Legal

Terms & Conditions

Last updated July 2026 (Version 1.0)

DARE Technology is a specialist provider of Apple device management, licensing, Zappl application patching services, Apple remote support and related technical professional services. These Terms and Conditions govern the supply of software licences, software services, and professional services provided by DARE Technology Limited.

1. Definitions

Definitions for Customer, Services, Software, Zappl, Support Services, Professional Services, Charges, Initial Term, Renewal Term and Affiliate.

Affiliate means any company that controls, is controlled by, or is under common control with a party.

Agreement means these Terms and Conditions together with any applicable Order Form.

Business Day means any day other than a Saturday, Sunday or public holiday in England.

Charges means the fees payable by the Customer for the Services.

Customer means the person, company or organisation purchasing the Services.

Customer Data means any data, information or content processed by DARE on behalf of the Customer in connection with the Services.

DARE means DARE Technology Limited.

Intellectual Property Rights means all patents, copyrights, trademarks, trade secrets, database rights and other intellectual property rights whether registered or unregistered.

Initial Term means the period specified in the applicable Order Form.

Order Form means any quotation, proposal, sales order, statement of work or other document accepted by the Customer for the provision of Services.

Professional Services means consultancy, implementation, migration, training, project delivery or other specialist services supplied by DARE.

Reasonable Notice means, unless a different period is expressly stated elsewhere in this Agreement, not less than thirty (30) business days' written notice.

Renewal Term means any subsequent renewal period agreed between the parties or arising under the applicable Order Form.

Services means any software, support, consultancy, subscription, licensing or professional services supplied by DARE under this Agreement.

Software means any third-party software licences, subscriptions or products supplied by DARE, including Jamf products.

Support Services means technical support, administration assistance, troubleshooting and related services provided by DARE.

Third-Party Services means any software, platform, operating system, cloud service, API, identity provider or other service not owned or operated by DARE.

Zappl means DARE's proprietary software platform, including all associated applications, services, updates, documentation and related intellectual property.

2. Scope of Services

DARE may provide one or more of the following services:

Services provided shall be described in the applicable Sales Order Form.

3. Software Licensing

Where DARE supplies software licences:

  1. Licences remain subject to the applicable software vendor's licensing terms.
  2. DARE acts as a reseller and facilitator of third-party software licences.
  3. The Customer is responsible for ensuring compliance with all applicable licensing requirements.
  4. Software licences are non-transferable unless expressly permitted by the software vendor.
  5. Fees relating to third-party software licences are non-refundable once procured or committed to by DARE.
  6. DARE shall not be responsible for any changes to functionality, licensing models, pricing, support availability, product availability or other changes made by any third-party software vendor.
  7. The Customer acknowledges that software licences supplied by DARE remain subject to the applicable vendor's terms and conditions and may be amended by the vendor from time to time.

4. Support Services

DARE shall provide support services as described in the applicable Order Form.

Support may include:

Support services do not guarantee resolution of issues caused by third-party software, vendor outages or customer infrastructure.

DARE may suspend any Services where undisputed invoices remain unpaid beyond their due date.

5. On-Site Support Services

Where purchased by the Customer, DARE may provide on-site support services.

On-site services may include:

The Customer shall provide reasonable access to facilities, equipment and personnel required for service delivery.

Travel and accommodation expenses may be charged unless expressly included within the Order Form.

DARE may use suitably qualified subcontractors whilst remaining responsible for delivery of the Services.

6. Professional Services

1. Professional services may be delivered remotely or on-site and may include:

Any change to scope may result in revised Charges.

2. Change Control

Where the Customer requests any change to the scope, deliverables, assumptions, timelines, specifications or requirements relating to the Services, DARE shall be entitled to assess the impact of the requested change.

DARE may provide the Customer with details of:

No requested change shall become effective unless agreed in writing by both parties.

DARE shall not be obliged to commence work relating to any requested change until such agreement has been reached.

Where changes are required due to inaccurate, incomplete or revised information provided by the Customer, DARE reserves the right to adjust Charges, delivery dates and resource allocations accordingly.

7. Charges & Payment

Payment Terms

Invoices shall be payable within thirty (30) days of the invoice date unless otherwise specified in the applicable Order Form.

Payments shall be made in the currency specified within the applicable Order Form.

The Customer shall make payments in full without deduction, set-off, withholding or counterclaim except where required by law.

Renewal Charges

Subscription fees applicable to any Renewal Term shall be those specified within the applicable Order Form or any renewal quotation issued by DARE.

Unless otherwise agreed in writing, DARE reserves the right to adjust Charges upon renewal by providing reasonable prior notice to the Customer.

Professional Services

Where Professional Services are provided:

Customer Delays

Where delays are caused by the Customer, including delays in providing information, access, approvals or required resources, DARE reserves the right to charge reasonable additional fees for any resulting time, effort or expense incurred.

Where reasonably practicable, DARE shall notify the Customer before incurring any material additional Charges.

Disputed Invoices

If the Customer disputes an invoice, the Customer shall:

The undisputed portion of the invoice shall remain payable in accordance with the agreed payment terms. Both parties shall work in good faith to resolve any disputed amounts promptly.

Late Payment

DARE reserves the right to charge interest on overdue amounts at a rate of four percent (4%) above the Bank of England base rate.

Interest shall accrue daily from the due date until payment is received in full.

DARE may also recover reasonable costs incurred in recovering overdue amounts.

Suspension for Non-Payment

DARE reserves the right to suspend access to the Services where undisputed invoices remain unpaid beyond their due date.

Where reasonably practicable, DARE shall provide notice before exercising its right of suspension.

Suspension of Services shall not relieve the Customer of its obligation to pay outstanding Charges.

Taxes

The Customer shall be responsible for all applicable taxes, duties, levies and similar governmental charges arising from the purchase of the Services, excluding taxes based upon DARE's income.

Non-Refundable Fees

Unless expressly stated otherwise within an applicable Order Form:

Audit of Charges

DARE reserves the right to review subscription levels and service usage, including device volumes, user volumes and other applicable usage metrics. Where actual usage materially exceeds the Customer's contracted entitlements, DARE may require the Customer to upgrade to an appropriate subscription level.

8. Customer Responsibilities

The Customer shall:

  1. Provide accurate information.
  2. Provide timely access to systems and personnel.
  3. Maintain valid software licences and subscriptions.
  4. Cooperate with DARE in service delivery.
  5. Maintain appropriate backups of all systems and data.

Customer Delays

The Customer acknowledges that the timely delivery of the Services depends upon the Customer providing access, information, approvals, personnel and other assistance reasonably requested by DARE.

DARE shall not be liable for any delay, failure or inability to perform the Services to the extent caused by:

  1. Delays in Customer approvals or decisions.
  2. Failure to provide access to systems, devices, premises or personnel.
  3. Incomplete, inaccurate or late information supplied by the Customer.
  4. Customer-requested postponements or rescheduling of Services.
  5. Any act or omission of the Customer or its representatives.

Where any such delay results in additional time, effort or expense being incurred by DARE, DARE reserves the right to charge the Customer for such additional costs at its then-current rates, provided that DARE notifies the Customer in advance where reasonably practicable.

Any agreed delivery dates, project timelines or service commitments shall be extended by a period equivalent to the delay caused by the Customer.

9. Cyber Security

The Customer shall maintain appropriate cyber security measures, access controls, endpoint protection, software updates and security policies within its environment.

The Customer shall promptly notify DARE of any actual or suspected security incident that may affect the Services.

DARE shall not be liable for any loss, damage, service interruption, security breach, malware infection, ransomware attack, unauthorised access, corruption of data or system compromise arising from:

  1. Customer actions or omissions.
  2. Failure by the Customer to maintain appropriate security controls.
  3. Unsupported software, operating systems or third-party services.
  4. Customer failure to implement DARE's recommendations.
  5. Third-party attacks or events outside DARE's reasonable control.

The Customer remains responsible for maintaining appropriate backups and disaster recovery arrangements for its systems and data.

9.1 Information Security

DARE shall maintain reasonable administrative, technical and organisational security measures designed to protect Customer Data against unauthorised access, disclosure, alteration or destruction.

DARE may maintain information security policies, procedures and controls appropriate to the nature of the Services provided.

9.2 Security Incident Notification

DARE shall notify the Customer without undue delay upon becoming aware of any security incident materially affecting Customer Data where notification is required by applicable law or where the incident materially impacts the Services.

9.3 Subcontractor Security

Where DARE uses subcontractors in connection with the Services, DARE shall remain responsible for their performance and shall take reasonable steps to ensure they are subject to appropriate confidentiality and security obligations.

10. Data Protection

Both parties shall comply with applicable Data Protection Laws, including the UK GDPR and Data Protection Act 2018.

Where DARE processes personal data on behalf of the Customer, DARE shall act as a processor and the Customer shall act as controller.

Each party shall implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage.

10.1 Data Retention and Deletion

Upon termination or expiry of the Services, DARE shall, at the Customer's written election made within thirty (30) days of termination, either (a) return all personal data processed on the Customer's behalf in a commonly used format, or (b) securely delete such personal data, in either case within sixty (60) days of the Customer's election or, absent any election, within ninety (90) days of termination — save that DARE may retain personal data to the extent, and for so long as, required by applicable law, regulatory obligation or legitimate business record-keeping requirements, in which case such retained data shall remain subject to the confidentiality and security obligations of this Agreement.

10.2 Processor Obligations

Where DARE acts as processor, DARE shall:

  1. Process personal data only on the Customer's documented instructions, unless otherwise required by applicable law.
  2. Ensure that personnel authorised to process personal data are subject to appropriate confidentiality obligations.
  3. Take reasonable steps to ensure that any subprocessors engaged in connection with the Services are subject to appropriate contractual obligations relating to the protection of personal data, and remain responsible for their performance.
  4. Taking into account the nature of the processing, provide reasonable assistance to enable the Customer to respond to requests from data subjects exercising their rights under applicable Data Protection Laws.
  5. Notify the Customer without undue delay upon becoming aware of a personal data breach affecting personal data processed on the Customer's behalf.
  6. Make available to the Customer information reasonably necessary to demonstrate compliance with this Section 10.

11. Limitation of Liability

11.1 Excluded Losses

Neither party shall be liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:

  1. Loss of profit;
  2. Loss of revenue;
  3. Loss of business;
  4. Loss of contracts or opportunities;
  5. Loss of anticipated savings;
  6. Loss of goodwill or reputation; or
  7. Indirect, consequential or special losses.

11.2 Third-Party Software

DARE shall not be liable for losses arising directly from the acts, omissions, failures, interruptions, vulnerabilities or changes of any third-party software vendor, service provider or platform.

11.3 Customer Data

Subject to Clause 12.5, DARE shall not be liable for any loss, corruption, restoration or recovery of Customer Data except to the extent caused by DARE's wilful misconduct.

The Customer's obligations in respect of backups and disaster recovery are set out in Section 9.

11.4 Liability Cap

Subject to Clause 12.5, DARE's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of:

(a) the total Charges paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim; or

(b) £50,000.

For the avoidance of doubt, the limitations set out in this Clause 11 apply only to DARE's liability to the Customer and shall not operate to limit, cap or otherwise restrict the Customer's indemnity obligations under Clause 17.

11.5 Unlimited Liability

Nothing in this Agreement shall exclude or limit either party's liability for:

12. Confidentiality

Confidential Information

Each party may receive or have access to Confidential Information belonging to the other party in connection with the Services.

Confidential Information includes any non-public business, commercial, financial, technical, operational, security, customer, product, pricing, strategic or proprietary information disclosed by either party, whether in written, electronic, visual, oral or other form.

Confidentiality Obligations

Each party shall:

Keep Confidential Information confidential, use it solely for the purposes of performing or receiving the Services, protect it using at least the same degree of care it uses to protect its own confidential information (and in any event no less than reasonable care), and restrict access to personnel, contractors and advisers who have a legitimate need to know.

Permitted Disclosure

A party may disclose Confidential Information where required by law, regulation, court order or a regulatory authority; where reasonably necessary to professional advisers, auditors or insurers who are themselves subject to confidentiality obligations; or where the other party has provided prior written consent.

Where legally permitted, the disclosing party shall be notified before such disclosure occurs.

12.5

Notwithstanding Clause 11 (Limitation of Liability), each party's total aggregate liability for breach of this Clause 12 (Confidentiality) shall not exceed two (2) times the liability cap set out in Clause 11.4. Nothing in this Clause 12.5 shall limit either party's liability under Clause 11.5 (Unlimited Liability).

13. Duration & Termination

The agreement shall commence on the date specified in the Order Form and continue for the Initial Term. Unless the parties agree a Renewal Term in writing (including via a new or renewal Order Form), this Agreement shall terminate automatically on expiry of the Initial Term.

Either party may terminate this Agreement immediately by written notice where the other party:

  1. Commits a material breach of this Agreement and, where the breach is capable of remedy, fails to remedy that breach within thirty (30) days of written notice requiring it to do so.
  2. Becomes insolvent, enters administration, liquidation or any analogous process.

Upon termination:

  1. Outstanding undisputed invoices become payable.
  2. Third-party software licence fees already procured or committed to by DARE remain non-refundable.
  3. Zappl subscription fees already invoiced or committed to by DARE remain non-refundable.

14. Non-Solicitation

The Customer shall not, whether directly or indirectly (including via any agency, umbrella company, contractor or third party), employ, engage or solicit for employment or engagement any DARE personnel who have been involved in the delivery of the Services, for a period of twelve (12) months following the completion of the relevant Services or termination of this Agreement, whichever is later. Nothing in this Clause 14 shall prevent the Customer from employing or engaging any person who responds to a genuine public recruitment advertisement not specifically targeted at DARE personnel.

15. Intellectual Property

All Intellectual Property Rights remain vested in their respective owners.

Any methodologies, templates, documentation, automation workflows, software developments or materials developed by DARE remain the property of DARE.

The Customer receives a non-exclusive licence to use deliverables for its internal business purposes.

15.1

Subject to the Customer's compliance with this Agreement and the limitations set out in Clause 11, DARE shall defend the Customer against any third-party claim that the Zappl platform, as supplied by DARE and used in accordance with this Agreement, infringes that third party's UK intellectual property rights, and shall indemnify the Customer against damages finally awarded, provided that DARE shall have no obligation under this Clause 15.1 to the extent the claim arises from: (a) the Customer's modification of the Services; (b) use of the Services in combination with software or systems not supplied or approved by DARE; (c) use of the Services other than in accordance with this Agreement; or (d) Third-Party Software or Third-Party Services. This Clause 15.1 states DARE's entire liability, and the Customer's sole remedy, for any IP infringement claim.

16. General Terms

16.1 Assignment and Subcontracting

Neither party may assign, transfer, charge or otherwise dispose of any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.

DARE may use suitably qualified subcontractors in connection with the delivery of the Services, provided that DARE shall remain responsible for the performance of such subcontractors.

DARE may assign this Agreement as part of any merger, acquisition, business transfer or corporate reorganisation.

16.2 Notices

Any notice given under this Agreement shall be in writing and delivered by email, recorded delivery or courier to the contact details specified in the applicable Order Form, or such other address as either party may notify to the other from time to time.

Notices shall be deemed received:

  1. If delivered by hand, upon delivery.
  2. If sent by recorded delivery, two Business Days after posting.
  3. If sent by email, at the time of transmission, provided no delivery failure notification is received.

16.3 Force Majeure

Neither party shall be liable for any delay or failure in performing its obligations under this Agreement where such delay or failure results from circumstances beyond its reasonable control, including but not limited to:

  1. Internet or telecommunications failures.
  2. Cyber-attacks or malicious software incidents.
  3. Power outages.
  4. Industrial disputes.
  5. Natural disasters.
  6. Acts of government.
  7. War, terrorism or civil unrest.

If such event continues for more than sixty (60) consecutive days, either party may terminate the affected services upon written notice.

16.4 Waiver

No failure or delay by either party in exercising any right, power or remedy under this Agreement shall operate as a waiver of that right, power or remedy.

16.5 Entire Agreement

This Agreement, together with any applicable Order Form and referenced policies, constitutes the entire agreement between the parties and supersedes all prior agreements, discussions, negotiations, representations and understandings relating to its subject matter. Each party acknowledges that it has not relied upon any statement, representation or warranty not expressly set out in this Agreement.

Nothing in this clause shall limit or exclude liability for fraud or fraudulent misrepresentation.

16.6 Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

16.7 Third Party Rights

A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

16.8 Governing Law

This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.

16.9 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.

16.10 Survival

Any provisions which by their nature are intended to survive termination or expiry of this Agreement, including but not limited to clauses relating to confidentiality, intellectual property, liability, payment obligations and data protection, shall remain in full force and effect following termination.

16.11 Business Continuity

DARE shall maintain reasonable business continuity and disaster recovery arrangements appropriate to the Services provided.

16.12 Order of Precedence

Where the Customer purchases Zappl licences or subscriptions, the Zappl Terms of Service shall govern the provision and use of Zappl and shall take precedence over this Agreement to the extent of any conflict. This Agreement shall continue to govern all other Services.

17. Customer Warranty

The Customer warrants and represents that:

  1. It has full authority to enter into this Agreement.
  2. It shall comply with all applicable laws, regulations and licensing requirements.
  3. Any information supplied to DARE shall be accurate and complete.
  4. It shall obtain all necessary permissions, licences and consents required for DARE to perform the Services.
  5. Its use of the Services shall not infringe the rights of any third party.

The Customer shall indemnify DARE against any losses, claims, damages, liabilities, costs or expenses arising from any breach of the warranties contained in this clause.

18. DARE Warranty

DARE warrants that:

  1. The Services shall be provided with reasonable skill, care and diligence.
  2. DARE shall use appropriately skilled and qualified personnel in the delivery of the Services.
  3. DARE shall perform the Services in accordance with generally accepted industry standards.

Except as expressly stated in this Agreement, all warranties, conditions and representations, whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.

DARE does not warrant that:

  1. The Services will be uninterrupted or error-free.
  2. Third-party software will operate without defects.
  3. Vendor services will remain available.
  4. Zappl or any third-party integration will be free from interruption caused by external factors.

19. Affiliate Ordering

Where an Affiliate of the Customer places an Order Form under this Agreement, that Affiliate shall be deemed to have accepted and be bound by the terms of this Agreement.

Each Order Form shall clearly identify the contracting entity responsible for payment of the applicable Charges.

Unless otherwise agreed in writing, the contracting entity named on the applicable Order Form shall remain solely responsible for all Charges, liabilities and obligations arising under that Order Form.

DARE shall not be required to provide Services to any Affiliate unless an Order Form has been executed by or on behalf of that Affiliate.

20. Marketing & Customer References

Customer References

Unless the Customer requests otherwise in writing, DARE may identify the Customer as a customer of the Services in its marketing materials, website, customer lists and partner communications.

Use of Customer Name and Logo

DARE may use the Customer's name, logo and trademarks solely for the purposes described in this Section.

Any such use shall be subject to the Customer's reasonable brand guidelines where provided.

Confidential Information

DARE shall not disclose Customer Data, Confidential Information, commercial terms or pricing information to any third party without the Customer's prior written consent, except where required by law, regulation or court order.

Customer Approval

DARE may identify the Customer as a customer of the Services in marketing materials unless the Customer requests otherwise in writing.

DARE shall obtain the Customer's prior written approval before publishing any case study, testimonial, press release or similar content relating specifically to the Customer.

The Customer may withdraw such approval at any time by providing written notice, and DARE shall use reasonable endeavours to comply with such request within a reasonable period.

Contact

DARE Technology Limited
Apple Technical Partner • Jamf Elite Partner • Zappl Automation • Consultation Services

DARE Technology Limited is a company registered in England and Wales. Company number: 12514284. Registered office: Clavering House, Clavering Place, Newcastle, NE1 3NG.
VAT number: GB 347 642 090.

Sales & Customer Success: hello@dare.tech
Technical Support: support@dare.tech
Web: www.dare.tech

© DARE Technology Limited. All rights reserved.