Legal

TERMS OF SERVICE – EMEA

Last updated: October 7 2024 | Effective date: October 7 2024

These EMEA Terms of Service (the “Terms” or this “Agreement”) form a legally binding contract between you (“Customer,” “you,” or “your”) and Splitifi, Inc. (“Splitifi,” “we,” “us,” or “our”). They govern access to and use of every Splitifi‑branded website, application, plug‑in, mobile app, API, and related service (collectively, the “Service”) when the Customer is established or ordinarily resident in the European Economic Area, the United Kingdom, Switzerland, or any other country that follows EU‑style data‑protection rules (collectively, “EMEA”).

If you do not agree to ALL of these Terms, you may not access or use the Service.
Questions? Email legal@mysplitifi.com.

1 Eligibility, Authority & Consumer Withdrawal Rights

Business & Professional Users. If you access the Service on behalf of a business or profession, you represent that you have authority to bind that entity, and these Terms supersede any contrary local business‑to‑business (B2B) terms to the extent permitted by law.
Individual Consumers. If you are a “consumer” under EU or UK law, you have a statutory 14‑day right of withdrawal starting from the date you first subscribe. To exercise this right, email withdrawal@mysplitifi.comwithin the period. Accessing paid features before the withdrawal period ends constitutes an express request to begin service delivery; proportional fees may apply.

2 No Legal Advice – No Attorney–Client Relationship

Splitifi is not a law firm and does not provide legal advice. Using the Service does not create an attorney–client relationship.

3 Account Registration & Security

(The same subsections as the North‑American Terms.)

4 Licence & Acceptable Use

(The same prohibitions plus a statement that users shall not violate EU or national court rules.)

5 Subscription, VAT & Payment

VAT. All prices are exclusive of value‑added tax (VAT) unless expressly stated. Splitifi will apply the applicable VAT rate based on the Customer’s billing address or VAT ID.
EU‑Reverse Charge. Where Customer is VAT‑registered in an EU member state outside Ireland (Splitifi’s EU establishment), the reverse‑charge mechanism applies.
UK VAT. For UK Customers, Splitifi collects UK VAT via its UK VAT registration number.
Invoicing Currency. Unless agreed otherwise, invoices are issued in euros (EUR) for EEA Customers and pounds sterling (GBP) for UK Customers.

6 User Content & GDPR Data Processing

Roles. Customer is the Controller and Splitifi is the Processor (as defined in Article 4 GDPR) of any personal data uploaded to the Service (“Customer Personal Data”).
DPA & SCCs. The parties’ Data Processing Addendum (“DPA”)—incorporating the EU Commission’s 2021 Standard Contractual Clauses and the UK International Data Transfer Addendum—forms part of these Terms and prevails over any inconsistent provision.
Data Transfers. Splitifi stores Customer Personal Data in EU data centres by default. Where transfers outside the EEA/UK occur (e.g., to U.S. sub‑processors), they rely on an adequate transfer mechanism under Chapter V GDPR.
Data Subject Rights. Splitifi will, at Customer’s request and cost, assist in responding to data‑subject requests (Articles 12–22 GDPR).
Supervisory Authorities. Nothing in these Terms limits the individual’s right to lodge a complaint with a competent supervisory authority.

7 Security, Breach Notification & Records of Processing

Splitifi maintains ISO 27001‑aligned controls, encryption in transit and at rest, and a documented incident‑response plan. We will notify the Customer without undue delay and, in any case, within 48 hours of becoming aware of a personal‑data breach involving Customer Personal Data, providing all Article 33 GDPR information.

8 Service Level & Support

(Same SLA commitments; include a reference to EU business hours GMT/BST for support on EU plans.)

9 Beta Services

(Same as NA Terms; emphasise they may not meet GDPR adequacy for production data.)

10 Intellectual Property, Feedback & Open‑Source Notices

(Add explicit open‑source‑software acknowledgement per EU consumer law.)

11 Export Controls & Sanctions

EU dual‑use regulations and UK Export Control Order 2008 apply in addition to U.S. rules.

12 Disclaimer of Warranties

(Identical to NA version; EU mandatory consumer rights remain unaffected.)

13 Limitation of Liability

Nothing in these Terms excludes or limits liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, (c) gross negligence or wilful misconduct, or (d) any liability that cannot be excluded under mandatory law.

Except for those matters, Splitifi’s total aggregate liability arising out of the Service will not exceed the fees paid in the twelve (12) months preceding the event in question. Splitifi is not liable for indirect or consequential loss (including loss of profits, revenue, data, goodwill).

14 Indemnities

(Mirror NA version; adapt governing law forum.)

15 Governing Law & Jurisdiction

EEA Customers. This Agreement is governed by the laws of Ireland and subject to the exclusive jurisdiction of the courts of Dublin, Ireland.
UK Customers. This Agreement is governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of London.
Nothing precludes a data‑subject or consumer from bringing proceedings in their local forum where required by EU consumer law.

16 Arbitration Option

Where both parties agree in writing after a dispute arises, the matter may be referred to arbitration under the ICC Rules seated in Dublin (EEA) or London (UK).

17 Class‑Action Waiver

To the fullest extent permitted, Customer waives the right to participate in class or representative actions. (For consumers this clause applies only if permitted by local law.)

18 Force Majeure, Assignment, Entire Agreement, Severability, Survival

(Same wording as NA version.)

Contact & European Representative

For GDPR Article 27 representation in the EEA, Splitifi has appointed:

EU Rep Consulting OÜ
Sepapaja 6, Tallinn 15551, Estonia
eu‑rep@mysplitifi.com

For UK GDPR Article 27 representation, Splitifi has appointed:

UK Rep Ltd.
3rd Floor, 120 Baker St, London W1U 6TU, United Kingdom
uk‑rep@mysplitifi.com

General inquiries: legal@mysplitifi.com
Support: support@mysplitifi.com
Withdrawal form & consumer address available at mysplitifi.com/legal/emea‑withdrawal.