Terms of Service

ClearFact is a trading name of Creobyte Ltd, registered in England and Wales (company number 17228907), with a registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

1. Agreement to Terms

By accessing or using the ClearFact CRM and Client Portal (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Service.

These Terms apply to all users of the platform, including financial advisers, mortgage brokers, administrators, and any team members added to your account (“Users”).

2. The Service

ClearFact provides a cloud-based CRM, client portal, document management, and fact-find platform designed for UK financial advisers and mortgage brokers. We are a technology provider only. We are not a financial services firm and we do not provide regulated financial advice.

3. Your Responsibilities

By using the Service you confirm that:

• You are authorised by the Financial Conduct Authority (FCA) or are acting under an appropriate FCA-authorised network, and hold all necessary permissions to conduct the regulated activities for which you use this platform
• You have obtained all necessary lawful consents to upload, process, and store your clients’ personal data within the Service, in compliance with UK GDPR and the Data Protection Act 2018
• You are solely responsible for your own FCA compliance obligations. ClearFact is a technology tool and does not monitor, audit, or guarantee your regulatory compliance
• You will maintain the confidentiality of your account credentials and are responsible for all activity under your account
• You will not use the Service for any unlawful, fraudulent, or harmful purpose
• You will not attempt to reverse engineer, copy, or resell any part of the Service without our express written permission

4. Subscriptions and Billing

Free Trial: New accounts receive a 7-day free trial with access to all core features and 5 SMS credits to try client text notifications. No credit card is required to start a trial.

Paid Plans: Following the trial period, continued use requires a paid subscription. Current pricing is available at clearfact.co.uk/pricing.

Founders Rate: A limited number of Founders Rate subscriptions are available at £50/month, locked for life. Once this allocation is exhausted, new subscribers will be charged at the standard Core rate.

Billing: Subscriptions are billed monthly in advance. All payments are processed securely via Stripe. We do not store your full payment card details.

SMS Credits: SMS notifications are available via credit top-up, billed as one-time charges at the prevailing rate shown in your account.

Cancellation: You may cancel your subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial months of service.

Price Changes: We will provide at least 30 days’ notice of any price increases to existing subscribers.

5. Data and Privacy

Your use of the Service is subject to our Privacy Policy and our Data Processing Agreement, both of which form part of these Terms.

By accepting these Terms, you also enter into our Data Processing Agreement as the Data Controller, with Creobyte Ltd acting as Data Processor in respect of your clients’ personal data.

6. Availability and Support

We aim to maintain platform availability of 99.5% measured monthly, excluding scheduled maintenance. Scheduled maintenance will be communicated via email and in-app notification with at least 24 hours’ notice where possible.

Support is available via the in-app support ticket system and at [email protected]. We aim to respond to all support requests within 1 business day.

7. Intellectual Property

All intellectual property rights in the Service, including software, design, content, and documentation, are owned by Creobyte Ltd. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

Your data and your clients’ data remain your property at all times.

8. Limitation of Liability

To the maximum extent permitted by applicable UK law, Creobyte Ltd shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunity
• Any losses arising from your failure to comply with FCA or other regulatory obligations
• Any losses arising from third-party service disruptions (including AWS, Stripe, or telecommunications providers)

Our total aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total subscription fees paid by you in the three months preceding the claim.

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

9. Termination

We reserve the right to suspend or terminate your account immediately and without notice if:

• You breach any of these Terms
• We reasonably suspect fraudulent, abusive, or illegal activity on your account
• You fail to pay any amounts due

Upon termination, your right to access the Service ceases immediately. Your data will be retained for 30 days following termination, during which you may request an export. After 30 days, all data is permanently deleted.

You may terminate your account at any time via account settings.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

11. Governing Law and Disputes

These Terms are governed by the laws of Scotland. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Scottish courts.

12. Contact

Creobyte Ltd (trading as ClearFact)

71-75 Shelton Street, Covent Garden, London, WC2H 9JQ

Company number: 17228907

Email: [email protected]