Terms and conditions

These Terms and Conditions govern access to and use of Dash Analytix.

Dash Analytix is operated by Cashly Ltd, trading as Dash Analytix. Company number 14988415. Registered office: 12 Glenhill Close, London, N3 2JS, United Kingdom. Email: contact@dashanalytix.com

In these Terms:

• —“Cashly”, “Dash”, “Dash Analytix”, “we”, “us” and “our” mean Cashly Ltd
• —“Customer”, “you” and “your” mean the business, organisation or other legal entity accepting these Terms
• —“User” means an individual authorised by the Customer to access Dash
• —“Services” means the Dash Analytix website, application, integrations, forecasting tools, reporting tools, artificial intelligence features, support services and related functionality supplied by Cashly
• —“Subscription” means the Customer’s monthly paid right to use the Services
• —“Connected Organisation” means an accounting organisation, company file or equivalent data source connected to Dash through an Integration
• —“Integration” means a connection between Dash and a supported accounting or data platform
• —“Customer Data” means information submitted, uploaded, entered, connected, generated or otherwise made available by or for the Customer through the Services
• —“Documentation” means user guidance and technical instructions made available by Cashly
• —“Order” means an online purchase, order form, proposal or other agreed document specifying the Services and applicable charges

These Terms, the applicable Order, our Privacy Notice and our Data Processing Addendum together form the agreement between Cashly and the Customer.

If there is a conflict between these documents, the following order of precedence applies:

1. 1.the Order
2. 2.the Data Processing Addendum for matters concerning processing of personal data
3. 3.these Terms
4. 4.the Documentation
5. 5.the Privacy Notice

Dash is a business financial planning and analysis service. You confirm that:

• —you are acting wholly or mainly for purposes relating to your trade, business, profession or organisation
• —you are not acquiring the Services as a consumer
• —you have authority to enter into this Agreement for the Customer
• —the information supplied when creating the account is complete and accurate

If you accept these Terms on behalf of an employer, client, company, partnership or another organisation, you confirm that you have authority to bind that organisation.

Dash provides software features that may include:

• —financial forecasting
• —budgeting
• —management reporting
• —dashboard creation
• —key performance indicator analysis
• —variance analysis
• —cash flow analysis
• —financial modelling
• —consolidation
• —comments and collaboration
• —accounting data integrations
• —AI assisted financial analysis
• —AI generated explanations and commentary
• —other functionality made available from time to time

The precise functionality available may depend on the Customer’s Subscription, number of connected Integrations, permissions and product configuration.

Cashly may improve, update, modify or replace parts of the Services from time to time. We will not materially reduce the core functionality of a paid Subscription during the current monthly billing period without a reasonable operational, legal, security or technical reason.

To use Dash, the Customer must create an account and provide the information reasonably requested by Cashly. The Customer is responsible for:

• —ensuring that account information remains accurate
• —designating appropriate account administrators
• —approving Users
• —assigning suitable permissions
• —removing access when it is no longer required
• —protecting login credentials
• —maintaining the security of devices used to access Dash
• —notifying Cashly promptly of suspected unauthorised access

Dash offers a 14 day free trial. During the free trial:

• —the User may access and explore a demonstration organisation
• —the User may review selected Dash features using demonstration data
• —the User may not connect a live Xero, QuickBooks or other accounting Integration
• —the User may not import or process live Customer Data through an accounting Integration
• —access may be subject to reasonable feature, usage and support limitations

No payment card is required unless expressly stated during registration.

At the end of the 14 day trial:

• —access to the demonstration environment may end or become limited
• —the trial does not automatically convert into a paid Subscription unless the Customer expressly selects and purchases a paid Subscription
• —no live Integration can be connected until payment has been made
• —Cashly may delete or reset trial activity and trial settings

Cashly may refuse, suspend or withdraw a free trial where it reasonably believes that the trial is being misused, duplicated or used to avoid payment. Unless Cashly agrees otherwise, a Customer is entitled to one free trial.

Dash currently offers monthly Subscriptions only. A paid Subscription begins when:

• —the Customer selects a paid plan
• —the Customer provides valid payment details
• —Cashly successfully processes the applicable payment
• —Cashly activates the relevant paid functionality

The Subscription renews automatically on a monthly basis unless cancelled in accordance with these Terms.

Cashly does not currently offer annual Subscriptions through the standard online purchase process. Any separately negotiated arrangement must be recorded in an Order signed or otherwise expressly accepted by Cashly.

Subscription charges are calculated by reference to the number of Integrations or Connected Organisations linked to the Customer’s Dash account. Each connected accounting organisation, company file or equivalent data source may be treated as a separate billable Integration.

The Customer is responsible for ensuring that the number of paid Integrations is sufficient for its use of Dash. Cashly may charge for an Integration once:

• —the Customer requests or authorises the connection
• —the relevant accounting organisation becomes available within Dash
• —Dash begins retrieving or processing information through that connection

Adding an Integration may increase the Customer’s charges from the date of connection or on a prorated basis for the remaining part of the current month, as displayed during the purchase or connection process. Cashly may prevent the connection of additional Integrations until the applicable charge has been paid.

Subscription charges are billed monthly in advance. When a Customer first purchases a Subscription or adds a billable Integration part way through a calendar month, Cashly may charge the applicable amount for the remaining period up to the end of that month. Thereafter, recurring monthly charges are collected in advance for each subsequent month.

The applicable price will be:

• —the price displayed during checkout
• —the price stated in an accepted Order
• —another price expressly agreed in writing

Unless expressly stated otherwise:

• —prices exclude VAT and other applicable taxes
• —the Customer is responsible for applicable taxes
• —charges are payable in the currency displayed during checkout or in the relevant Order
• —payment is due without set off, counterclaim or deduction, except where required by law

The Customer authorises Cashly and its payment processor to collect recurring monthly charges using the payment method supplied.

Dash accepts eligible Mastercard, Visa and American Express cards. Card payments are processed by Stripe or the relevant Stripe group company.

The Customer authorises Stripe to process payment information and authorises Cashly to request payment for:

• —monthly Subscription charges
• —additional Integrations
• —applicable taxes
• —agreed add-ons
• —other charges expressly authorised by the Customer

Stripe processes payment information under its own terms and privacy documentation. The Customer must maintain a valid payment method and ensure that it is authorised to use that payment method.

If a payment fails, Cashly may:

• —retry the payment
• —request an alternative payment method
• —restrict the addition of new Integrations
• —suspend access to some or all of the Services
• —terminate the Subscription if the payment remains outstanding

Cashly will take reasonable steps to notify the Customer before suspending the Services for non-payment, unless immediate suspension is reasonably necessary to prevent fraud or misuse.

Cashly may change its prices by giving the Customer at least 30 days’ notice. A price change will normally take effect at the start of a future monthly billing period.

If the Customer does not agree to the revised price, it may cancel the Subscription before the new price takes effect. Continued use of the paid Services after the price change takes effect constitutes acceptance of the revised charges. Price changes do not affect amounts already charged for the current monthly billing period.

Cashly may correct obvious pricing errors. Where an obvious error affects a completed purchase, Cashly will contact the Customer and either:

• —honour the incorrect price
• —request payment of the correct price
• —cancel and refund the affected purchase

The Customer may cancel its monthly Subscription at any time through the available account settings or by contacting contact@dashanalytix.com Cancellation:

• —stops future automatic monthly billing
• —does not reverse or refund charges for the current month
• —does not create a credit for unused days in the current month
• —takes effect at the end of the billing period already paid for, unless Cashly confirms an earlier date

The Customer may continue using paid functionality until the end of the current paid period, subject to these Terms. Cashly may remove or restrict access after the cancellation becomes effective. The Customer is responsible for exporting any information it wishes to retain before access ends.

Except where required by law or expressly agreed by Cashly:

• —Subscription payments are non-refundable
• —cancellation does not entitle the Customer to a refund for the current month
• —removing an Integration does not produce a refund or credit for the current month
• —unused time, features, Users or capacity are not refundable
• —failure to use the Services does not remove the obligation to pay

No refund is due where Cashly suspends or terminates the Services because of:

• —non-payment
• —unlawful use
• —material breach of this Agreement
• —security risk
• —fraud
• —abuse
• —use that may damage Cashly, the Services or another person

Dash may connect with third-party accounting platforms, including Xero and QuickBooks. The Customer authorises Cashly to:

• —connect to each selected accounting organisation
• —retrieve information permitted by the Customer and the accounting platform
• —import and process that information
• —refresh imported information
• —use the information to provide the Services

The Customer confirms that it:

• —owns or controls the connected organisation
• —has permission from the relevant owner or client
• —is authorised to provide Cashly with access
• —has an appropriate lawful basis for any personal data involved
• —will comply with the accounting platform’s applicable terms

Unless expressly stated otherwise, Dash’s standard accounting Integrations are read-only. Dash does not use those standard Integrations to:

• —post journals
• —amend transactions
• —edit invoices or bills
• —initiate payments
• —change accounting records in the connected platform

Cashly is not responsible for:

• —the availability of a third-party accounting platform
• —changes to its API or permissions
• —errors originating in the source system
• —delayed or incomplete data supplied by the platform
• —actions taken directly within the third-party platform
• —suspension or withdrawal of third-party access

Cashly may suspend an Integration where required for security, maintenance, legal compliance or compatibility reasons.

The Customer grants Cashly a non-exclusive, worldwide, limited right to host, copy, transmit, process, display, adapt and otherwise use Customer Data only as reasonably necessary to:

• —provide the Services
• —follow the Customer’s documented instructions
• —maintain and secure the Services
• —prevent fraud and misuse
• —provide support
• —comply with law
• —exercise Cashly’s rights under this Agreement

The Customer confirms that:

• —it has all rights and permissions required to provide Customer Data
• —Customer Data and its use through Dash will not infringe another person’s rights
• —Customer Data is not unlawful, misleading or malicious
• —it will not upload unnecessary sensitive personal data
• —it will maintain appropriate source records and backups
• —it is responsible for reviewing information imported into Dash

Each party will comply with data protection laws applicable to its processing under this Agreement. Where Cashly processes personal data on behalf of the Customer:

• —the Customer normally acts as controller
• —Cashly normally acts as processor
• —the Dash Analytix Data Processing Addendum forms part of this Agreement

The Customer authorises Cashly to use subprocessors in accordance with the Data Processing Addendum. Cashly may act as an independent controller for:

• —account administration
• —subscription management
• —billing
• —support
• —security
• —fraud prevention
• —legal compliance
• —other purposes described in the Dash Analytix Privacy Notice

The Customer is responsible for:

• —establishing an appropriate lawful basis
• —providing required privacy information
• —managing data subject requests as controller
• —ensuring that its instructions are lawful
• —limiting personal data to what is necessary
• —ensuring that client organisations have authorised the processing

Dash may provide AI-enabled features to assist with:

• —forecasts
• —financial explanations
• —variance analysis
• —financial commentary
• —questions about financial information
• —assumptions
• —related financial analysis

Cashly may use specialist third-party AI infrastructure to provide these features. Cashly may keep the provider’s identity out of public marketing and publicly accessible website materials. Where reasonably required for a Customer’s legal, compliance, audit or due diligence obligations, Cashly may provide relevant provider information confidentially to authorised representatives of the Customer.

16.1Information submitted for AI processing

Depending on the feature, Dash may submit:

• —financial values
• —reporting periods
• —account codes
• —account descriptions
• —invoice descriptions
• —variances
• —forecasts
• —user prompts
• —sanitised conversation context

Cashly seeks to minimise the information submitted. Dash does not intentionally include the Customer’s company name or persistent Customer identifiers where they are not required.

16.2Sanitisation

Cashly may apply controls designed to:

• —remove names
• —remove addresses
• —remove contact details
• —remove company names
• —remove account and transaction identifiers
• —standardise financial categories
• —exclude unnecessary narrative information
• —redact prompts
• —aggregate values
• —reduce the risk that an individual can be identified

No automated sanitisation process can guarantee that every item of personal or confidential information will be detected.

16.3AI provider practices

Unless Cashly has obtained sufficient binding assurances, Cashly does not represent or warrant that an external AI provider:

• —operates a zero-retention service
• —never stores API inputs or outputs
• —never uses information for service improvement
• —processes information only in the United Kingdom
• —is incapable of receiving personal data contained in user-entered narrative text

The Customer acknowledges that narrative fields and user prompts may contain information that automated controls do not detect.

16.4Stored AI context

Cashly may create and store summaries of AI conversations to:

• —maintain conversational continuity
• —remember relevant financial instructions
• —reduce repeated input
• —provide contextual responses

Stored summaries form part of Customer Data. Cashly does not use those summaries to train its own shared or public AI models. The Customer may request deletion of stored AI conversation context, subject to technical limitations and lawful retention requirements.

16.5AI output limitations

AI outputs are generated automatically and may be:

• —inaccurate
• —incomplete
• —outdated
• —inconsistent
• —unsuitable for the Customer’s circumstances
• —based on incomplete source data

The Customer is responsible for:

• —checking all AI outputs
• —reviewing the underlying financial records
• —validating calculations and assumptions
• —applying appropriate professional judgement
• —correcting errors
• —determining whether an output is suitable for use

Dash is a financial planning and analysis tool. Forecasts, scenarios, dashboards, ratios, recommendations and other outputs depend on:

• —information provided by the Customer
• —information retrieved from connected systems
• —assumptions selected by Users
• —mapping decisions
• —configuration choices
• —mathematical models
• —AI generated analysis
• —external commercial factors

Cashly does not guarantee that:

• —a forecast will occur
• —a financial outcome will be achieved
• —imported information is complete
• —assumptions are commercially appropriate
• —every account will be mapped correctly
• —a report is suitable for a specific regulatory purpose
• —a Customer’s business decisions will produce a particular result

The Customer must:

• —use Dash only for lawful business purposes
• —comply with these Terms and the Documentation
• —maintain appropriate financial and accounting records
• —verify imported information
• —review account mappings
• —review forecasts and assumptions
• —maintain appropriate internal approvals
• —ensure that Users are suitably trained
• —comply with laws applicable to its business
• —protect login details
• —maintain appropriate device and network security
• —cooperate reasonably with Cashly
• —notify Cashly of suspected security issues

The Customer remains responsible for decisions made using Dash.

Where a Customer uses Dash for client organisations, the Customer confirms that it:

• —has authority from each client
• —has permission to connect each client’s accounting organisation
• —is authorised to process the client’s information
• —has agreed the scope of its services with the client
• —will manage access and permissions appropriately
• —will not represent Cashly as providing regulated advice to the client
• —will comply with professional and legal obligations applying to it
• —remains responsible for its relationship with the client

Cashly is not a party to the professional services agreement between the Customer and its client. Unless Cashly expressly agrees otherwise, the Customer is responsible for:

• —client onboarding
• —client communications
• —obtaining approvals
• —reviewing outputs
• —delivering reports
• —explaining professional conclusions

Subject to payment and compliance with this Agreement, Cashly grants the Customer a limited, non-exclusive, non-transferable and revocable right to access and use Dash during the Subscription.

The Customer may permit authorised Users to use Dash for the Customer’s internal business purposes and, where applicable, to provide legitimate services to its clients.

The Customer may not transfer, assign, sublicense or resell access except where Cashly has expressly authorised a partner, reseller or white-label arrangement in writing.

The Customer and its Users must not:

• —use Dash unlawfully
• —gain unauthorised access to the Services or another customer’s information
• —share User accounts
• —bypass access controls or usage limits
• —interfere with security or availability
• —introduce malware or harmful code
• —scrape, harvest or systematically extract the Services
• —reverse engineer or decompile the Services except where the law expressly permits it
• —copy or reproduce substantial parts of Dash
• —use Dash to build or train a competing product or model
• —conduct automated penetration testing without written permission
• —use the Services for fraudulent or deceptive activity
• —upload content that infringes third-party rights
• —submit unnecessary sensitive personal information
• —use AI features to make unlawful decisions about individuals
• —misrepresent AI outputs as independently audited or professionally verified
• —remove intellectual property notices
• —use Dash in a way that creates unreasonable technical load

Cashly may investigate suspected prohibited use and suspend access where reasonably necessary.

Cashly and its licensors own all rights in:

• —Dash Analytix
• —the software
• —source and object code
• —interface designs
• —workflows
• —templates
• —formulas supplied by Cashly
• —Documentation
• —branding
• —databases
• —models
• —product methods
• —improvements to the Services

No intellectual property rights are transferred to the Customer except for the limited right to use the Services under these Terms.

The Customer owns reports, forecasts, models and other materials created specifically from its Customer Data, subject to Cashly’s ownership of the underlying software, templates and platform components.

If the Customer provides suggestions, ideas or feedback about Dash, Cashly may use that feedback without restriction or payment.

Cashly will not disclose Customer Confidential Information merely because it is contained in feedback.

Each party must protect the other party’s Confidential Information. “Confidential Information” means non-public information disclosed by or on behalf of a party that:

• —is marked confidential
• —is described as confidential
• —should reasonably be understood to be confidential

Customer Data is the Customer’s Confidential Information. Cashly’s software, security information, pricing proposals, provider information supplied confidentially and non-public product information are Cashly’s Confidential Information.

A receiving party may use Confidential Information only to perform or exercise its rights under this Agreement. A receiving party may disclose Confidential Information only:

• —to personnel, professional advisers and subcontractors who need it and are subject to confidentiality obligations
• —with the disclosing party’s permission
• —where required by law or a competent authority

Confidential Information does not include information that the receiving party can demonstrate:

• —is publicly available without breach
• —was lawfully known before disclosure
• —was received lawfully from another source
• —was independently developed without use of the disclosed information

Cashly will maintain reasonable technical and organisational measures designed to protect the Services and Customer Data. These may include:

• —hosting through AWS Europe (London), eu-west-2
• —encryption in transit and at rest
• —role-based access controls
• —logical separation between customer organisations
• —access logging
• —monitoring
• —backups
• —incident response procedures
• —read-only accounting Integrations
• —data minimisation before external AI processing

Cashly does not guarantee that the Services will be entirely free from vulnerabilities, interruptions or security incidents.

Cashly aims to make Dash available on a continuous basis but does not guarantee uninterrupted availability. The Services may be unavailable because of:

• —scheduled maintenance
• —emergency maintenance
• —software updates
• —third-party platform outages
• —internet or telecommunications failures
• —security incidents
• —capacity constraints
• —legal or regulatory requirements
• —events outside Cashly’s reasonable control
• —suspension under these Terms

Cashly may provide notice of planned maintenance where reasonably practicable. Unless separately agreed in writing, no formal service-level agreement or guaranteed uptime commitment applies.

Cashly provides support through contact@dashanalytix.com and any other support channels made available within Dash. Support scope, availability, response times and access to finance specialists may vary by Subscription.

Unless expressly included in an Order, support does not include:

• —outsourced accounting
• —bookkeeping
• —audit
• —tax advice
• —legal advice
• —investment advice
• —preparation of statutory accounts
• —responsibility for Customer forecasts
• —unlimited manual changes by Cashly personnel

Any additional implementation, modelling or advisory services may be subject to separate charges and terms.

Cashly may suspend access to some or all of the Services where reasonably necessary because:

• —charges are overdue
• —payment has failed
• —the Customer has materially breached this Agreement
• —Cashly reasonably suspects fraud or unlawful activity
• —use presents a security risk
• —use may damage the Services or another customer
• —suspension is required by law
• —a third-party platform withdraws access
• —continued processing would create a material legal or compliance risk

Where reasonably practicable, Cashly will notify the Customer and provide an opportunity to remedy the issue. Cashly may suspend immediately where delay could create material harm, security risk or legal exposure. Suspension does not remove the Customer’s obligation to pay charges already due.

The Customer may terminate the Agreement by cancelling its Subscription in accordance with section 11.

Termination becomes effective when the current paid monthly period expires, unless Cashly confirms an earlier date. Amounts charged for the current month remain payable and non-refundable.

Cashly may terminate this Agreement immediately by written notice if:

• —the Customer commits a material breach that cannot be remedied
• —the Customer fails to remedy a remediable material breach within 14 days after notice
• —payment remains overdue
• —the Customer becomes insolvent or ceases business
• —the Services are used unlawfully or fraudulently
• —continued service would create a serious security or legal risk
• —Cashly is required to terminate by law or a competent authority

Cashly may discontinue the Services for business reasons by giving at least 30 days’ notice. Where Cashly discontinues a paid Service without Customer breach, Cashly will refund any prepaid charges for the unused period after termination.

On termination or expiry:

• —the Customer’s right to access Dash ends
• —active Integrations may be disconnected
• —Users may lose access
• —unpaid charges become immediately due
• —the Customer must stop using Cashly intellectual property
• —Cashly may delete Customer Data in accordance with the Privacy Notice and Data Processing Addendum
• —provisions intended to survive termination remain effective

Cashly may retain Customer Data for up to 12 months after cancellation, subject to earlier deletion requests, legal requirements, security needs, backup processes and the applicable retention policy. Termination does not affect rights or liabilities accrued before termination.

Dash may interact with services owned or operated by third parties. Cashly does not control and is not responsible for:

• —the availability of third-party services
• —their security
• —their data practices
• —their terms
• —changes to their APIs
• —their outputs
• —their actions
• —information supplied by them

The Customer’s use of a third-party service is also governed by that provider’s terms. Cashly may replace, suspend or remove a third-party connection where reasonably necessary.

Cashly warrants that it will provide the Services with reasonable care and skill.

Except as expressly stated in this Agreement and to the fullest extent permitted by law, the Services are provided on an “as available” basis. Cashly does not warrant that:

• —access will be uninterrupted
• —all errors will be corrected
• —the Services will meet every Customer requirement
• —all third-party data will be accurate
• —forecasts or AI outputs will be correct
• —the Services will be suitable for a regulated filing
• —the Services will prevent all fraud or security incidents
• —every Integration will remain available

Any implied terms are excluded to the fullest extent permitted by law.

The Customer will indemnify Cashly against reasonable losses, liabilities, damages, costs and expenses arising from a third-party claim caused by:

• —unlawful Customer Data
• —infringement of third-party rights by Customer Data
• —the Customer’s unauthorised access to client information
• —breach of section 19 concerning client organisations
• —the Customer’s unlawful use of the Services
• —a material breach of the Customer’s data protection obligations

This indemnity does not apply to the extent the claim was caused by Cashly’s breach, negligence or wilful misconduct. Cashly must:

• —notify the Customer reasonably promptly
• —provide reasonable information
• —allow the Customer reasonable control of the defence, subject to Cashly’s legitimate interests
• —not settle the claim in a manner admitting Cashly wrongdoing without Cashly’s consent

Nothing in this Agreement excludes or limits liability for:

• —death or personal injury caused by negligence
• —fraud or fraudulent misrepresentation
• —breach of obligations that cannot legally be excluded
• —deliberate wrongdoing
• —any other liability that cannot lawfully be limited

Subject to the above, Cashly will not be liable for:

• —loss of profit
• —loss of revenue
• —loss of anticipated savings
• —loss of business
• —loss of opportunity
• —loss of goodwill
• —loss caused by business interruption
• —indirect or consequential loss
• —decisions made using Dash outputs
• —errors in source accounting information
• —failures of third-party services
• —loss resulting from Customer assumptions or mappings
• —unauthorised access caused by the Customer’s failure to secure credentials
• —loss that could reasonably have been avoided through appropriate backups, review or mitigation

Subject to section 35, Cashly’s total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort, negligence, misrepresentation, breach of statutory duty or otherwise, will not exceed the total Subscription charges paid or payable by the Customer to Cashly during the 12 months immediately preceding the event giving rise to the claim.

If the Customer has used the paid Services for fewer than 12 months, the cap will be the total charges paid or payable during that shorter period. If the claim arises during a free trial and the Customer has paid no Subscription charges, Cashly’s total aggregate liability will not exceed £100.

The limitations in this section apply only to the extent permitted by law and are intended to reflect:

• —the charges paid
• —the allocation of responsibilities between the parties
• —the Customer’s obligation to review financial outputs
• —the availability of business insurance

Neither party will be liable for delay or failure caused by circumstances outside its reasonable control. These may include:

• —natural disasters
• —epidemic or pandemic events
• —war
• —civil disorder
• —terrorism
• —government action
• —power failure
• —internet or telecommunications failure
• —major cloud infrastructure failure
• —labour disputes not limited to the affected party’s workforce
• —widespread cyber incidents

The affected party must take reasonable steps to reduce the effect of the event. Payment obligations already due are not excused by force majeure.

Cashly may update these Terms to reflect:

• —changes to the Services
• —changes in law
• —security requirements
• —changes to third-party platforms
• —new functionality
• —commercial changes
• —improvements in clarity

Cashly will provide reasonable notice of material changes. A material change will normally take effect from a future monthly billing period unless earlier application is required by law, security or urgent operational circumstances.

If the Customer does not agree to a material change, it may cancel before the change takes effect. Continued use after the effective date constitutes acceptance of the updated Terms.

Cashly may send notices:

• —by email to the address associated with the Customer account
• —through an in-application notification
• —through the Dash website
• —through another agreed communication method

The Customer must keep its contact information current. Notices to Cashly should be sent to contact@dashanalytix.com A notice is treated as received:

• —when displayed in the application
• —when sent by email, provided no delivery failure is received
• —two business days after posting by prepaid first-class post within the United Kingdom

The Customer may not assign or transfer this Agreement without Cashly’s prior written consent. Cashly may assign or transfer this Agreement:

• —to an affiliate
• —as part of a merger, acquisition or restructuring
• —as part of a sale of all or substantially all of its business or assets
• —to a successor operating Dash

Cashly will ensure that any assignee remains bound by obligations materially consistent with this Agreement.

Cashly may use subcontractors and service providers to perform parts of the Services. Cashly remains responsible for its contractual obligations, subject to the limitations in this Agreement.

Use of personal-data subprocessors is governed by the Data Processing Addendum.

Nothing in this Agreement creates:

• —a partnership
• —joint venture
• —employment relationship
• —fiduciary relationship
• —agency relationship between the parties

Neither party may bind the other except as expressly authorised.

A person who is not a party to this Agreement has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999. This does not affect rights that exist independently of that Act.

A delay or failure to exercise a right does not waive that right. A waiver is effective only if made in writing and applies only to the specific circumstances for which it is given.

If a provision is found invalid, unlawful or unenforceable, it will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the affected provision will be removed. The remaining provisions will continue in effect.

This Agreement constitutes the entire agreement between Cashly and the Customer concerning the Services. Each party confirms that it has not relied on a statement or representation not expressly included in the Agreement.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation.

This Agreement and any dispute or non-contractual obligation arising from it are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to resolve disputes arising from or connected with this Agreement.

Before beginning court proceedings, the parties will attempt in good faith to resolve the dispute through discussions between authorised representatives.

Questions concerning these Terms should be sent to Cashly Ltd, trading as Dash Analytix, 12 Glenhill Close, London, N3 2JS, United Kingdom. Company number 14988415.

Email: contact@dashanalytix.com