END USER LICENSE AGREEMENT (EULA)
for the Hosted Publisure Cloud services
This End User License Agreement (“Agreement”) is entered into between Service Level Management Limited (SLM), a company incorporated in England with company number 2909019 and registered office at Broom House, 39/43 London Road, Hadleigh, Benfleet, Essex, England, SS7 2QL (“Licensor”, “we”, or “us”), and the legal entity identified in the Order Form (“Licensee”, “you”, or “your”).
This Agreement governs your use of the Publisure Cloud Hosting Platform (“Software” or “Service”) under a monthly enterprise subscription. By signing an Order Form or otherwise using the Software, you agree to be bound by this Agreement.
1. License Grant
Subject to your compliance with this Agreement, we grant you a non-perpetual, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software solely for your internal business purposes or personal use, in accordance with the Service Plan you have purchased.
Subscription Terms
- Billing: Access to the Software is provided on a monthly subscription basis. You agree to pay the subscription fee in advance on a recurring monthly basis.
- Automatic Renewal: Your subscription will automatically renew each month
- Cancellation: You may cancel your subscription at any time by providing written notice to us. Cancellation will take effect 90 days after the end of your current billing cycle. No refunds are issued for partial months.
- Fee Changes: We reserve the right to change subscription fees with at least 30 days’ notice. Continued use of the Software after such notice constitutes acceptance of the new pricing.
3. Restrictions
You shall not:
- Copy, modify, or create derivative works of the Software;
- Reverse-engineer, decompile, or attempt to extract source code;
- Lease, rent, sell, distribute, sublicense, or otherwise make the Software available to third parties;
- Use the Software for any unlawful purpose or in violation of applicable UK laws;
- Interfere with or disrupt the integrity or performance of the Service.
4. Ownership and Intellectual Property
The Software and all associated intellectual property rights are and shall remain the exclusive property of the Licensor or its licensors. No rights are granted to you other than those expressly set out in this Agreement.
5. Access.
Client will be responsible for providing its own Internet access to the Application Platform. SLM may specify reasonable procedures in the Documentation according to which Client and end users may establish and obtain such access to and use of the features and functions of the SaaS Services and Application Platform through the Internet, including, without limitation, provision of any access codes, passwords, web-sites, connectivity standards or protocols, or any other relevant procedures.
6. User Data & Data Protection
We take data protection and confidentiality seriously. Our services are designed with industry-leading security standards to ensure that your data remains safe, secure, and compliant with UK data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2025.
6.1 Data Encryption
All customer data is encrypted both in transit and at rest using strong encryption protocols (TLS 1.2+ for data in transit and AES-256 for data at rest), ensuring your information remains inaccessible to unauthorised parties.
6.2 Access Controls
Access to systems and data is strictly limited using:
- Role-based access controls (RBAC)
- Optional Multi-factor authentication (MFA)
- Strict internal permissions management
Only authorised personnel with a legitimate business need can access your data.
6.3 Data Residency & Storage
All customer data is securely stored in Microsoft Azure UK based datacentres. We ensure that your data never leaves these jurisdictions without your explicit consent.
6.4 Confidentiality Obligations
All employees and contractors are bound by confidentiality agreements and undergo regular data protection and security training to reinforce their responsibilities.
6.5 Incident Response and Breach Notification
We maintain a comprehensive incident response plan. In the unlikely event of a data breach affecting your data, we will notify you within 72 hours, in compliance with UK GDPR requirements.
6.6 Customer Data Rights
You retain full ownership of your data. We support all data subject rights under UK GDPR, including:
- Right of access
- Right to rectification
- Right to erasure
- Right to data portability
Requests can be submitted via our Data Protection Officer (DPO).
6.7 Regular Security Audits
We conduct regular penetration tests and third-party security audits to ensure our systems remain secure and resilient against evolving threats.
6.8 Limited License to use host and process your data
You grant us a limited license to use, host, and process your data solely for the purpose of providing the Service.
Please see our Privacy Policy for more details – https://publisure.com/privacy/
7. Availability and Service Levels
7.1 Service Commitment
We will use commercially reasonable efforts to ensure that the Cloud Hosting Platform is available 99.9% of the time based on hosting your application in Azure (measured monthly), excluding Scheduled Maintenance, Customer-requested downtime, and Force Majeure Events.
“Availability” refers to the ability of users to access and perform core functions of the Software, excluding latency or degraded performance.
7.2 Scheduled Maintenance
We may conduct routine or emergency maintenance from time to time. We will provide at least 72 hours’ advance notice for scheduled maintenance where possible and will aim to perform such maintenance during off-peak hours.
Scheduled maintenance windows do not count against availability calculations.
7.3 Exclusions
Downtime caused by the following will not be counted as unavailability:
- Where the Azure cloud based resource is unavailable because of issues associated with the delivery of the Azure Cloud based hosting, networking and security services provided by Microsoft.
- Acts or omissions by you or your users;
- Internet or network issues outside our control;
8. Warranty
8.1 Warranty Scope
We warrant that, for a period of 90 days from the Subscription Start Date or the delivery of access credentials (whichever is earlier) (“Warranty Period”), the Software will:
- Perform substantially in accordance with its published documentation;
- Be provided with reasonable care and skill in a professional and workmanlike manner.
This warranty only applies to the unmodified version of the Software, as delivered by us and used in accordance with the documentation and this Agreement.
8.2 Warranty Exclusions
This warranty does not cover:
- Issues caused by misuse, unauthorised modification, or third-party software/hardware;
- Failure to maintain internet connectivity or cloud resources required to run the Software;
- Beta features, free trials, or evaluation versions;
- Failure resulting from use not in accordance with the documentation.
8.3 Remedies
If the Software does not comply with this warranty, and you notify us in writing during the Warranty Period, we will, at our option and expense:
- Use reasonable efforts to correct the non-conformity, or
- Provide a replacement, or
- If we cannot remedy the issue within a reasonable time, allow you to terminate the subscription and receive a pro-rata refund of fees paid for the remaining unused portion of the current subscription month.
8.4 Disclaimer of Warranty
Except as expressly provided in this section (Warranties) to the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
This Section 6 states your exclusive remedies and our entire liability for breach of the Software warranty.
9. Standard Support
We will provide customer support as outlined in our Standard Support Policy detailed below: Support includes:
- Access to a support portal or ticketing system;
- Response time targets based on issue severity;
- Business hours coverage [Monday to Friday, 9:00–17:00 UK time], unless otherwise agreed in writing.
9.1 Service Provided
Between the hours of 0900 and 17.00 Monday to Friday (excluding Statutory and Bank Holidays) Support and Maintenance service will be provided as follows:
- Telephone Support is provided through the SLM helpdesk and is done on the basis that all the relevant customer personnel have attended an appropriate Publisure training course(s).
- All calls will be responded to in accordance with the level of severity detailed below and agreed with the customer
- SLM requires an agreed methodology to be implemented between SLM and the customer for remote access
9.2 Level of severity
Description
Severity 4 – Where issues are caused by non SLM software or environments, some advice will be given and support offered, but with no guarantee of resolution.
Severity 3 – Where a bug is raised as part of the support process, SLM will liaise with the SLM development team and provide a synopsis of the problem within 2 working days and a proposed timescale for its resolution, within a reasonable time frame.
Severity 2 – is usually if a server, network, application, database goes down which is causing a business impact to users and the business.
Severity 1 – is usually when the problem is detrimental to the business and is impacting the business directly as a result of SLM software.
9.3 Severity Response Times & Fix Times
SLM response will be related to the severity impact of the fault on the clients output. Resolution aim is, either fixing the problem, developing a work around or confirming planned resolution date and resources if beyond target time frames. If resolution for severity 1 & 2 issues is beyond planned timeframe additional SLM resources will be committed the planned resolution in the shortest time possible.
|
|
Acknowledge time
|
Resolution aim
|
Update
|
|---|---|---|---|
|
Severity 1
|
30 minutes
|
1 day
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Twice daily or as agreed to per incident
|
|
Severity 2
|
60 minutes
|
2 days
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Twice daily or as agreed to per incident
|
|
Severity 3
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4 hours
|
5 days
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Daily
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|
Severity 4
|
4 hours
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No SLA
|
No SLA
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SLM help desk system will log all issues when a ticket is raised and submitted. Each ticket will be assigned a Customer Incident Number. SLM will agree on the Incident severity in accordance with the documented severity level definitions below.
Where issues are caused by non SLM software or environments, advice will be given and support offered, but with no guarantee of resolution.
9.4 Enhanced Support Tiers
For enhanced support tiers (e.g., 24/7 support), a separate support agreement or premium plan may apply.
9.5 Scheduled Maintenance
We may carry out routine or emergency maintenance from time to time to ensure security, stability, and performance. Maintenance includes:
- Security patching
- Infrastructure upgrades
- Feature enhancements
- Performance optimisations
Where possible, we will provide at least 72 hours’ advance notice for scheduled maintenance and aim to conduct it during off-peak hours.
Scheduled maintenance windows will not count toward any availability or uptime calculations.
9.6 Software Updates and Maintenance Policy
We follow a structured Maintenance and Update Policy to manage software improvements, security updates, and deprecations. Key principles include:
- Regular security patches and bug fixes;
- Feature updates released on a rolling or versioned basis;
- Advance notice for any material changes or planned deprecations (typically 30 days unless urgent for security or compliance reasons).
Unless otherwise agreed, all updates and upgrades are included in your subscription, provided they do not require additional configuration or customisation.
10. Limitation of Liability
Our total liability for any claim under this Agreement shall not exceed the subscription costs (excluding any transactional charges for Hybrid Mail, SMS and email notifications) paid by you to us in the 12 months preceding the claim.
10.1 No Guarantee of Absolute Security
While we implement and maintain industry-standard technical and organisational security measures, including encryption, network segmentation, monitoring, and regular patching, no system can be guaranteed to be 100% secure. By using the Software, you acknowledge and accept that residual security risks may remain.
10.2 Our Responsibilities
In the event of any unauthorised access, malicious attack, or data breach affecting our infrastructure or your hosted environment, we will:
- Promptly investigate and assess the nature and scope of the incident;
- Notify you without undue delay if your data has been compromised, in compliance with the UK GDPR and other applicable laws;
- Take reasonable steps to contain, mitigate, and remediate the incident;
- Cooperate with any legal or regulatory investigations where applicable.
10.3 Limitation of Liability for Security Incidents
To the extent permitted by applicable law:
- We shall not be liable for any indirect, consequential, or incidental losses (including loss of data, reputation, business, profits, or use) arising from a security incident or cyberattack, unless the incident is caused by our gross negligence or wilful misconduct.
- Our total liability in relation to any such incident, whether in contract, tort (including negligence), or otherwise, shall be limited to the total subscription fees paid by you in the 12-month period immediately preceding the event giving rise to the claim.
- You are solely responsible for implementing appropriate backup, redundancy, and contingency planning measures within your use of the Software, including use of any data export or replication features we provide.
10.4 Force Majeure and Third-Party Factors
We shall not be liable for security incidents resulting from:
- Force Majeure Events (as defined in Section 11);
- Third-party hosting or infrastructure providers (e.g., Azure, AWS) if the breach originated within their systems;
- Your failure to implement recommended security practices, including user access control, password management, or failure to apply security patches within your managed environments.
11. Force Majeure
11.1 Definition
Neither party shall be liable for any failure or delay in performance of its obligations (except for payment obligations) under this Agreement to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to:
- Acts of God, flood, storm, earthquake, or other natural disaster;
- Epidemic or pandemic (including governmental restrictions arising from such);
- Terrorism, civil unrest, war (whether declared or not), or armed conflict;
- Governmental or regulatory actions or restrictions;
- Labour disputes, strikes, or industrial action (excluding those involving the affected party’s own workforce);
- Failures or outages of utility services, telecommunications networks, or third-party infrastructure (e.g., cloud hosting providers);
- Cyberattacks, denial-of-service attacks, or other malicious events affecting third-party infrastructure despite industry-standard protections.
These are referred to as “Force Majeure Events.”
11.2 Notification and Mitigation
The affected party must:
- Promptly notify the other party in writing upon becoming aware of the Force Majeure Event;
- Take all reasonable steps to mitigate the impact and resume full performance as soon as reasonably practicable.
11.3 Consequences
If a Force Majeure Event prevents a party from performing its material obligations for more than 30 consecutive days, either party may terminate this Agreement with immediate effect by giving written notice. In such case:
- No liability shall accrue to either party for failure to perform during the Force Majeure Event;
- You shall be entitled to a pro-rata refund of any prepaid fees for services not rendered due to the termination.
12. Termination
This Agreement is effective until terminated. We may suspend or terminate your access to the Software at any time if you violate this Agreement. Upon termination, all rights granted to you under this Agreement will cease.
Either party can terminate this agreement by giving 90 days notice and
Upon termination, and after the 90 day notice period your license will immediately cease, and we may delete your data after 60 days, unless otherwise agreed.
13. Governing Law
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter, or formation shall be governed by and construed in accordance with the laws of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.
14. General
- Entire Agreement: This Agreement, along with any Order Forms and referenced documents (Privacy Policy, SLA, DPA), constitutes the entire agreement.
- Severability: If any provision is found unenforceable, the remainder of the Agreement will continue in full force and effect.
- Assignment: You may not assign this Agreement without our written consent.
- Waiver: Our failure to enforce any provision shall not constitute a waiver of that provision or any other.
- Force Majeure: Neither party shall be liable for delays or failure due to causes beyond reasonable control.
By using the Software, you confirm that you have read, understood, and agreed to be bound by the terms of this End User License Agreement.