Terms of Service

These Terms of Service ("Terms") govern your use of MyDirector-OS (the "Service"), operated by Ian Fordyce Smith trading as MyDirector-OS ("MyDirector-OS", "we", "us", "our"), a sole trader established in Guernsey. By creating an account or otherwise using the Service, you agree to be bound by these Terms.

1. The service

MyDirector-OS is a private workspace for individual company directors to manage their directorships, calendars, meetings, documents, resolutions and related records. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your personal and professional use as a director within the plan you have subscribed to.

2. Your account

You must provide accurate information when registering and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you are using the Service on behalf of an organisation, you confirm you have authority to bind that organisation to these Terms. You must be of legal age to enter into a contract.

3. Acceptable use and prohibited conduct

You agree not to misuse the Service. In particular, you must not:

• use the Service for any unlawful, fraudulent, defamatory or harmful purpose;
• upload, store or transmit content you do not have the right to share, including content that infringes intellectual property, privacy or confidentiality rights;
• send spam, phishing or unsolicited communications via the Service;
• introduce malware, viruses or any code intended to disrupt or damage the Service;
• probe, scan, scrape, or test the vulnerability of the Service, or otherwise interfere with its security or integrity;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
• resell, redistribute or make the Service available to third parties, or circumvent any technical limits or usage quotas.

4. Your data and content

You retain all rights in the data and content you upload ("Your Content"). You grant us a limited, worldwide, royalty-free licence to host, store, process and display Your Content solely for the purpose of providing and improving the Service to you. We do not use Your Content to train AI models.

5. Intellectual property

The Service, including all software, design, text, graphics, logos and documentation, is owned by MyDirector-OS or its licensors and is protected by intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you.

6. Subscriptions, payments and refunds

The Service is provided on a paid subscription basis (with a free trial where offered). Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, taxes, currency conversion, cancellation and refund mechanics are governed by Paddle's Buyer Terms, available at paddle.com/legal/checkout-buyer-terms. Our own refund policy is set out at /legal/refund. You may cancel your subscription at any time from your account; cancellation takes effect at the end of the current billing period.

7. Service availability and disclaimers

We work hard to keep the Service available, but we do not guarantee that the Service will be uninterrupted, error-free, secure, or that defects will be corrected. The Service is provided "as is" and "as available", and to the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

8. Limitation of liability

To the fullest extent permitted by law, our aggregate liability arising out of or relating to the Service or these Terms will not exceed the fees you paid to us (via Paddle) in the twelve (12) months immediately preceding the event giving rise to the claim. We will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data, goodwill or business opportunity. Nothing in these Terms excludes or limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

9. Indemnity

You agree to indemnify and hold harmless MyDirector-OS from and against any claims, damages, losses and expenses (including reasonable legal fees) arising out of or related to Your Content, your unlawful use of the Service, or your breach of these Terms.

10. Suspension and termination

We may suspend or terminate your access to the Service, with or without notice, for any of the following: (a) material breach of these Terms; (b) non-payment of fees; (c) suspected fraud, security risk or risk of harm to us, other users or third parties; or (d) repeated or serious violations of our acceptable use rules. On termination, your right to use the Service ends immediately. You may export Your Content from your account for a reasonable period before deletion; after that period we may delete Your Content from our active systems.

11. Changes to the Service or these Terms

We may modify the Service and these Terms from time to time. If we make material changes to the Terms we will notify you by email or via the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

12. Governing law

These Terms are governed by the laws of the Bailiwick of Guernsey. The courts of Guernsey have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, without prejudice to any mandatory consumer protection rights you may have in your country of residence.

13. Assignment and force majeure

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets. Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control.

14. Contact

For questions about these Terms, contact us via our contact page. The seller is Ian Fordyce Smith trading as MyDirector-OS (Guernsey).