1. Agreement to Terms

These Terms of Service (“Terms”) form a legally binding agreement between you (whether as an individual or on behalf of an organisation) (“you”) and Custard Ltd (“we”, “us”, “our”) governing your access to and use of the Custard platform (the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. We are registered in the United Kingdom with our registered office at First Floor Sterling House, Outrams Wharf, Little Eaton, Derby, DE21 5EL.

2. The Service

Custard is a software platform that enables organisations and managers to:

• collect anonymised feedback from team members
• view insights about team performance, culture, and engagement
• receive recommendations to improve team effectiveness

The Service is provided on a subscription basis and may evolve over time. We may update, modify, or improve the Service at any time. We do not guarantee that all features will remain available or unchanged.

3. Accounts

To use Custard, you must create an account. You agree to:

• provide accurate and up-to-date information
• keep login credentials secure and confidential
• be responsible for all activity under your account
• notify us immediately at hello@itscustard.com if you suspect unauthorised access

You must be at least 18 years old to use the Service.

4. Subscriptions, Fees & Payment

4.1 Subscription Model

Custard is provided on a subscription basis and priced based on the number of Active Managers using the Service. Team Members may participate in the Service but are not billable users.

4.2 Definitions

Active Manager means a user who:

• has direct reports assigned within the platform
• can access dashboards, insights, or recommendations
• receives outputs generated by the Service

Team Member means a user who:

• provides feedback or participates in surveys
• does not have access to manager dashboards or insights

We reserve the right to determine, acting reasonably, whether a user qualifies as an Active Manager for billing purposes.

4.3 Fees

You will be charged a subscription fee per Active Manager, plus any applicable platform or additional fees. Pricing may vary depending on billing frequency (monthly vs annual) and agreed commercial terms. All current pricing is available at [INSERT PRICING PAGE URL].

4.4 Billing

• Subscriptions are billed in advance
• Billing may be monthly or annual
• All fees are stated in GBP unless otherwise specified

We may audit account usage to ensure correct billing based on Active Managers. If we identify underreported or misclassified users, we reserve the right to update billing accordingly and invoice for any underpaid amounts, provided we give you reasonable prior notice.

4.5 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled in accordance with Section 4.6.

4.6 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused time within a billing period unless required by applicable law.

4.7 Failed Payments

If payment fails, we may:

• retry payment using the same payment method
• suspend or limit access to the Service
• terminate your account after 14 days of continued non-payment, having given you written notice

4.8 Fair Usage

Use of AI-powered features within the Service is subject to fair usage. In the exceptional circumstance that an account’s AI usage is unreasonably excessive, we reserve the right to contact you to discuss usage and, having given at least 14 days’ written notice, apply additional charges or require a change of plan to cover the associated costs.

4.9 Pricing Changes

We may update pricing from time to time. We will provide at least 30 days’ written notice of any price changes. Changes will take effect at the next billing cycle following the notice period.

5. Acceptable Use

You agree not to:

• use the Service unlawfully or in breach of any applicable regulation
• attempt to access other users’ data without authorisation
• reverse engineer, decompile, or copy any part of the platform
• interfere with or disrupt the operation of the Service
• use the Service to harm, harass, discriminate against, or identify individuals from anonymous feedback
• resell or sublicense the Service without our prior written consent

We may suspend or terminate access if these terms are breached, having given notice where reasonably practicable.

6. Feedback, Data & Anonymity

6.1 Nature of the Service

Custard enables organisations to collect feedback from team members and generate insights for managers.

6.2 Anonymity

Feedback submitted through the Service is intended to be anonymised. However, anonymity cannot be guaranteed in all circumstances, particularly in small teams or where response patterns may indirectly identify individuals. You acknowledge and accept these limitations.

6.3 Responsible Use

You agree:

• not to attempt to identify individuals from anonymous feedback
• not to use the Service to target, penalise, or harm individuals
• to use insights responsibly and in accordance with applicable employment law and HR best practice

6.4 Data Ownership

You retain ownership of your organisation’s data. We process data solely to provide the Service, improve functionality, and generate insights, in accordance with our Data Processing Agreement and Privacy Statement.

6.5 Aggregated Data

We may use anonymised and aggregated data to improve the Service, analyse trends, and develop new features. This data will not identify any individual or organisation.

7. Intellectual Property

We own all rights to the Service, including software, branding, design, and features. You are granted a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during the subscription term. You may not copy, reproduce, or exploit any part of the Service without our prior written permission.

8. Availability & Changes

We aim to provide a reliable service but do not guarantee uninterrupted or error-free access. We may update or modify features, temporarily suspend access for maintenance, or discontinue parts of the Service. Where planned maintenance is required, we will endeavour to provide reasonable advance notice.

9. Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, third-party service outages (including infrastructure or payment providers), cyberattacks, pandemic, or changes in law.

10. Disclaimer

The Service is provided “as is” and “as available”. We do not guarantee specific outcomes, improved team performance, or the accuracy of insights generated. Custard provides guidance and data-driven insights, not professional, legal, or HR advice. Insights are based on user-submitted data and may not fully reflect all aspects of team performance or behaviour.

11. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, consequential, special, or incidental loss, including loss of profit, revenue, data, or goodwill. Our total aggregate liability to you in connection with the Service shall not exceed the total fees paid by you to us in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

12. Mutual Indemnity

Your indemnity: You agree to indemnify and hold us harmless from any third-party claims, losses, or expenses arising from your use or misuse of the Service, misuse of feedback or data, or breach of these Terms. Our indemnity: We agree to indemnify and hold you harmless from any third-party claims arising from our infringement of a third party’s intellectual property rights in connection with the Service.

13. Dispute Resolution

In the event of a dispute, the parties agree to attempt to resolve the matter in good faith through negotiation within 30 days of written notice of the dispute. If unresolved, the parties agree to consider mediation before commencing litigation. Nothing in this clause prevents either party from seeking urgent injunctive relief.

14. Termination

We may suspend or terminate your access if you breach these Terms, fail to pay after due notice, or we reasonably believe there is misuse of the Service. We will provide written notice where reasonably practicable before termination, except in cases of serious breach. You may stop using the Service at any time, subject to the cancellation terms in Section 4.6. Upon termination, your data will be handled in accordance with our Data Processing Agreement.

15. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, subject to the dispute resolution process in Section 13.

16. Changes to Terms

We may update these Terms from time to time. We will provide at least 14 days’ written notice of material changes. Continued use of the Service after the notice period constitutes acceptance of the updated Terms. If you do not accept the changes, you may cancel in accordance with Section 4.6.

17. Contact

For questions or support: hello@itscustard.com