1. These terms
1.1. These Product Terms govern the sale and purchase of all ModelPro financial model products (collectively “Products”) available on our website at modelpro.finance (the “Website”). By ticking the box when placing an order for our Products, you agree to be bound by these Product Terms on behalf of yourself and your company or organisation.
1.2. Any reference in these Product Terms to “us”, “we”, “our” or “ModelPro” means ModelPro Limited, a company registered in England under company number 15215772 with its registered address at 1 The Willows, Mill Farm Courtyard, Beachampton, Milton Keynes, Bucks, MK19 6DS.
2. Product license
2.1. ModelPro owns all right, title and interest in the Products, including all intellectual property rights subsisting in or relating to the Products and the ModelPro brand.
2.2. When you purchase a ModelPro Product, upon receipt of full payment we grant you a non-exclusive, non-transferable licence to use that Product on the following terms.
2.3. You may only use the Product for personal use or within your company or organisation for the following purposes: financial modelling, business planning, budgeting and fundraising (the “Permitted Purposes”). You may not use the Product for any other purpose without our prior written consent.
2.4. All our Products are unlocked and fully editable. You may modify and adapt the Product to meet your needs as you see fit.
2.5. You may share the Product within your company or organisation and with third parties only as necessary for the Permitted Purposes. You may not share the Product beyond this with any third party without our prior written consent.
2.6. You may not sell, license, sub-license or otherwise make the Product (or any modified or improved versions of the Product) available to any third party. Any third party will need to purchase the Product from us separately.
2.7. You are always welcome to provide feedback or suggested improvements to the Products (collectively “Feedback”). To the extent you do so, you hereby grant us a non-exclusive, royalty-free, worldwide, unlimited, perpetual licence to use and incorporate such Feedback into our Products.
2.8. The price of the Product includes an onboarding call of up to 45 minutes, and up to 2 hours of support time in order to customise your Product and help you get started. If you require any additional support, bespoke modelling, alterations or other supporting services relating to the Products beyond this, please contact us at hello@modelpro.finance. Any such services will be governed by a separate services agreement which will be entered into at the time of you placing an order for those services.
3. Liability
3.1. The Products are provided as financial model templates, designed to assist you by providing a starting point for the Permitted Purposes. You understand the Products will be used, adapted and amended by you for your own specific situation and all usage of the Products is beyond ModelPro’s control. ModelPro provides no guarantee of the accuracy of the Products or of any particular outcome from use of the Products. Accordingly, ModelPro hereby excludes any liability for any usage of the Products by you or on your behalf, including any reliance on, sharing or onward usage of, the Products or use of the Products in any context.
3.2. You should seek your own financial, legal and tax advice in relation to any financial decisions relating to your company or organisation. ModelPro is not a financial, tax or legal advisor and the Products are not intended to be relied upon for financial, tax or legal compliance – only to assist in modelling and projection for business purposes. Accordingly, the Products are provided on an “as-is” basis and without warranties of any kind. To the fullest extent permitted by law, all express or implied warranties in respect of the Products are hereby excluded. For the avoidance of doubt, we make no warranties in respect of fitness for purpose, non-infringement, originality or merchantability.
3.3. Nothing in these Product Terms intends to exclude or limit any liability for fraud or for any other liability which cannot lawfully be excluded or limited.
3.4. Subject to clause 3.3, ModelPro’s total aggregate liability to you in respect of the Products or otherwise in relation to these Product Terms, whether arising in contract, tort (including negligence) or otherwise shall be limited to the purchase price received by ModelPro in respect of the Product.
3.5. Subject to clause 3.3, ModelPro shall not be liable to you for any: (a) loss of revenue, profits, fundraising or investment; (b) loss or corruption of data; (c) loss of opportunity, sales, business or contracts; (d) loss of anticipated savings; (e) loss of goodwill or reputation; (f) losses you could have avoided by acting reasonably and in accordance with good business practice; or (g) indirect, consequential, exemplary or special losses.
4. Order and payment
4.1. All prices quoted on our Website are in British Pounds Sterling (GBP) and are inclusive of VAT (where applicable) or any other sales taxes that may be due or payable by you in respect of the Products.
4.2. We will take full payment from you at the time of placing your order for the Product, using the payment details you provided. We reserve the right to obtain validation of your payment before accepting your order. In the unlikely event your order is rejected or fails for any reason after we have taken payment, you will receive a full refund.
5. No refunds
5.1. Where you are purchasing the Products as a consumer (i.e. you are obtaining the product for use in no way in relation to a business of any kind), you hereby acknowledge that the Product is digital content and therefore once you have downloaded it, you will waive your statutory “cooling off period” right to change your mind, return the Product and obtain a refund. We do not offer refunds in any circumstances, unless expressly agreed in writing by ModelPro.
6. Indemnity
6.1. You hereby indemnify and hold harmless ModelPro, our directors, shareholders, employees, contractors and other personnel (collectively, the “ModelPro Parties”) against any losses, damages or other expenses (including legal and professional advisory fees) incurred or suffered by the ModelPro Parties: (a) as a result of any breach by you of these Product Terms; and (b) in relation to or arising from any reliance on, or usage of, the Products by you or on your behalf, or by any third party.
7. Data privacy
7.1. In purchasing a Product, or otherwise interacting with ModelPro, you may provide or we may collect certain personal data. The details of personal data provided and how we use it are set out in our Privacy notice.
8. Other terms
8.1. If you have any complaints or queries about the Products, or would otherwise like to get in touch with us, please contact us at hello@modelpro.finance.
8.2. If any provision of these Product Terms is held to be void or otherwise unenforceable by a court of competent jurisdiction (from whose decision no appeal is made within the applicable time limit), then the provision shall be deleted and the remaining provisions of these Product Terms shall continue in full force and effect.
8.3. These Product Terms constitute the entire agreement and understanding between us and you in relation to the Products. You acknowledge that you are not relying on any statement, representation, warranty or other provision except for the words set out in these Product Terms.
8.4. Except as expressly set forth in these Product Terms, we do not grant to you or any other party by implication, estoppel or otherwise, any right, title, licence or interest in any intellectual property right.
8.5. The Contracts (Rights of Third Parties) Act 1999 and any legislation amending or replacing this Act shall not apply in relation to these Product Terms and nothing in these Product Terms shall confer on any third party the right to enforce any of them.
8.6. These Product Terms are governed by English law. Any dispute or legal action arising from or in relation to the Products or these Product Terms shall be determined by the courts of England.