes

We will use reasonable care and skill in providing Metal Guru but do not guarantee uninterrupted, error-free or continuously available service. Planned maintenance, urgent security work, internet failures and third-party services may affect availability.

We may update Metal Guru to improve it, maintain security, meet legal or technical requirements, or reflect changes to connected services. We will take reasonable steps to avoid materially reducing the core service during a paid term without good reason.

8. Intellectual property

Metal Guru, its software, design, documentation, branding and all related intellectual property belong to Bright Accounting Software Consultancy or its licensors. No ownership rights are transferred to the customer.

The customer retains ownership of its data and grants us the rights needed to host, process, transmit, back up and otherwise use that data to provide, secure and support the service.

9. Fees and payment

Fees, billing periods, implementation work and payment terms will be set out in the applicable proposal, order form or invoice. Unless stated otherwise, fees exclude VAT and other applicable taxes. Overdue undisputed amounts may result in interest, recovery costs or suspension after reasonable notice where permitted by law.

10. Suspension and termination

We may suspend access where reasonably necessary to protect security or the service, prevent unlawful or harmful use, address non-payment, comply with law, or respond to a material breach. Where practicable, we will give notice and an opportunity to remedy the issue.

Either party may terminate in accordance with the applicable order form. Either party may terminate for a material breach that is not remedied within a reasonable written notice period, or immediately where the breach cannot be remedied, the other party becomes insolvent, or continued service would be unlawful.

On termination, the licence ends and access may be disabled. Data export and deletion will be handled under the agreement and our Privacy Policy. Terms intended to continue, including payment, intellectual property, confidentiality and liability provisions, will survive.

11. Limitation of liability

Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

Subject to that, neither party will be liable for indirect or consequential loss, loss of profit, revenue, business, opportunity, anticipated savings, goodwill or data, except to the extent such loss cannot lawfully be excluded. The customer is responsible for appropriate checks, controls, backups and business continuity arrangements.

Subject to the first paragraph of this section, our total aggregate liability arising from Metal Guru will not exceed the fees paid or payable for Metal Guru during the 12 months immediately before the event giving rise to the claim. Any different liability terms agreed in a signed order form or service agreement will take priority.

12. General

Neither party is responsible for delay caused by events beyond its reasonable control. The customer may not assign this agreement without our written consent. If any provision is unenforceable, the remaining provisions continue. A delay in enforcing a right is not a waiver. This agreement, together with the Privacy Policy and any applicable order form, forms the entire agreement concerning Metal Guru.

13. Governing law

This agreement and any non-contractual obligations arising from it are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, unless mandatory law requires otherwise.

14. Contact us