Last Updated: 22/07/2025
These Terms of Service ("the Terms") govern our agreement with you in relation to all Mighty’s services that you subscribe to and that we agree to supply to you from time to time ("the Services") subject to any additional terms that may be set out in the service descriptions of Services and Add-Ons (as defined in these Terms) as they apply to you.
These Terms and the scope of add-on services may be updated from time to time and any changes will be binding on you. You agree Mighty can review these Terms regularly and we are entitled to treat your continued access to or use of the Services as confirmation that you agree to the changes.
1.1 We are “We Are Mighty Ltd” ("Mighty", "we"). We Are Mighty Ltd, trading as Mighty, is a company registered in England and Wales under company number 14186463 and its business and registered address is 86-90 Paul Street, London, England, EC2A 4NE.
1.2 When referring to each other: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Mighty, we, our or us, we’re talking about We Are Mighty Limited, the entity you contract with and pay fees to.
1.3 These Terms apply to the company which has signed up for our services, when you use any of the Services (whether on the basis of a trial or by paid monthly, one off payments or annual subscription) featured on our website www.mightyaccounting.com or https://uat.mightyaccounting.com/ ("the Sites") or and, to the fullest extent applicable, to any services which you are introduced to via the Sites, which are provided by affiliated third parties.
1.4 Construction.
In these Terms, the following rules apply:
1.5 Mighty is designed specifically with freelancers, contractors, small service-based businesses and agencies in mind - particularly those that qualify to file accounts under FRS 105, the accounting standard for micro-entities.
These are the types of businesses we know inside out, and our platform, pricing and support are all tailored to suit their needs.
That said, Mighty won’t be the right fit for everyone, and we’ll do our best to spot that early on during the sales and onboarding process. To keep things clear, here’s who we’re not built to support:
2.1. Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription. The date that you create a subscription is the commencement date for the purposes of these terms.
2.2. We reserve the right, at our discretion, to not accept an application for a Mighty Account. The reasons may include but not be limited to: you or your business not being a good for Mighty (see the ‘Who Mighty Is For’ section); technical constraints; you or your business having been banned by us from using the Services; or our inability to adequately confirm your identity; or for any other reason. No charge will be made for declined applications.
2.3. The acceptance of your application is based on the trading activity and organisational structure described by you when first signing up to the Services. If your trading activities or organisational structure change, the Services may not be right for you and we may not be able to continue to provide the Services to your business. In this instance we would reserve the right to issue a disengagement letter and cease to act for you. We welcome pro-active conversations regarding any future changes with your business so we can pro-actively advise whether Mighty will continue to be a suitable option for you. With your consent, Mighty can refer you to one of our Accountancy Partners who may be able to assist your business further.
2.4 In line with Anti-Money Laundering (AML) regulations, once you officially become a client, we will be legally required to obtain photographic proof of both photo ID and address ID (which cannot be the same document) for our records. If this isn’t provided, Mighty cannot accept you as a client.
2.5. Private limited companies with Directors and/or Shareholders who live outside of the UK must satisfy particular requirements as a condition of being accepted as clients.
2.6. If you have already been trading as a private limited company and previously used an accountant to look after your company's accounting activities, we will contact that agent to obtain professional clearance and your historical data, which we are required to do immediately upon you entering into the Contract with Mighty.
2.7. These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.8 Those invited to use Mighty: An invited user is a person other than the subscriber who has been invited to use our services through a subscription. If you’re an invited user, you must also accept these terms to use our services.
2.9. User access and roles: As a user and paying subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users. In particular, if you’re inviting another user, you are inviting them to read, add and amend your data, and as such, they are also therefore bound by these terms of service.
2.10. When you can use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is taken away.
2.11. Your role as a Subscriber: You as the paying subscriber, take responsibility for fully controlling how your subscription is managed and who can access it. For example:
2.12. What you are responsible for: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards and two-factor authentication (2FA) that can be activated, but you are responsible for ensuring that passwords are very strong and not easily guessable.
2.13. What belongs to us: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
2.14. Amendments to these terms: We sometimes will decide to change these terms of use. Changes won’t apply retrospectively and, if we make changes, we’ll let you know. Generally, we provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Mighty.
This section covers what Mighty will actually do for you (and what we won't).
3.1. Mighty shall supply the Services to you in accordance with these Terms in all material respects. Mighty shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
3.2.1. You acknowledge that the Services provided are limited to general accountancy, tax and bookkeeping support as outlined in these Terms. We do not act as your legal, regulatory or specialist tax advisors, and you remain responsible for your full legal compliance obligations.
3.2.2. The Services do not guarantee that your limited company is compliant with all rules and regulations imposed by law or regulatory authorities as particular rules and regulations may apply in your industry sector.
3.2.3. You may therefore need to take specialist advice based on your company's industry type and particular needs and activities. If we identify such areas in performing Services, we will use reasonable endeavours to draw these areas to your attention so that you can decide whether or not to take specialist advice. However, you acknowledge that we do not guarantee that we will necessarily identify all such specialist areas, even if we are aware of your company's industry type and particular needs and activities.
3.2.4. At Mighty, we can provide basic tax planning based on the income derived from your business. However, there may be times when you receive income or have tax planning needs that require a specialist advisor. These services fall outside the scope of what we offer. We’ll always aim to be upfront if something falls outside our expertise, and where possible, we’ll introduce you to someone we trust. In terms of specific personal tax services we cannot support with, please find these below:
3.2.5 From a company services perspective, we could not provide services to companies that fall within the scope of the businesses outlined in clause 1.5. In addition to this, we do not provide the following company-related services:
3.2.6. Mighty does not include the annual self-assessment tax return within the monthly or annual subscriptions and instead this is an optional Add-On (£125 + VAT as at 22/07/2025).
3.2.7. Mighty will not be liable for failing to identify any requirement you may have for specialist advice nor for any decision you make not to seek specialist advice on a specific matter we do draw to your attention.
3.2.8. Mighty will support you with routine HMRC correspondence in regards to any letters that you receive. However, whilst rarely required, we would not call HMRC on your behalf.
3.2.9. The Services do not cover the maintenance or administration of bank accounts in a foreign currency.
3.2.10. Mighty warrants to you that the Services will be provided using reasonable care and skill.
3.2.11. In providing general accountancy services, as part of the Services, we delegate certain tasks or subcontract part or all of the contractual performance to: We Are Mighty Ltd; or to suitably qualified third parties. In all cases and at all times, Mighty shall retain responsibility to you for the performance of the Services.
3.1. Mighty shall supply the Services to you in accordance with these Terms in all material respects. Mighty shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
3.2.12. Mighty is not a Managed Service Company Provider (MSCP) as defined under Chapter 9 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003, and does not direct or control its clients' businesses. Clients are solely responsible for the operation and decision-making of their limited companies. Our services are limited to general accounting, tax and software provision and do not extend to running or managing your business on your behalf. You acknowledge and accept that it is your responsibility to ensure your company does not fall within the definition of a Managed Service Company under UK tax law.
3.3. Mighty provides a packaged service in which you are subscribed to the services.
3.4. The service includes the following:
4.1. Unless you’re in a free trial or other offer period, you’ll need to pay for a subscription based on the pricing of your selected plan at that time. Subscription Charges for use of the Services are payable monthly, or annually in advance. The subscription rates are posted on our website and we may vary these from time to time. Prices on our website are quoted in UK £ sterling and exclude VAT, which is also payable. You will be notified of any changes to our current price plan.
4.2. Try before you buy: When you first sign up, you can opt for a free trial, based on the terms specified at that time. These terms may change occasionally and you will always be notified of this if you are affected. If you choose to continue using our services after the trial, you’ll be billed when you add your billing details into our services. We use Stripe for collection of payments and they will maintain your payment details for this use. If you choose not to continue using our services following a trial, you may request the deletion of your organisation.
4.3. Mighty pricing structure: Your use of our services generally requires you to pay a monthly or annual subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. The pricing includes information set out in the offer details and pricing page. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know at least 30 days in advance. This will primarily be by email to the registered subscribers address. For information on how to change pricing plans, reach out to a member of the support team. Subscription fees are exclusive of transactional taxes (such as VAT) where relevant, as reflected in the pricing plan.
4.4. A set-up fee may be charged when signing up for the Services. This fee will be dependent on whether you require us to form a limited company or you already have a limited company. The proximity of the sign-up to an existing company's year-end will be another dependency.
4.5. Once any company return has been filed, Mighty cannot be held responsible or accountable for any omissions in your accounts. Any changes required after submissions do not fall within the Mighty subscription fee and we retain the right for these to be charged separately.
4.6. If an annual payment is made for the Services please note that we are not obligated to offer a pro-rated refund if you choose to cancel your Mighty Account before the end of the year for which you have paid.
4.7. Taxes that come from the use of our services: You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.
4.8. Added services: Depending on your situation as a registered Company in the United Kingdom, you may be able to take advantage of additional services or Add-Ons that Mighty offers. This might incur an additional fee that we’ll let you know about when you sign up for that service.
4.9. If any subscription fees are overdue or outstanding, Mighty reserve the right to withhold access to your account, and any company accounting data, until payment is made in full.
4.10. You must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Client, its business address and a billing contact email address.
4.11. If you stop trading through your limited company and require Mighty to close the company for you, you will be required to make payment under your normal subscription price until your obligations have been fulfilled in your Mighty Account for the trading annual accounting period. Once these have been fulfilled, your Direct Debit will be stopped and no further subscription fees will be taken.
4.12. Insofar as we are permitted to do so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees are paid in full.
4.13. We reserve the right to increase our Charges on an annual basis, typically in April by an amount up to or equal to the Retail Price Index (RPI). "All Items" are published that year by the Office of National Statistics.
This section covers the things you'll need to do to keep things running smoothly on your end.
You shall:
5.1. Cooperate with Mighty in all matters relating to the Services including complying with any and all reasonable instructions provided by Mighty in relation to the same. If you decide not to comply with any instructions provided by Mighty, we accept no responsibility for any decisions you make or decide not to make;
5.2. Provide Mighty with such information and documentation as Mighty may reasonably require in order to supply the Services, and ensuring that this is accurate in all material respects;
5.3. Ensure that Mighty has complete and accurate information and keep your Mighty Software up to date at all times throughout the subscription period, including any changes to the company structure, trading activity, business address and personal contact details;
5.4. Ensure all accounts held with Mighty have unique email addresses that are active and accepting of Mighty emails (i.e. if you hold multiple accounts, each must have a different email to the rest);
5.5. Keep your Mighty Software updated with all trading transactions, including, but not limited to: entering all invoices and expenses; recording all withdrawals and payments; reconciling your Mighty Software to your relevant bank and credit card statements on a regular basis; approving your VAT returns (if you are registered); and approving RTI submissions through your Mighty Software, when required;
5.6. If your company is VAT Registered, you must be add the VAT service to your HMRC Business Tax Account and connect Mighty to this so returns can be filed in-line with HMRC’s Making Tax Digital.
5.7. If you are paying yourself a salary, you must be registered for PAYE and have added the PAYE for Employers service to your HMRC Business Tax Account. Your HMRC Business Tax Account credentials will need to be added into Mighty (where the password is encrypted) in order for us to file monthly RTI and end of year submissions.
5.8. We are not responsible for assessing the IR35 status of any contracts you undertake. It is your responsibility to request an assessment of your employment status for IR35 if you consider this to be required. If it is required, we would not be able to support and instead could make an introduction to a partner who will charge their own additional fees not covered within the Mighty subscription. We will treat you in accordance with your instructions for the purposes of IR35. You must inform us immediately if your IR35 status changes and we will require a new instruction
5.9. Advise us accordingly, if you will be undertaking any activities that fall inside the scope of IR35, where the responsibility of paying the NI/PAYE falls with you (for example, with overseas or ‘small’ clients, where an umbrella company may not be suitable). If this is the case, you will then be required to inform us of the payments so that we can prepare the appropriate "deemed payment" calculations. We reserve the right to charge additional fees for this service, but they would be communicated in advance.
5.10. Ensure that the Services are not abused or used for any immoral or illegal purpose or in any way that would bring Mighty into disrepute;
5.11. For the purposes of Employment Intermediary Reporting, advise us if you are an agency or intermediary that supplies the services of individuals to a client, provide more than one worker's services to one or more clients because of your contract with those clients, or make one or more payments for the services provided to clients (including payments to third parties). Mighty is not responsible for any Employment Intermediary Reporting your company is required to make to HMRC.
5.12. You must also advise us if your business secures investment from outside sources or if your business takes on a loan, credit or other guarantee. If such circumstances exist you authorise Mighty to contact the provider of such investors, loans, credit arrangements and guarantees. Depending on the nature of the loan/investments, Mighty may not be the right solution for you and if so, we will communicate this to you but you are responsible for informing us of the change in circumstances;
5.13. Open at least one pound sterling business account, with a UK-based bank, through which your company can process business transactions.
5.14. Ensure that your Mighty Software is fully updated and reconciled at least 16 weeks before the financial accounts filing deadline. Your software must be fully reconciled by the end of the fifth month after the accounting period ends ('year-end');
5.15. Mighty will not be held responsible for any fines, surcharges or penalties incurred in the event that you do not comply with clause 5;
5.16. Ensure that you approve your financial accounts at least five business days before the accounts filing deadline;
5.17. Ensure that the data in your RTI payroll submissions are correct and that the submissions from the Mighty accounting software are made on time. Failure to do this may lead to automatic penalties, surcharges and/or interest charged by HMRC. Employers cannot delegate this legal responsibility to others;
5.18. Ensure that you meet filing deadlines for your Annual Confirmation Statement (including your Persons with Significant Control Register). You will be notified of these filing deadlines in advance by email. We cannot be held responsible for any late filing fees or penalties caused once notification has been sent;
5.19 Ensure that you have a currently active Mighty Account in order to file any company returns, this includes PAYE Full Payment Submission ("FPS"). If you choose to leave the Service before these filings are due, and have not made specific arrangements with Mighty, you will need to file your company's PAYE end of year filings;
5.20. Remain solely and fully responsible for any breach of your obligations under these Terms and the consequences of any such breach, expressly acknowledging that Mighty has no responsibility to you or to any third party for such breaches or the consequences of such breaches and that you shall indemnify Mighty in relation to the same in accordance with clause 14.8; and
5.21. Notify Mighty of an intention to cancel your Mighty Account at least 30 days before the next related direct debit payment is due to be processed.
You shall not:
5.22. Give any illegal or improper bribe, kickback, payment, gift, or thing of value to any Mighty employees or agents in connection with the Services;
5.23. Use any feature of the Services in any way that might infringe the rights or privacy of other users of the Services (either by hacking or other malicious means or otherwise);
5.24. Impersonate any person or entity, or falsely state or otherwise make available content that contains software viruses or any other computer code, files or programmes that could interrupt, destroy or limit the functionality of the Mighty Software, hardware or telecommunications equipment of Mighty, its users or affiliates; or
5.25. Reproduce, copy, sell, trade or resell all or any part of the Services for any purpose.
5.26. If Mighty's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation ("Client Default"):
5.27. The accuracy and completeness of the data entered into the Mighty Software, is wholly your responsibility and we are wholly dependent upon your entering this in a timely way, and upon any information or explanations we receive from you. We are under no obligation to identify, specifically, missing or incomplete information. You are responsible for verifying the outputs and calculations generated by the Mighty Software before relying on them to make financial decisions or file returns. We do not guarantee that all outputs from the Mighty Platform will be error-free or suitable for your specific circumstances, and you are responsible for reviewing and verifying all submissions made through the platform.
5.28. If you have accounts from previous years that have not yet been finalised, we will not have opening balances from these periods. Consequently, your Mighty Software will not truly and accurately reflect your current financial status until we have this information.
5.29. If you start to use the Services midway through your current trading period you must enter any trading activities and related transactions already undertaken, including associated data into your Mighty Software. You are entirely responsible for entering this information and for its accuracy. You acknowledge that if you start using the Services midway through your current trading period you may be required to purchase additional bookkeeping services.
5.30. Mighty will start providing its services for the financial year in which the company's Commencement Date falls. Any previous year's accounts must be completed and filed by your previous agent, if you have one, or arrangements can be made separately to perform these activities with Mighty as an additional service.
5.31. If your previous year's accounts have not been filed, and opening balances are not entered into the Mighty Software by the time your first year end Accounts are due to be filed by Mighty, they will not be able to be filed. Any fines or penalties resulting from this will not be the responsibility of Mighty.
5.32. Company directors are wholly responsible for the registration, completion and filing of their own annual Self-Assessment Tax returns. Mighty can assist with the registration, however Mighty cannot request updates on registration progress with HMRC. This can only be chased by the individual. Mighty offers a separate, paid for Personal Tax service for tax registration and for the completion and filing of returns.
5.33. You have a legal responsibility to retain documents and records relevant to your tax affairs. During the course of our work, we may collect information from you and others relevant to your tax affairs. We will return any original documents to you, if requested. Documents and records relevant to your tax affairs are required by law to be retained by individuals and companies. Individuals who are self-employed must retain their tax records for at least 5 years after the 31 January submission deadline of the relevant tax year. Private Limited Companies must keep records for at least 6 years from the end of the last company financial year to which they relate.
5.34. For the avoidance of doubt you are solely responsible for all tax liabilities, interest, penalties and the costs of defending your status regardless of the outcome of an IR35 employment status assessment and/or the subsequent status determined by a tribunal or other hearing.
5.35. Mighty may terminate the Contract without liability if you breach any of your obligations stated in this clause 5. In the event Mighty exercises its right to terminate under this clause. Mighty shall provide you with up to one month's written notice.
Mighty uses your data to provide our services to you. However, we take data use and privacy very importantly. This section covers how we collect, use and protect your data.
6.1. Our Privacy Policy: This explains how we process personal information received by us about you or your employees (if you are a business) in order to provide the Services and meet our own legal and regulatory obligations. In agreeing to these Terms, you acknowledge that you have read our Privacy Policy, as may be updated from time to time. You can always find the most up to date version of our Privacy Policy here.
6.2. How and why we use your data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
6.3. Your personal data: We do the upmost to respect your privacy and take data protection very seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into Mighty, like your name and email address.
6.4. Use of others personal data that you enter into Mighty: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into Mighty.
6.5. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
6.6. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you're best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.
6.7. GDPR: You and we are separate Controllers for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Act 2018 and each of us shall comply with all data protection legislation applicable to it ("Data Protection Law") when processing personal data in connection with the Services. Each party undertakes not to knowingly cause the other to breach Data Protection Law. In particular, you warrant that any disclosure of Personal Data to us complies with Data Protection Law including that you have obtained any consents required and out appropriate notices in place.
We take reasonable precautions to protect your confidential information and ask that you do the same for ours.
7.1. Maintaining confidentiality: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we, both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
We take security seriously and require you to as well. To help protect our services and your data, we offer added security features such as two-factor authentication.
8.1. Methods used to keep your account safe: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
8.2. Additional security features: We may introduce security features to make your account more secure, such as our adoption of two-factor authentication. We may require you to adopt some of these features. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
8.3. Your responsibility when it comes to protecting access to your data: You should do everything in your power to keep your login details secure, and not let any other person use them, and make sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Mighty’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details, tax identifiers or bank account details. We encrypt your password (both for your Mighty account and within your HMRC credentials) so no one at Mighty can view these.
To help make your experience running your business as seamless as possible, our ecosystem includes apps and other products and services made available by trusted partners. When you link with other services, their terms come into play too. Here's more details on who we work with:
9.1. TrueLayer and bank feeds: When you connect a bank account through our TrueLayer integration from within our services you are subject to separate TrueLayer terms. We also may choose to switch providers of these services which may lead to interruptions to your services.
9.2. Amazon Textract: within Mighty, we use Optical Character Recognition (OCR) technology to extract data from documents such as receipts, bills and invoices and to create expenses and invoices within Mighty. You can choose not to use this feature, but it is available. We reserve the right to use and offer alternative OCR/LLM software to improve these features, but if alternative OCR/LLM software is offered, you will be required to opt-in.
9.3. Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.
9.4. Payments made to Mighty: Just so you know, some third-party providers may pay Mighty a fee that may be related to: referrals from Mighty; revenue made by the provider; or data that the providers access about you through our services with your consent.
Sometimes it’s necessary for us to have some downtime so we can keep building and release updates. We will however try to minimise this as much as possible so your experience isn’t affected. You may also have occasional access issues and may experience data loss that we can’t control, so it’s important you back up your data where you can.
10.1. When you can access the system: We strive to maintain the availability of our services, 24 hours a day and provide email support, within the United Kingdom working hours of 09:00 to 17:00 BST Monday to Friday. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
10.2. Data loss: Data loss is an unavoidable risk when using any technology. We use cloud storage and multi-site back-up to minimise this risk however, you’re responsible for maintaining copies of your data entered into our services.
10.3. No compensation available: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
A lot of this might sound like common sense but it’s really important to make sure we outline how you can (and can’t) use our services.
11.1. Tell us how we are doing: We love your feedback and may use it without restriction including but not limited to on our website or across our marketing materials if we so choose.
11.2. Trial services: Occasionally we may offer a service at no charge, like a beta pilot for example, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
11.3. You must not: While this list isn’t exhaustive, we do want to point out a few more examples of things you mustn’t ever do:
12.1. Refer a friend and get £100: For both the referee and the referrer to be eligible to receive the Mighty promotional offer (the 'Offer'), the referee must pay their first month subscription. Following this, we will inform you once this is the case and request that you send a £100 invoice to us, which typically would be sent from your limited company and include VAT if necessary.
12.2. The reward: This reward is to be treated as taxable income, most typically for the business, but if paid personally, then for the individual. It is your responsibility to ensure this is included within your company accounts or self-assessment tax return.
12.3. Modification: Mighty reserves the right to modify the reward, these terms and conditions or cancel the Offer at any time.
This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.
13.1. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
13.2. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 56, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
13.3. Payments: Mighty cannot initiate payment transactions on your behalf therefore shall not be held liable for unauthorised payment transactions. In cases of unauthorised payment transactions, you should contact your bank directly.
13.4. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
14.1. You warrant and undertake you:
14.2. We will use reasonable endeavours to ensure that the Services are suitable for your intended use but we do not warrant that the Services will meet your requirements or that they will be error-free, timely, reliable, entirely secure, virus-free or available at all times since we are dependent on the reliability of the internet and your use of your own computer to access the Services. We will try to keep any disruptions to a minimum but it may be necessary to suspend the Services from time to time to carry out maintenance and support work.
14.3. The Services are provided on an "as is" basis. Save as expressly set out in these Terms, all warranties, representations, undertakings or terms whether express or implied, statutory or otherwise, including in particular any implied warranty of satisfactory quality or fitness for any particular purpose or use are excluded to the fullest extent permitted by law.
14.4. Nothing in these Terms shall limit or exclude Mighty's liability for:
14.5. Subject to clause 14.4, Mighty shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or correction of software, data or information, loss of goodwill, any regulatory fines (total or incremental) arising from circumstances occurring prior to appointment, or any indirect or consequential loss arising under or in connection with the Contract.
14.6. Subject to clause 14.4, Mighty's total aggregate liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total sum of the Charges paid by you for the Services in the 6 month period preceding the date when the claim or claims arose.
14.7. You agree that all the limitations and exclusions of liability in favour of Mighty have been drawn to its attention and are reasonable in the circumstances under which the Services are to be performed. In the event that a court of competent authority does not agree that the provisions of clause 17.4 shall apply and in any event, subject to clauses 14.5 and 14.6 and this clause, Mighty's total liability shall not exceed the limits of the professional indemnity insurance that it maintains from time to time.
14.8. You hereby undertake and agree to indemnify Mighty and keep it fully indemnified for and against any and all costs, losses, damages, expense and/or liabilities (including, without limitation, any legal fees and expenses) which may be suffered or incurred by Mighty arising out of or in connection with (i) any breach of your undertakings or obligations set out in these Terms, and/or (ii) your negligence, fraud or misconduct.
14.9. This clause 14 shall survive termination of the Contract.
Whilst we hope this won't be the case, this section covers what happens if either of us decides to end the relationship.
15.1. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. Typically for annual payments, this will cover your 12 month accounting period. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month's notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination. No refund is due to you if you terminate your subscription or Mighty terminates it in accordance with these terms. You shall be deemed to have terminated the Contract if:
15.2. Mighty may terminate the Contract at any time by giving you not less than one (1) month's Written Notice. Mighty may also terminate the Contract with immediate effect, at Mighty's sole discretion, should any of the events described in clause 15.6 occur.
15.3. For the avoidance of doubt, failure by you to pay any Charges due to Mighty in full in cleared funds by the due date shall constitute a material breach of the Contract. Failure by you to pay the Charges to Mighty in cleared funds by the due date on more than two occasions shall entitle Mighty to terminate the Contract immediately on giving Written Notice to you.
15.4. Without limiting its other rights or remedies, Mighty may suspend provision of the Services under the Contract or any other contract between you and Mighty if you become subject to insolvency or liquidation, or if Mighty reasonably believes that you are about to become subject to insolvency
15.5. The events referred to in clause 15.2 above, which shall entitle Mighty to terminate the Contract with immediate effect by written notice (which may be given by email) include, without limitation:
15.7. Consequences of Termination
Sometimes life throws curveballs. This bit covers what happens if something completely out of our control gets in the way.
16.1 For the purposes of this Contract, Force Majeure Event means;
16.2. Mighty shall not be liable to you as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
16.3. If the Force Majeure Event prevents Mighty from providing any of the Services for more than 10 weeks, Mighty shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
This section covers the final details and formalities of these terms of service.
17.1. Assignment and Other Dealings: Mighty may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any other third party or agent.
17.2. Internal Disputes and Complaints: if you are a Private Limited Company and we become aware of a dispute between parties who are shareholders or directors of the company, it should be noted that our client is the company itself. We would not provide information or services to one party without the express knowledge and permission of all parties. Unless otherwise agreed by all parties we will continue to supply information to the registered office/normal place of business for the attention of the directors.
17.3. Notices:
17.4. Severance: if any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
17.5. Waiver: a waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.6. No Partnership or Agency: nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the Agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
17.7. Third Parties: a person who is not a party to the Contract shall not have any rights to enforce its terms.
17.8. Entire Agreement: the contract constitutes the entire agreement between the parties in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Mighty, which is not set out in the Contract.
17.9. Governing Law: the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. We and you agree to attempt to resolve any dispute amicably by speaking to one another before resorting to any legal action.
17.10. Jurisdiction: each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
17.11. Dispute resolution: most concerns can be resolved quickly and to everyone’s satisfaction by contacting us by sending an email to support@mightyaccounting.com. If required, disputes can be escalated to the Head of Operations. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. For disputes of a financial nature, if at any point you are unsatisfied with the response from Mighty, you have the right to elevate this dispute to the Financial Ombudsman Service.
17.12. Legal notices: any notice you send to Mighty must be sent to support@mightyaccounting.com and posted to our registered address at 86-90 Paul Street, London, England, EC2A 4NE. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
18.1. You must not use our services in violation of any export or trade embargo laws that apply to you.
18.2. Blocking your access, disabling your subscription, or refusing to process a payment: We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
.svg){kind=icon}
