Launchpad Pro — Terms of Service

Provided by EARLY DART LTD

Version 1.0 — Last updated: 13 September 2026

Important — please read

These Terms of Service (“Terms”) govern your subscription to and use of Launchpad Pro. By completing registration, creating an Account, or accessing or using the Platform, you confirm that:

1. you have read, understood and agree to be bound by these Terms;
2. you are at least 18 years old and have legal capacity to enter into a binding contract;
3. the information you have given us on registration is true, accurate and complete; and
4. where you are accepting these Terms on behalf of a business, you have authority to bind that business.

If you do not agree to these Terms, do not create an Account and do not use the Platform.

These Terms, together with our Privacy Policy, Data Processing Agreement, Acceptable Use & Anti-Spam Policy and Refund & Cancellation Policy form the entire agreement between you and us in relation to the Platform (together, the “Agreement”). Where these Terms conflict with any of those documents, these Terms prevail, except that the Data Processing Agreement prevails on matters of data protection.

Nothing in these Terms affects your statutory rights. If you are contracting as a consumer (that is, wholly or mainly outside your trade, business, craft or profession), certain provisions below are modified or do not apply — see clause 20.

1. Who we are

Launchpad Pro is operated by:

EARLY DART LTD
Registered in England and Wales, company number 16156441
Registered office: Tall Trees, Beehive Lane, Moulton, Northwich, Cheshire, CW9 8NT
VAT: not currently registered for VAT (see clause 4.7)
Email: contact@earlydart.com
Telephone: 07956 980552

References to “Early Dart”, “we”, “us” or “our” mean EARLY DART LTD. References to “you” or “your” mean the individual or business that has accepted these Terms, including your employees, agents and anyone authorised to act on your behalf.

Launchpad Pro is delivered using licensed third-party software infrastructure. We are the sole party contracting with you. You have no contractual relationship with our infrastructure providers and must direct all queries, support requests and disputes to us. Our current infrastructure and sub-processors are listed at earlydart.com/legal/sub-processors.

2. The Platform and your Account

2.1 What we provide

We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for your internal business purposes and, where your plan expressly permits, to make Sub-Accounts available to your own clients, for the duration of your subscription and subject to your compliance with the Agreement.

2.2 Account ownership

The Platform is intended for business use. Where you accept these Terms personally, you own the Account. Where you accept on behalf of a business, that business owns the Account.

If there is a dispute about who owns an Account, we may ask for documentation to help us establish ownership. We will act reasonably and in good faith, but we are not an arbitrator and we are not obliged to resolve ownership disputes. In deciding, we may consider: who has consistently paid the Fees; who created the Account; incorporation or registration documents; any court order or settlement agreement; and any other evidence we reasonably consider relevant. If ownership cannot reasonably be established we may suspend the Account until the parties reach written agreement or a court of competent jurisdiction resolves the matter.

2.3 Login credentials and security

You are responsible for keeping your login credentials confidential and for all activity under your Account, whether or not authorised by you. You must notify us without undue delay of any unauthorised access, use or other security breach.

You must implement the security measures we make available or recommend, including enabling two-factor authentication on your Account and on all associated user accounts. We will not be liable for loss arising from a security incident that results from your failure, or your users’ failure, to implement those measures — save that this does not limit our own obligations under the Data Processing Agreement or under UK data protection law.

Accounts are not transferable without our prior written consent.

You permit us to access and monitor your Account and your Sub-Accounts where reasonably necessary to provide support, maintain security, perform our obligations under the Agreement, or enforce the Agreement.

2.4 Intended use

You may use the Platform only for lawful purposes and in accordance with the Agreement. You must not, and must not permit your users or clients to, engage in any Prohibited Use (see Schedule 1 — Acceptable Use & Code of Conduct).

You represent and warrant that:

1. you and your clients hold all licences, permissions, consents and authorisations necessary to perform your obligations under the Agreement;
2. you are responsible for the acts and omissions of your employees, agents, contractors and clients in their use of the Platform;
3. you will not misrepresent the Platform or the Services;
4. where you provide Sub-Accounts to clients, you will require those clients to accept terms at least as protective as these Terms and a privacy policy at least as protective as ours;
5. you own or control all rights in content you provide to us, including any code supplied to customise the Platform;
6. you will cooperate reasonably with requests for information from law enforcement, regulators or telecommunications providers;
7. you will not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, underlying structure, ideas or algorithms of the Platform, save to the extent such restriction is prohibited by section 50B or 50BA of the Copyright, Designs and Patents Act 1988;
8. you will not modify, translate or create derivative works of the Platform except as we expressly permit; and
9. you will not remove or obscure any proprietary notices.

2.5 Your compliance responsibilities

You are solely responsible for your use of the Platform, including:

1. the quality, accuracy and integrity of the data you put into it;
2. holding appropriate insurance;
3. compliance with all applicable law, including the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), the Consumer Protection from Unfair Trading Regulations 2008 and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024, the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Equality Act 2010 (including website accessibility obligations), PCI DSS, and all applicable tax law; and
4. determining, calculating, collecting, reporting and paying all taxes arising from your business and your transactions with your clients.

We provide technology tools only. We do not provide legal, tax, accounting, regulatory or other professional advice, and we do not represent that your use of the Platform will make you compliant with any law.

2.6 Data protection roles

Where we process personal data on your behalf through the Platform, you are the controller and we are the processor. Where you are yourself a processor for your own clients, we act as your sub-processor. The Data Processing Agreement governs that processing and forms part of the Agreement.

In relation to your Account and billing information, and our own marketing and website, we act as controller. Our Privacy Policy explains that processing.

You remain responsible for:

1. providing privacy information to, and obtaining any necessary consent or other lawful basis from, the individuals whose data you put into the Platform;
2. receiving, logging and responding to data subject rights requests from your clients and their contacts within the statutory timeframes. Where we receive such a request directly, we will refer it to you and you must respond promptly. We will assist you as set out in the Data Processing Agreement;
3. determining whether an incident triggers a notification obligation to the ICO or to affected individuals, making any required notification within the statutory deadline (72 hours to the ICO where applicable), and bearing the cost of doing so. We will notify you of any personal data breach affecting your data without undue delay and in any event within 24 hours of becoming aware of it, so that you can meet your own deadlines; and
4. setting and applying retention periods, and deleting or anonymising personal data when it is no longer needed.

2.7 Communications features

The Platform includes SMS, MMS, email, voice and similar communications features. Usage-based charges (“Communication Charges”) apply to these and will be added to your invoice or drawn from your wallet balance.

On cancellation or termination of your Account, telephone numbers we have procured on your behalf will be released within 14 days. Where a client has ported an external number into their Sub-Account, that number belongs to the Sub-Account holder and we will release it to them on request following cancellation or termination of your Account.

2.8 Third-party services

You may connect third-party services to the Platform. You are responsible for enabling and managing each integration. By doing so, you authorise us to share your data with that provider to the extent necessary to make the integration work, and you confirm you have the necessary rights and consents to do so.

We do not control third-party services, do not guarantee their availability, interoperability or continued support, and give no warranty about them. Your use of a third-party service is governed by your agreement with that provider. To the extent permitted by law, we are not liable for the acts, omissions, outages or data handling of third-party providers. This does not exclude our liability where we have selected and engaged a provider as our own sub-processor — in that case the Data Processing Agreement applies.

If you pause or delete parts of your Account, some features and third-party services (such as telephone numbers or email services) may not be recoverable on reactivation. Where your Account is paused for more than 30 days and we continue to incur third-party costs on your behalf, we may release those resources on giving you reasonable notice.

2.9 Our role in your communications

We are a technology platform and communications enabler. We do not initiate, create, send or control the content, timing or recipients of your communications. All communications sent using the Platform are created and initiated by you or your clients.

For the purposes of PECR, the UK GDPR and consumer protection law, you — not us — are the sender, the caller, the advertiser and the data controller in respect of every communication you send using the Platform.

2.10 Your marketing and telecoms compliance obligations

You are exclusively responsible for compliance with all law governing electronic marketing and communications, including:

• PECR — in particular regulations 19–24 (automated calling systems, faxes, direct marketing by electronic mail, the “soft opt-in”, and the requirement to identify the sender and provide a valid opt-out);
• the UK GDPR and Data Protection Act 2018;
• the Telephone Preference Service (TPS) and Corporate Telephone Preference Service (CTPS) screening obligations under regulation 21 of PECR;
• Ofcom rules on silent and abandoned calls, calling line identification (CLI) presentation, and number use;
• the Mobile Ecosystem Forum (MEF) Code of Practice and UK mobile network operator rules on A2P SMS, including alphanumeric sender ID registration and short code requirements;
• the Consumer Protection from Unfair Trading Regulations 2008 and the Digital Markets, Competition and Consumers Act 2024 (including the banned practices list and rules on drip pricing and fake reviews);
• the Financial Services and Markets Act 2000 financial promotion restriction, where relevant to your sector; and
• the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).

You represent and warrant that you have obtained all consents, permissions and authorisations required before contacting any recipient using the Platform, that you will not contact anyone who has not given the level of consent required by law, and that you maintain accurate and complete records of consent. You must screen against the TPS and CTPS where regulation 21 of PECR applies.

You are solely responsible for the content of all communications sent through the Platform, including any claim of misleading advertising, privacy breach or other unlawful conduct.

Any compliance-related features in the Platform are provided for your convenience only. They are not legal advice and their presence does not guarantee compliance. You are responsible for configuring and using them correctly.

These obligations survive termination of the Agreement.

2.11 Fair use

Plans described as “unlimited” are subject to fair use. If we reasonably determine that your usage is excessive or abusive, or is materially degrading the Platform for other users, we may — on giving you reasonable notice where practicable — throttle, pause or suspend your usage, or ask you to move to a plan appropriate to your usage. We will not charge you for a plan you have not agreed to.

Trials are for evaluation and are not intended to be taken consecutively. If we find you are taking back-to-back trials to avoid paying, we may suspend or terminate your access.

2.12 Changes to the Platform

We may update or change the Platform, including in ways that affect how features previously worked. Your subscription is not contingent on the future delivery of any particular feature. Where we intend to remove or materially degrade a feature you are actively using, we will give you at least 30 days’ notice, and if the change is materially detrimental to you, you may terminate on written notice and receive a pro-rata refund of any prepaid Fees for the unused period.

2.13 Sanctions and export control

You must not use the Platform if you are, or are owned or controlled by a person who is, a designated person under the Sanctions and Anti-Money Laundering Act 2018, the UK Sanctions List maintained by the Foreign, Commonwealth & Development Office, or the consolidated list maintained by the Office of Financial Sanctions Implementation (OFSI). You must not use the Platform in or for the benefit of any territory subject to UK, EU, US or UN comprehensive sanctions.

You must comply with the Export Control Order 2008 and the Export Control Act 2002, and with any US export control laws applicable to the underlying infrastructure. We may terminate the Account of any user we determine to be a prohibited end user, without liability.

2.14 Artificial intelligence features

Before using any AI feature, you must ensure that doing so is lawful in your jurisdiction. Your use of AI features is subject to Schedule 2 — Artificial Intelligence Acceptable Use Policy and Disclaimers.

2.15 Domain names

Where the Platform allows you to buy or transfer a domain name, that service is provided through a third-party registrar.

Purchases. Where we facilitate a purchase, we may be recorded as registrant or administrative contact. You must use the domain lawfully and in accordance with the Agreement. You authorise us to act as your agent in matters relating to the domain, including transfer, suspension, removal, cancellation or settlement of disputes. Where we receive a cease and desist letter or a UDRP or Nominet DRS complaint alleging that your domain infringes a third party’s rights, you authorise us to settle the matter — which may include transferring the domain — after giving you reasonable notice and a reasonable opportunity to respond.

Transfers in. We will deduct the transfer fee from your wallet and initiate the transfer. We will refund the fee to your wallet only where the transfer fails after your wallet has been charged, or where you cancel at the losing registrar within five days of initiating. We are not responsible for disruption to email, hosting or other services caused by a transfer. Domains transferred to us will be set to auto-renew approximately 30–60 days before expiry, with the renewal fee deducted from your wallet. We may accept or decline a transfer request at our discretion, acting reasonably.

Nameservers. Domains registered or transferred through the Platform must use the nameservers required by our registrar. To use different nameservers, you must transfer the domain away.

2.16 Client Sub-Account transfers

We will not action a Sub-Account transfer request made by your client unless you have approved it through our in-app transfer process. We will action a transfer without your approval only where all of the following apply: (a) the client has sought your approval through the in-app process; (b) you have not responded for at least 30 days; and (c) either your Account has been cancelled or force-cancelled for non-payment and not reactivated within 30 days, or your Account has been suspended or terminated for breach.

2.17 Security testing

You must not conduct penetration testing, vulnerability scanning, security assessment or probing of the Platform or our systems without our prior written agreement. We do not operate a paid bug bounty programme. To report a vulnerability responsibly, email contact@earlydart.com. We will not pursue legal action against researchers who report in good faith, act proportionately, do not access or exfiltrate other users’ data, and give us reasonable time to remediate before disclosure.

2.18 E-commerce and selling through the Platform

You are the seller of record and the trader for everything you sell through the Platform. We are not a marketplace and are not party to any contract of sale between you and your customer.

You are solely responsible for: product descriptions and pricing; all tax determination, collection, reporting and payment; defects; required legal disclosures; regulatory compliance; refunds, returns, cancellations and chargebacks; order fulfilment; and customer service. You must display accurate business identity information, a refund and cancellation policy, and fulfilment timelines on your store, as required by the Companies Act 2006 (section 1064 and the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015), the Electronic Commerce (EC Directive) Regulations 2002, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.

We do not screen your materials in advance, but we may review and remove any material that breaches the Agreement or Schedule 1. We do not issue refunds to your customers.

We may supply the Platform to your competitors and make no promise of exclusivity.

2.19 Tax calculation features

Any tax calculation features are optional tools provided for convenience. They are not tax advice and do not guarantee compliance with VAT or any other tax law. You remain solely responsible for determining your tax obligations, checking the accuracy of calculations, and registering, collecting, reporting and paying all taxes due. Where tax features are provided by a third party, that provider’s terms also apply.

2.20 Data migration

We may offer to help migrate your data from another platform. If we do:

1. you confirm you have the right to give us access to your external accounts and to authorise the transfer;
2. you are responsible for providing the necessary credentials and information, and we are not liable for a failed or incomplete migration caused by your failure to do so;
3. timescales are estimates only;
4. we may require a separate statement of work, or decline, for unusually large or complex migrations; and
5. we do not guarantee that integrations, automations, workflows or data relationships will be preserved. You are responsible for verifying completeness and re-establishing integrations after migration.

3. White-labelling and resale

This clause applies only if your plan permits you to white-label and resell access to the Platform.

3.1 Licence

Subject to your continued compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, revocable licence to rebrand and resell access to the Platform under your own brand, including applying your name, logo, trade marks and colour scheme to your area of the Platform.

You are solely responsible for any copyright, trade mark or other intellectual property issue arising from your and your clients’ branding. You acknowledge that the extent of customisation available is limited and that you may not be able to make the Platform appear independently developed. We may remove any of your modifications where they breach the Agreement or a third party’s rights, on notice where practicable.

3.2 Your liability to your clients

When you resell access, you are fully liable to your clients for their access to and use of the Platform, and you are solely responsible for resolving their disputes and enquiries. If we receive repeated credible complaints that you are not responding to legitimate client disputes or enquiries, we may — after notifying you and giving you a reasonable opportunity to remedy — suspend or terminate your Account.

3.3 Restrictions

You must not:

1. engage in illegal, deceptive, misleading or unethical practices, or disparage the Platform;
2. claim or imply that you are our employee, agent or representative;
3. direct your clients to contact our infrastructure providers for any reason, including support;
4. advertise lifetime access to the core platform for a one-time fee. Subscription fees must be charged on a recurring basis unless we agree otherwise in writing;
5. advertise access to the core platform at an effective price below the minimum price we notify to you from time to time (the “Minimum Advertised Price”). This applies to advertised prices only, not to the final price you actually charge, and does not prevent you from offering discounts to customers or telling customers that the final price may differ from the advertised price. It does not apply where minimum advertised price policies are prohibited by law; or
6. acquire, or attempt to acquire, any rights in the Platform. If you do acquire any such rights by operation of law, you assign them to us at no cost to us.

3.4 Mark-ups and pass-through charges

Where your plan permits it, you may mark up Communication Charges and other usage charges that you pass through to your clients. You are solely responsible for all pass-through charges, refunds and chargebacks relating to them, for resolving disputes with your clients about them, and for collecting and paying any VAT or other tax arising on your resale or mark-up.

3.5 Suspension of resale rights

We may suspend or terminate your resale rights on notice where you breach this clause 3 or the Agreement. Where the breach is capable of remedy, we will give you at least 14 days to remedy it before suspending, unless the breach is serious, repeated, or creates legal or security risk.

4. Fees, payment and VAT

4.1 Fees and auto-renewal

You must give us accurate and complete billing information and tell us of any change within 10 days.

Fees may include subscription fees, Communication Charges, add-on fees and other usage-based charges incurred by you and your clients. Subscription fees are billed in advance, monthly or annually depending on your plan, until cancelled.

Your subscription renews automatically and your payment method will be charged at the then-current rate unless you cancel before the renewal date. We will remind you before each annual renewal and before any price increase takes effect.

4.2 Price changes

We may change our Fees. We will give you at least 30 days’ written notice of any increase, and the increase will take effect from your next renewal date. If you do not accept the increase, you may cancel before it takes effect without penalty.

4.3 Wallet and rebilling

Your Account may include a wallet for pre-loading funds to cover usage-based charges. Usage charges, including Communication Charges, are deducted from your wallet as they are incurred.

Where you have enabled auto top-up, you authorise us to charge your payment method to replenish the wallet to your chosen amount when the balance falls below your chosen threshold. You may turn auto top-up off or change the amounts in your Account settings at any time.

If and when we become VAT registered, VAT on wallet spend will be calculated after the end of each calendar month and collected from your wallet balance. This may take your balance negative. Where your balance is negative, you authorise us to charge your payment method to clear it.

4.4 Late payment and disputes

If your payment is declined we will re-attempt for up to seven business days. If we still cannot collect, we may suspend or cancel your Account.

Interest. Where you are contracting as a business, we may charge statutory interest and compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998.

Disputed charges. You must notify us in writing within 60 days of the invoice date if you dispute a charge. You must continue to pay undisputed amounts while a dispute is being resolved. Both parties will act reasonably and in good faith to resolve the dispute promptly. If we cannot agree, either party may pursue the dispute under clause 19.

4.5 Cancellation

You may cancel your subscription at any time through your Account, by raising a support ticket, or by emailing contact@earlydart.com. Cancellation takes effect at the end of your current billing period unless you have a right to cancel sooner under clause 20 or the Refund & Cancellation Policy.

You remain responsible for Fees incurred up to the point cancellation takes effect. You are responsible for cancelling any add-on services associated with your Account.

4.6 Refunds

Refunds are governed by our Refund & Cancellation Policy, which forms part of the Agreement. In summary:

• Fees are generally non-refundable for partially used or unused subscription periods, except where a refund is required by law, where we have materially breached the Agreement, or where clause 2.12 or 20 applies.
• Pre-paid third-party services (such as advertising spend) are non-refundable once committed, though we may issue account credit at our discretion.
• Unused wallet credit will be refunded to you on request within six years of cancellation or termination. We do not forfeit your wallet balance. Promotional credits we have added at no charge have no cash value and expire as stated when issued.
• Consumers have additional statutory cancellation rights — see clause 20.

4.7 VAT and taxes

All Fees are stated exclusive of VAT. We are not currently registered for VAT and no VAT is charged. If we become registered, VAT at the prevailing rate will be charged in addition to the Fees from the date registration takes effect, and we will give you at least 30 days’ written notice before the first VAT-inclusive charge. You remain responsible for any taxes arising on your own resale or mark-up of the Services to your clients.

5. Partner (affiliate) programme

We do not currently operate a partner or referral programme for Launchpad Pro. If we introduce one, it will be governed by a separate written agreement, and nothing in these Terms entitles you to commission for referring customers to us.

6. Intellectual property

6.1 Platform content

The Platform and all content within it (excluding Your Content) belong to us or our licensors and are protected by copyright, trade mark, database right and other intellectual property rights. We grant you a personal, royalty-free, non-assignable, revocable, non-exclusive licence to access and use Platform Content for the purpose of using the Platform in accordance with the Agreement. Any other use — including reproduction, modification, distribution, republication, framing or public display — requires our prior written permission.

6.2 Our marks

“Launchpad Pro”, “Early Dart” and our related logos are our trade marks. You may not use them without our prior written permission, including as part of any company name, domain name, or in connection with any product or service we do not provide, or in any way likely to cause confusion or to disparage us.

Where you are authorised to white-label, you may remove our marks from your branded area of the Platform as permitted by clause 3.1. Otherwise, you must not remove our marks, attribution, credits or copyright notices.

You must not make false, misleading or deceptive statements about us or the Platform, or include us in comparative advertising without our prior written consent.

6.3 Your content

You retain ownership of all content, data and materials you upload or submit (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, modify (for formatting and technical purposes), transmit and display Your Content solely to the extent necessary to provide the Platform and perform our obligations under the Agreement. This licence ends when Your Content is deleted from the Platform, save for backup copies retained in accordance with the Data Processing Agreement.

You represent and warrant that: (a) you own or control all rights in Your Content and have the right to grant this licence; (b) Your Content complies with the Agreement; and (c) you are responsible for the legality, reliability, accuracy and appropriateness of Your Content.

We are not responsible for Your Content, do not endorse it, and are not liable to any third party for it. We may remove content that breaches the Agreement or Schedule 1, on notice where practicable.

6.4 Prohibited content

You must not upload, post or transmit content that:

1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, or invasive of another’s privacy, or that contains graphic sexual or violent material;
2. victimises, harasses, degrades or intimidates any person or group on the basis of a protected characteristic under the Equality Act 2010;
3. infringes any patent, trade mark, trade secret, copyright, database right, right of publicity or other intellectual property right; or
4. compromises the security of, or grants unauthorised access to, protected areas of the Platform or any other network or server.

6.5 Feedback

If you give us feedback, ideas or suggestions about the Platform, you agree that doing so is voluntary and that we may use them freely, without obligation, payment, attribution or notice to you. You grant us a perpetual, irrevocable, non-exclusive, fully paid-up, royalty-free licence to use, reproduce, adapt and exploit that feedback for any purpose. To the extent permitted by law, you waive your moral rights in feedback under Chapter IV of the Copyright, Designs and Patents Act 1988.

6.6 Copyright infringement — notice and takedown

We operate a notice-and-takedown procedure under the Copyright, Designs and Patents Act 1988 and the Electronic Commerce (EC Directive) Regulations 2002.

If you believe content on the Platform infringes your copyright or other intellectual property right, send a notice to contact@earlydart.com marked “IP Infringement Notice”, including:

• your name, postal address, telephone number and email address;
• identification of the work you say has been infringed;
• identification of, and a link to, the allegedly infringing material, with enough detail for us to locate it;
• a statement that you have a good faith belief that the use is not authorised by the rights holder, its agent or the law;
• a statement that the information in your notice is accurate; and
• a statement that you are the rights holder or authorised to act on the rights holder’s behalf, and your electronic or physical signature.

On receipt of a valid notice we will notify the person who posted the material and will act expeditiously to remove or disable access to it where appropriate. That person may submit a counter-notice containing: their signature; identification of the removed material and where it appeared; a statement of their good faith belief that it was removed as a result of mistake or misidentification; their name, address, telephone number and email; and a statement that they consent to the jurisdiction of the courts of England and Wales and will accept service from the complainant.

On receipt of a valid counter-notice we will send a copy to the complainant. Unless the complainant issues and serves proceedings in a court of competent jurisdiction within 14 days, we may restore the material at our discretion.

We may reject any notice that is incomplete, abusive or not submitted through the proper channel. Knowingly making a materially false statement in a notice or counter-notice may give rise to liability.

6.7 Usage data

We may collect and analyse technical and statistical data generated by the operation of the Platform (“Usage Data”), and we own that Usage Data. Where we disclose Usage Data externally, we will do so only in aggregated and anonymised form that does not identify you, your clients or any individual and from which no third party could reasonably identify them. We process Usage Data in accordance with our Privacy Policy and the Data Processing Agreement.

7. Warranties and disclaimers

7.1 Our commitment

We warrant that we will provide the Platform with reasonable care and skill, in accordance with the Agreement, and in substantial conformity with the documentation we make available. This warranty is in addition to, and does not limit, the statutory rights implied by the Supply of Goods and Services Act 1982 and (for consumers) the Consumer Rights Act 2015.

7.2 No guarantee of results

We do not guarantee that your business will be profitable or that you will make money using the Platform. We are not offering a business opportunity and we make no income claims.

7.3 Disclaimers

Subject to clause 7.1 and clause 8.2, and to the extent permitted by law:

1. the Platform is provided on an “as is” and “as available” basis;
2. we do not warrant that the Platform will meet your specific requirements, be uninterrupted, timely, secure or error-free, that results obtained from it will be accurate or reliable, that any particular feature will be added, or that it will be free from all defects;
3. all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted, save that nothing in this clause excludes or limits any term that cannot lawfully be excluded, including the statutory rights of consumers under the Consumer Rights Act 2015;
4. we give no warranty in respect of any third-party service or any transaction you conduct through a third party; and
5. you acknowledge that the internet and telecommunications networks are inherently insecure and that we are not liable for interception of, or changes to, your data while in transit outside our systems — save to the extent caused by our failure to apply the security measures set out in the Data Processing Agreement.

7.4 Beta features

We may make early-release or beta features available. Beta features are provided “as is”, are not generally available, carry no service level commitment and no warranty, and may be withdrawn by either party at any time. Use of beta features is entirely at your discretion.

8. Liability

Please read this clause carefully. It limits our liability to you.

8.1 Nothing is excluded that cannot be

Nothing in the Agreement excludes or limits either party’s liability for:

1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title);
4. any liability that cannot lawfully be excluded or limited, including under the Consumer Rights Act 2015 where you are a consumer; or
5. your obligation to pay Fees properly due.

8.2 What we are not liable for

Subject to clause 8.1, and to the extent permitted by law, we are not liable to you — whether in contract, tort (including negligence), breach of statutory duty or otherwise — for any:

1. loss of profit;
2. loss of business, business opportunity, contracts or anticipated savings;
3. loss of or damage to goodwill or reputation;
4. loss or corruption of data, save to the extent caused by our breach of the Data Processing Agreement or our failure to apply the agreed technical and organisational measures; or
5. indirect or consequential loss.

8.3 Cap on liability

Subject to clauses 8.1 and 8.4, our total aggregate liability to you arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of:

1. 125% of the total Fees paid or payable by you to us in the 12 months immediately before the event giving rise to the claim; and
2. £10,000.

Where you use only free services, our total aggregate liability is limited to £100.

8.4 Data protection liability

Clause 8.3 does not limit either party’s liability for fines imposed on that party by the Information Commissioner for that party’s own breach of data protection law, or for compensation payable to a data subject under Article 82 of the UK GDPR to the extent caused by that party’s own breach.

All other liability of either party arising out of or in connection with data protection is subject to the separate cap in clause 12.4 of the Data Processing Agreement, which applies in place of clause 8.3 for those claims.

8.5 Reasonableness

The parties agree that the limits and exclusions in this clause 8 are reasonable having regard to the Fees charged, the nature of the Platform, the availability of insurance to both parties, and the allocation of risk that both parties have accepted.

8.6 Mitigation

Each party must take reasonable steps to mitigate its loss.

9. Indemnity

You will indemnify us against all losses, liabilities, damages, costs and reasonable expenses (including reasonable legal fees) that we suffer or incur arising from a third-party claim, or from regulatory action, caused by:

1. your breach of the Agreement;
2. your use of the Platform, or use by your employees, agents, clients or their contacts;
3. any communication sent using the Platform by you or your clients, including any failure to obtain or evidence consent under PECR;
4. Your Content, including any claim that it infringes a third party’s rights;
5. your breach of data protection law, including failure to provide privacy information, obtain a lawful basis, respond to data subject rights requests, apply appropriate retention, or implement appropriate security;
6. taxes arising from your activities;
7. any dispute between you and your clients, or between you and any other user; and
8. your handling of special category data, including health data, in breach of Article 9 of the UK GDPR.

We will: notify you promptly of any claim; not admit liability or settle without your consent (not to be unreasonably withheld); and give you reasonable assistance at your cost. You must not settle any claim in a way that imposes an obligation or admission on us without our written consent.

Your liability under this indemnity is not subject to the cap in clause 8.3.

10. IP infringement remedy

If the Platform is found, or we reasonably believe it is likely to be found, to infringe a third party’s intellectual property right, we may at our option: (a) obtain the right for you to continue using it; (b) modify or replace it so that it is non-infringing while retaining materially equivalent functionality; or (c) terminate your access on notice and refund a pro-rata portion of any Fees you have prepaid for the unused period.

11. Term and termination

11.1 Term

The Agreement runs for as long as you hold an Account.

11.2 Termination by you

You may terminate at any time by cancelling in accordance with clause 4.5.

11.3 Termination or suspension by us

We may suspend or terminate your access to the Platform:

1. immediately, where you have committed a material breach that is incapable of remedy, or where there is a serious and immediate risk of harm, illegality, fraud, security compromise or regulatory breach;
2. on 14 days’ written notice, where you have committed a material breach capable of remedy and have not remedied it within that period;
3. for non-payment, where clause 4.4 applies;
4. immediately, where you become insolvent, enter administration or liquidation, have a receiver appointed, or cease or threaten to cease trading; or
5. for convenience, on 60 days’ written notice, in which case we will refund a pro-rata portion of any prepaid Fees for the unused period.

Where we suspend rather than terminate, we will tell you why (unless prevented by law) and what you need to do to have the suspension lifted.

We may delete Accounts that have been inactive for 12 months or more, on giving you at least 30 days’ notice to the email address on your Account.

11.4 Effect of termination

On termination, your right to use the Platform ends immediately.

Data retention and export. We will retain your data for 90 days after termination or cancellation. During that period you may reactivate your Account or export your data. We will provide your data in a commonly used, machine-readable format on request. After 90 days we may permanently delete your data. Deletion is irreversible. We will send you a reminder at least 14 days before deletion.

11.5 Third-party users

Where you have provided a Sub-Account to a client, that client must contact you — not us — about anything relating to their Sub-Account, including termination.

11.6 Survival

Clauses that by their nature should survive termination do so, including clauses 2.10, 4 (in respect of accrued Fees), 6, 8, 9, 19 and 21.

12. Force majeure

Neither party is liable for failure or delay in performing its obligations (other than an obligation to pay money) caused by an event beyond its reasonable control, including industrial action, war, terrorism, fire, flood, epidemic, failure of utilities or telecommunications networks, cyber-attack, act of government, or failure of a third-party infrastructure provider.

The affected party must notify the other as soon as reasonably practicable. If the event continues for more than 30 days, either party may terminate on written notice, and we will refund a pro-rata portion of any prepaid Fees for the period the Platform was unavailable.

13. Waiver and severability

Our failure to enforce any provision is not a waiver of that or any other provision. If any provision is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions continue in full force.

14. Assignment

We may assign, transfer or novate our rights and obligations under the Agreement to any group company or to a purchaser of our business or assets, on giving you notice. You may not assign or transfer your rights without our prior written consent, which we will not unreasonably withhold.

15. Third-party rights

A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. This does not affect any right or remedy that exists apart from that Act.

16. Entire agreement

The Agreement is the entire agreement between us in relation to the Platform and supersedes all prior understandings, representations and agreements. Each party acknowledges that in entering into the Agreement it has not relied on any statement, representation or assurance that is not expressly set out in it — save that nothing in this clause limits liability for fraudulent misrepresentation.

Where we have entered into a separate signed agreement with you, that agreement prevails over these Terms to the extent of any conflict.

17. Changes to these Terms

We may change these Terms. Where a change is material and adverse to you, we will give you at least 30 days’ written notice by email to the address on your Account and by notice within the Platform. If you do not accept the change, you may terminate before it takes effect and we will refund a pro-rata portion of any prepaid Fees for the unused period. Continued use after the change takes effect constitutes acceptance.

Non-material changes (such as correcting typographical errors, clarifying wording, or reflecting a change in our contact details) take effect on posting.

18. Notices

Notices to us under the Agreement must be in writing and sent to contact@earlydart.com or by post to EARLY DART LTD, Tall Trees, Beehive Lane, Moulton, Northwich, Cheshire, CW9 8NT, marked for the attention of the Legal Department.

We may give you notice by email to the address on your Account, by notice within the Platform, or by post to the address on your Account. You must keep your contact details current.

We will never email you asking for your password, and you should never respond to any message that does. Report suspicious messages to contact@earlydart.com.

Legal process. Court proceedings must be served on our registered office in accordance with the Civil Procedure Rules. We do not consent to service by email, support ticket, chat, social media, telephone or text message. A courtesy copy may be sent to contact@earlydart.com for routing purposes only; this does not constitute valid service or waive any objection, defence or privilege.

19. Governing law and disputes

19.1 Governing law

The Agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by and construed in accordance with the law of England and Wales.

19.2 Jurisdiction

The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement.

If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of your home jurisdiction, and the law of that jurisdiction may apply to the extent it gives you protection that cannot be derogated from by agreement.

19.3 Escalation before proceedings

Before issuing proceedings, the parties will use reasonable endeavours to resolve the dispute by negotiation between senior representatives within 30 days of written notice of the dispute, and will consider in good faith whether mediation would be appropriate. This clause does not prevent either party from applying for urgent interim or injunctive relief.

19.4 Injunctive relief

Either party may seek injunctive or other equitable relief in respect of a breach of confidentiality or intellectual property obligations, in addition to any other remedy available at law.

19.5 Time limit for claims

Subject to clause 20, any claim arising out of or in connection with the Agreement must be brought within 12 months of the date on which the claimant became aware, or ought reasonably to have become aware, of the facts giving rise to it. This clause does not apply where you are a consumer, and does not apply to claims within clause 8.1.

20. Consumers

This clause applies only where you are a consumer — that is, acting wholly or mainly outside your trade, business, craft or profession. Sole traders and very small businesses may in some circumstances be consumers.

20.1 Your statutory rights

Nothing in the Agreement affects your rights under the Consumer Rights Act 2015, including the right to services supplied with reasonable care and skill and to digital content that is of satisfactory quality, fit for purpose and as described.

20.2 Right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel within 14 days of entering into the contract, without giving a reason.

Where you have asked us to begin supplying the service within the cancellation period, you may still cancel but must pay for what you have received up to the point of cancellation.

Where the contract is for digital content supplied other than on a tangible medium, and you have expressly consented to supply beginning before the end of the cancellation period and acknowledged that you lose your right to cancel, the right to cancel is lost once supply begins.

To cancel, tell us clearly — by email to contact@earlydart.com, or using the model cancellation form set out in the Refund & Cancellation Policy — before the 14-day period ends. We will refund you within 14 days of being told, using the same payment method you used.

20.3 Unfair terms

Any term that is unfair under Part 2 of the Consumer Rights Act 2015 is not binding on you. The following provisions do not apply to consumers: clause 8.3 (to the extent it would be unfair), clause 19.5, and clause 9 (to the extent it would impose liability disproportionate to the harm caused).

20.4 Complaints and ADR

If you have a complaint, contact us at contact@earlydart.com. We will acknowledge within 5 working days and aim to resolve within 20 working days. If we cannot resolve it and you are a consumer, you may seek independent advice from Citizens Advice (0808 223 1133 / citizensadvice.org.uk). We are not currently a member of an alternative dispute resolution scheme.

21. Definitions

Term	Meaning
Account	The account you create to access and use the Platform.
Agreement	These Terms together with the Privacy Policy, Data Processing Agreement, Acceptable Use & Anti-Spam Policy and Refund & Cancellation Policy.
Communication Charges	Usage-based charges for SMS, MMS, voice, email and similar communications services, including carrier and aggregator surcharges.
Fees	All amounts payable by you for the Platform, including subscription fees, Communication Charges and add-on fees.
Platform	Launchpad Pro, including all services, content, functionality, communication channels, software and features made available through it.
Platform Content	Content, data, features and functionality within the Platform, including text, graphics, video, logos, icons, databases, audio and images. Does not include Your Content.
Prohibited Use	The conduct described in Schedule 1.
Services	The product integrations and services we make available through the Platform, including third-party services.
Snapshot	A saved configuration of a campaign, funnel, workflow or account setup that can be copied or shared within the Platform.
Sub-Account	A subscription for one business operating under your Account.
Third-Party Service	Any website, database, network, software, application, product or service provided by a third party and made available through or connected to the Platform.
UK GDPR	The retained EU law version of Regulation (EU) 2016/679 as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018.
Your Content	Content, data or materials you or your users post, upload, submit, publish, display or transmit through the Platform or to us.

Schedule 1 — Acceptable Use & Code of Conduct

Engaging in any of the following is a material breach of the Agreement, for which we may suspend or terminate your Account in accordance with clause 11.3.

A. Unlawful and harmful use

You must not use the Platform:

• in any way that breaches any applicable law or regulation;
• in any jurisdiction that prohibits or restricts the use of artificial intelligence, where you are using AI features;
• to exploit or harm any person, or attempt to do so;
• to send, receive, upload, download or reuse any material that does not comply with the Agreement;
• to send, or procure the sending of, unlawful advertising or promotional material, including unsolicited bulk email, chain messages or spam;
• to impersonate us, our staff, another user, or any other person or entity, including by using email addresses or sender IDs associated with them;
• in any way that restricts or inhibits another person’s use or enjoyment of the Platform;
• in any way that we reasonably determine may harm other users or us, or expose either to liability.

B. Technical misuse

You must not:

• use the Platform in any way that could disable, overburden, damage or impair it, or interfere with another party’s use of it, including their ability to carry out real-time activity;
• use any robot, spider or automated process to access the Platform, including to monitor or copy material on it;
• use any manual process to monitor or copy material on the Platform for any unauthorised purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of the Platform;
• introduce any virus, trojan, worm, logic bomb or other malicious or technologically harmful material;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Platform, the servers on which it is stored, or any connected server, computer or database. Doing so may be an offence under the Computer Misuse Act 1990;
• launch a denial-of-service or distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Platform.

C. Prohibited content

You must not use the Platform in connection with:

• child sexual abuse material or any content that sexualises a child. We will report any such material to the National Crime Agency and the Internet Watch Foundation and will preserve evidence;
• sexually explicit content;
• content that is hateful, harassing, threatening or that incites violence, including content that would be an offence under the Public Order Act 1986 or the Online Safety Act 2023;
• terrorist content or content that glorifies terrorism; or
• content that infringes a third party’s intellectual property rights.

D. Fraud and abuse

You must not use the Platform to:

• promote or facilitate spam, fraud, scams, phishing or malware;
• compromise cybersecurity systems or gain unauthorised access to any user, network, computer, communications system, application or device;
• violate any person’s rights, including privacy rights under the UK GDPR and PECR;
• misappropriate confidential or personal information;
• present AI-generated output as human-generated where doing so is deceptive, or fail to disclose that a person is interacting with an AI voice or chatbot;
• run disinformation campaigns;
• generate fake grassroots support, fake reviews or fake testimonials. Fake reviews are a banned practice under the Digital Markets, Competition and Consumers Act 2024 and carry civil penalties of up to 10% of global turnover; or
• facilitate plagiarism or academic dishonesty.

E. High-risk and regulated sectors

You must not use the Platform for any of the following without holding the relevant UK licence, authorisation or permission, and without our prior written agreement:

• any illegal activity, or instructions on how to commit or facilitate a crime;
• gambling (requires a Gambling Commission licence);
• consumer credit, high-cost short-term credit or debt services (requires FCA authorisation);
• claims management (requires FCA authorisation);
• cryptoasset promotion (subject to the FCA financial promotion regime);
• automated decisions about credit, employment, education or access to public services that produce legal or similarly significant effects — see Article 22 UK GDPR;
• the provision of reserved legal activities (Legal Services Act 2007) or unregulated legal advice held out as regulated;
• the provision of medical advice or services regulated by the CQC, GMC, MHRA or equivalent;
• the provision of regulated financial advice;
• law enforcement or criminal justice decision-making;
• military, warfare or weapons development applications;
• management or operation of critical national infrastructure in energy, transport or water; or
• political campaigning or lobbying in breach of electoral law, including the Political Parties, Elections and Referendums Act 2000 and the digital imprint requirements of the Elections Act 2022.

F. Anti-spam and marketing conduct

You must comply at all times with the separate Acceptable Use & Anti-Spam Policy, which sets out your obligations in detail under PECR, the UK GDPR and the CAP Code, including consent, TPS/CTPS screening, sender identification, opt-out handling and bounce/complaint rate thresholds.

Schedule 2 — Artificial Intelligence Acceptable Use Policy and Disclaimers

Your use of any AI feature of the Platform is subject to these terms in addition to the main Terms.

1. Disclaimers and risk

Output may be inaccurate. AI and machine learning are rapidly evolving. AI features may produce output that is inaccurate, incomplete, biased, offensive or out of date. We give no warranty as to the accuracy, reliability, timeliness or appropriateness of any AI-generated output.

Not professional advice. AI output is not legal, financial, medical, tax or other professional advice. You should consult a qualified professional.

“As is”. AI features are provided on an “as is” and “as available” basis. To the extent permitted by law, we exclude all warranties in respect of them. Nothing in this schedule excludes liability that cannot lawfully be excluded, including under clause 8.1 of the Terms.

2. Your responsibilities

Review before use. You are solely responsible for reviewing, editing and validating all AI-generated output before you use, publish or distribute it. You should not rely on AI output without independent verification. You assume all risk associated with its use.

Sensitive information. You must not input special category personal data (as defined in Article 9 of the UK GDPR — including health, biometric, genetic, racial or ethnic origin, political opinions, religious beliefs, trade union membership, sex life or sexual orientation data), criminal offence data, or confidential information into AI features. Data you input may be processed by third-party AI providers listed in our sub-processor list, under their own terms.

Transparency. You must tell your customers when they are interacting with an AI voice agent or chatbot rather than a human. This is required by the transparency principle in Article 5(1)(a) UK GDPR and by the CAP Code.

Automated decision-making. You must not use AI features to make solely automated decisions producing legal or similarly significant effects about individuals without a lawful basis under Article 22 UK GDPR and appropriate safeguards, including the right to obtain human intervention.

Indemnity. In addition to clause 9 of the Terms, you will indemnify us against all claims arising from your use of AI features or any output generated by them, including claims of copyright infringement, defamation, discrimination or misinformation.

3. Prohibited AI uses

You must not use AI features:

• in any jurisdiction that prohibits or restricts their use;
• to discriminate against any person or group on the basis of a protected characteristic under the Equality Act 2010, or on grounds of religion, race, sexual orientation, sex, gender reassignment, national or ethnic origin, political belief, disability, health status, trade union membership, age, or criminal convictions;
• to generate hateful, harassing, defamatory, bullying, intimidating or violent content;
• to generate content that infringes a third party’s intellectual property rights;
• to spread misinformation or engage in fraudulent, deceptive or otherwise malicious activity;
• to generate individualised advice that would ordinarily be given by a regulated professional — medical, financial, tax or legal;
• in breach of data protection law, PCI DSS, or any intellectual property right or geographical restriction;
• in a way that damages, disables, overburdens or impairs any website, or that launches any automated system sending more requests to a server in a given period than a human could reasonably produce using a conventional browser; or
• for any Prohibited Use in Schedule 1.

You must take appropriate steps to protect the confidential and personal information of your users and customers when using AI features.

© EARLY DART LTD. Launchpad Pro is a product of EARLY DART LTD, registered in England and Wales, company number 16156441.