Terms of service

Provider: ALPN Digital Ltd., a private company limited by shares incorporated in England and Wales (“ALPN”, “we”, “us”, “our”).

Customer: the legal entity entering into these Terms by registering a workspace, or the individual using Recon for their own business purposes (“Customer”, “you”, “your”).

Service: the Recon software-as-a-service application, the marketing and product websites at get-recon.com, and any related content, APIs, and support (“Service”).

Customer Data: any data, content, or information that the Customer (or its authorized users) submits, transfers, or makes available to the Service, including data ingested from third-party systems such as HubSpot.

Authorized User: an employee, contractor, or agent of the Customer authorized to use the Service under the Customer’s account.

The agreement between you and ALPN consists of (a) these Terms; (b) the Privacy Policy at /privacy; (c) the Sub-processor List at /sub-processors; (d) any Order Form, statement of work, or commercial proposal signed by both parties; and (e) where applicable, the Data Processing Agreement (“DPA”) executed between the parties (together, the “Agreement”). In the event of conflict, a signed Order Form or DPA prevails over these Terms only to the extent of the conflict.

You may use Recon only if you are at least 18 years old, legally capable of forming a binding contract, and not barred from receiving the Service under the laws of the United Kingdom or any other applicable jurisdiction. The Service is provided for business and professional use; consumer use is outside the scope of this Agreement.

You are responsible for the security of your account credentials, the actions of your Authorized Users, and any use of the Service through your account. You will notify us promptly of any unauthorized access at hello@alpndigital.com.

Subject to your compliance with the Agreement and payment of fees, ALPN grants you a non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Service for your internal business operations.

All right, title, and interest in and to the Service, including all software, models, designs, content, and trademarks, remain the property of ALPN and its licensors. No rights are granted to you other than those expressly stated in this Section.

You will not, and will not permit any Authorized User to:

• use the Service in violation of any law, regulation, or third-party right, including data protection, anti-spam, intellectual property, and competition law;
• upload to or process through the Service any data you do not have the lawful right to process, or any special category data within the meaning of UK GDPR Article 9 without an appropriate lawful basis and without notifying us in advance;
• attempt to reverse-engineer, decompile, or extract the source code of the Service, or to derive the underlying models, weights, or algorithms;
• use the Service to develop a competing product or to benchmark against ALPN without our prior written consent;
• interfere with, probe, or stress-test the Service, transmit malicious code, or circumvent rate limits, authentication, or other security mechanisms;
• misrepresent the source of communications sent through the Service or use the Service to send unsolicited commercial messages in breach of PECR or analogous laws.

We may suspend access without notice if your use of the Service poses a security or legal risk to us or to other customers. We will work in good faith to restore access once the issue is remediated.

As between the parties, the Customer retains all right, title, and interest in and to Customer Data. The Customer grants ALPN a limited, worldwide, royalty-free licence to host, copy, transmit, display, and otherwise process Customer Data solely to provide and improve the Service, to comply with the Customer’s instructions, and to comply with law.

We will not access Customer Data except as necessary to provide and operate the Service, to respond to a Customer support request, to comply with law, or to investigate a security incident. We will never use Customer Data to train general-purpose AI models, sell Customer Data, or share Customer Data with third parties for their independent purposes.

Where Customer Data contains personal data, ALPN acts as a data processor on the Customer’s behalf and the parties’ respective obligations are set out in the DPA. The Customer warrants that it has all necessary rights, lawful bases, and notices in place to enable ALPN to process the personal data as contemplated by the Agreement.

Recon connects to third-party services such as HubSpot, Apollo, GA4, Google Ads, and others (each a “Third-Party Service”). Your use of any Third-Party Service is governed solely by your agreement with the relevant provider. ALPN is not responsible for the operation, content, or availability of Third-Party Services and is not a party to your agreement with them. You are responsible for granting appropriate scopes and for ensuring you have the right to authorize ALPN to access the data made available through the integration.

Subscription fees are billed monthly or annually in advance, in pounds sterling unless otherwise agreed in an Order Form. Fees are exclusive of VAT and other applicable taxes, which are charged in addition where applicable.

Monthly subscriptions renew automatically each month unless cancelled before the start of the next billing period. Annual subscriptions renew automatically for successive 12-month terms unless cancelled at least 30 days before the start of the next term.

Invoices are due on receipt unless otherwise agreed. Overdue amounts accrue interest at the statutory rate set by the Late Payment of Commercial Debts (Interest) Act 1998. We may suspend the Service if any undisputed amount is more than 30 days overdue.

Except where required by law, fees are non-refundable. We may refund pro-rated fees on cancellation at our sole discretion during the early access period.

Where ALPN provides the Service free of charge during an early access, beta, or trial period, the Service is provided “as is” without warranty, support obligation, or service-level commitment, and may be modified or discontinued without notice. Section 13 (Liability) applies to free use, with our aggregate liability capped at one hundred pounds sterling (£100).

ALPN warrants that during a paid subscription term it will provide the Service with reasonable skill and care, in substantial conformance with its published documentation, and that it has implemented appropriate technical and organizational security measures to protect Customer Data against unauthorized access, loss, or alteration.

The Customer warrants that it will use the Service in accordance with the Agreement and applicable law, that it has all rights necessary in respect of Customer Data, and that its use of the Service will not infringe the rights of any third party.

Except as expressly set out in this Section, the Service is provided “as is” and ALPN disclaims, to the maximum extent permitted by law, all other warranties, conditions, and representations, whether express, implied, or statutory, including any implied warranty of satisfactory quality, fitness for a particular purpose, or non-infringement.

By ALPN. We will defend the Customer against any third-party claim alleging that the Service, when used in accordance with the Agreement, infringes the claimant’s intellectual property rights, and will pay damages and reasonable costs finally awarded against the Customer or agreed in settlement.

By the Customer. The Customer will defend ALPN against any third-party claim arising from (a) Customer Data; (b) the Customer’s breach of Section 5 (Acceptable Use); or (c) the Customer’s combination of the Service with non-ALPN technology where the claim would have been avoided absent the combination, and will pay damages and reasonable costs finally awarded against ALPN or agreed in settlement.

The indemnified party will (i) promptly notify the indemnifying party of the claim; (ii) allow the indemnifying party sole control of the defence and settlement, provided that no settlement is binding without the indemnified party’s consent where it imposes a non-monetary obligation; and (iii) provide reasonable cooperation at the indemnifying party’s expense.

Nothing in the Agreement excludes or limits liability that cannot be excluded or limited under English law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or breach of any non-excludable statutory term.

Subject to the preceding paragraph and to the maximum extent permitted by law:

• Excluded losses. Neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, anticipated savings, goodwill, or pure economic loss, however arising.
• Cap. Each party’s total aggregate liability under or in connection with the Agreement, whether in contract, tort (including negligence), misrepresentation, or otherwise, is capped at the greater of (i) the fees paid or payable by the Customer to ALPN under the Agreement in the twelve months preceding the event giving rise to the claim, or (ii) one thousand pounds sterling (£1,000).
• Carve-out. The cap does not apply to the Customer’s obligations to pay fees due, breaches of Section 5 (Acceptable Use), or either party’s indemnification obligations under Section 11.

Each party (the “Recipient”) will protect the other party’s confidential information with the same degree of care it uses for its own confidential information of a like kind, and in any event no less than a reasonable degree of care. Confidential information will be used only to perform under the Agreement and disclosed only to representatives bound by equivalent confidentiality obligations. The duties in this Section survive termination for three years, and for trade secrets for as long as the information remains a trade secret under applicable law.

The Agreement commences when you first accept these Terms and continues until terminated. Either party may terminate the Agreement for material breach if the breach is not cured within 30 days of written notice. ALPN may terminate the Agreement immediately if the Customer becomes insolvent, enters administration, or ceases to carry on business.

On termination, the Customer’s right to access the Service ends. The Customer may export Customer Data for up to 30 days after termination upon request, after which all Customer Data will be hard-deleted from production systems and purged from backups within a further 30 days, save where retention is required by law.

The following Sections survive termination: 4 (intellectual property reservation), 6 (Customer Data residual obligations), 8 (accrued fees), 10 (warranty disclaimers), 11 (indemnification), 12 (liability), 13 (confidentiality), 15 (governing law), and any other provision that by its nature is intended to survive.

The Agreement, and any non-contractual obligations arising out of or in connection with it, is governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales for any dispute arising out of or in connection with the Agreement, save that ALPN may seek injunctive relief in any court of competent jurisdiction.

Notices. Notices to ALPN must be sent to hello@alpndigital.com. Notices to the Customer will be sent to the email address on the account.

Assignment. You may not assign the Agreement without our prior written consent. We may assign the Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to mitigate.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force and the unenforceable provision will be replaced by an enforceable one that gives effect, as far as possible, to the original intent.

No waiver. A failure to enforce any right is not a waiver of that right.

Third-party rights. A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it.

Entire agreement. The Agreement is the entire agreement between the parties on its subject matter and supersedes all prior or contemporaneous understandings.

Updates. We may update these Terms from time to time. Material changes will be notified to account holders by email at least 30 days in advance. Continued use of the Service after the effective date constitutes acceptance.

Questions about these Terms should be directed to hello@alpndigital.com.