Terms of Service

1.1We are "Mighty Ltd" ("Mighty", "we"). 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.

1.2When referring to each other: In these Terms, any mention of you or your covers both you personally and any company or firm you are authorised to act on behalf of. Any mention of Mighty, we, our or us means Mighty Ltd, the company you contract with and whose fees you pay.

1.3These 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 ("the Sites") and, to the fullest extent applicable, to any services which you are introduced to via the Sites, which are provided by affiliated third parties.

Definitions

In these Terms, the following definitions apply:

1.4How to read these Terms. In these Terms, the following rules apply:

Who Mighty is for (and who we're not for)

1.5Mighty 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:

• Businesses that fall under the FRS 102 accounting standards
• Larger businesses — typically companies with more than one member of staff beyond directors, shareholders and spouses
• Group structures (e.g. parents, subsidiaries etc.)
• Partnerships
• Charities, Community Interest Companies & Not For Profits
• Sole traders
• Property companies
• Investment companies
• E-commerce businesses
• Product/stock based businesses
• Companies that deal with crypto
• Companies that have or will raise money from investors
• Construction businesses

2.1Creating a subscription: You become a subscriber by signing up for our services and accepting these terms. As the subscriber, responsibility for paying for the subscription sits with you. The date you sign up is the commencement date for the purposes of these terms.

2.2We 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 fit for Mighty (see the 'Who Mighty is for' section); technical constraints; you or your business having been banned by us from using the Services; our inability to adequately confirm your identity; or for any other reason. No charge will be made for declined applications.

2.3The 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.

2.4In 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.

2.5Private 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.

2.6If 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.

2.7These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, and no additional terms are implied into the Contract by trade, custom, practice or previous dealings between us.

2.8Those invited to use Mighty: Sometimes the subscriber will invite other people to use our services under their subscription; we call these people invited users. If that describes you, these terms apply to you too and you need to accept them before using our services.

2.9User 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.

2.10When you can use our services: Both subscribers and invited users receive the right to use our services, shaped by the subscription type, user role and level of access granted. That right lasts while the subscriber keeps paying for the subscription and ends when the subscription is terminated or, for invited users, when your access is taken away.

2.11Your 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:

• You can add users to your subscription
• You control login access to a subscription. You decide who's invited to use our services you've subscribed to and what kind of access the invited user has. You can change or stop that access at any time
• You're responsible for resolving any disputes with any invited users over access to your subscription
• You're responsible for all your invited users' activity

2.12What you are responsible for: You promise to keep the information you give us up to date, including a current email address. It is up to you to provide true, accurate and complete information, and to check the accuracy of anything you take from our services before relying on it for your legal, tax and compliance obligations. Keeping your username and password safe from theft or misuse is also down to you. Our service enforces minimum password standards and offers two-factor authentication (2FA), but choosing a strong password that cannot easily be guessed remains your responsibility.

2.13What belongs to us: All of the intellectual property in our services belongs to us, except where we say otherwise or where content belongs to someone else. That covers the design and layout of our services, how they look and work, and all copyright works, trade marks, designs, inventions and other intellectual property connected with them. You may only use our content and intellectual property in ways we have expressly permitted, and you must not copy, share, adapt or build derivative works from any of it.

2.14Amendments to these terms: We update these terms from time to time. Updates never apply retrospectively. Where a change is material, we will normally email you at least 30 days before it takes effect, unless something outside our control forces a quicker change. We may not tell you about changes that are not material. If you are unhappy with an updated term, you can end your subscription by giving the standard advance notice set out in clause 15.1.

3.1Mighty 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 — What is not included

3.2.1You 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.

3.2.2The 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.

3.2.3You 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.

3.2.4At 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:

• Foreign or non-UK tax advice
• Tax planning or compliance services involving cryptocurrencies
• Inheritance tax planning or trusts
• Complex residency or domicile-related queries
• Complex capital gains tax advice not involving the shares in the company which we are supporting

3.2.5From 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:

• Any foreign or non-UK company tax filings
• Construction Industry Scheme (CIS) filings or subcontractor verifications
• R&D tax credits
• VAT margin schemes or partial exemption VAT
• Company secretarial services beyond advice on basic filings (for example, bespoke share restructures or complex articles amendments)
• SEIS/EIS applications or any investor-related filings
• Advice or setup for group structures or holding companies
• Payroll for more than one employee outside of the directors (although we can do this for an additional fee)
• Handling or filing of statutory accounts under any standard other than FRS 105
• Company pension scheme advice or setup
• FCA-regulated business support or financial services compliance
• Anything that could constitute financial advice

3.2.6Mighty 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).

3.2.7Mighty 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.

3.2.8Mighty 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.

3.2.9Mighty's platform operates exclusively with UK pound sterling bank accounts. Where your company holds or operates accounts denominated in any foreign currency, this falls outside the scope of our Services and you will need to make separate arrangements to manage those accounts.

3.2.10Mighty is committed to delivering the Services to a high professional standard. All work carried out under this Contract will be performed with reasonable care, skill and diligence by suitably qualified personnel.

3.2.11To ensure the best quality of service, Mighty may allocate specific tasks to specialist team members within Mighty Ltd or engage appropriately qualified external providers. Regardless of how work is allocated, Mighty remains your single point of accountability for delivery and quality of the Services at all times.

3.2.12Mighty 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 — What is included

3.3.1Mighty provides a packaged service in which you are subscribed to the services.

3.4The service includes the following:

3.5A — Bookkeeping Services (Discretionary)

3.5A.1Mighty may, at its sole discretion and by separate written agreement, provide bookkeeping services to certain clients ("Bookkeeping Services"). The availability of Bookkeeping Services is not guaranteed, is not advertised as a standard offering, and does not form part of your core subscription unless expressly agreed in writing.

3.5A.2Where Bookkeeping Services are provided, you remain solely responsible for: (a) supplying all source documents, receipts, invoices, bank statements and other supporting records to Mighty promptly and in full; (b) reviewing all bookkeeping records prepared by Mighty and confirming their accuracy before any returns are submitted or accounts are finalised; and (c) providing context and explanations for transactions when reasonably requested by Mighty, as you are best placed to understand the commercial background to your company's activities.

3.5A.3Mighty will perform Bookkeeping Services to the best of its ability based solely on the information and documentation provided by you. Mighty cannot be held responsible for errors, omissions or misclassifications arising from incomplete, inaccurate or late provision of source documents, or from a failure to provide context when requested. You acknowledge that Mighty will rely on your representations as to the nature and purpose of transactions.

3.5A.4Mighty reserves the right to withdraw or suspend Bookkeeping Services at any time on reasonable notice. Any fees applicable to Bookkeeping Services will be communicated to you in advance in writing and charged separately from your standard subscription.

3.6 — Communication

3.6.1You agree that Mighty may send you notices and reminders via email, SMS (UK mobile numbers only), regular mail or alerts within the Services.

3.6.2To ensure that you meet filing deadlines across a range of obligations you will be notified of these deadlines in advance by email, however, in-line with development, this may extend to reminders via SMS (to UK mobile numbers only) or via messages in your Mighty Software. We cannot be held responsible for any late filing fees or penalties caused once notification has been sent.

3.6.3You agree that Mighty reserves the right to contact you via the phone number that is provided during the course of onboarding.

3.6.4It is your responsibility to ensure that your contact details remain up to date.

3.6.5We do not act as your registered tax agent or represent you in dealings with HMRC. Clause 17.1.2 explains how filings are made on your behalf and where responsibility for HMRC and Companies House communication sits.

3.6.6Mighty provides accounting support and tools for micro-businesses, but does not provide legal, financial or investment advice, and should not be relied upon as a substitute for regulated professional advice. You understand that any guidance we provide through the Services is not legal or financial advice and should not be relied upon as a substitute for professional consultation with appropriate specialists.

3.6.7Any information provided to you shall not be construed as advice in any way, shape or form. You should make your own judgement on the suitability of any submission you make to the relevant tax authorities through our system and obtain your own financial advice as you see fit.

3.6.8No representative of Mighty is to be held liable either personally and shall not bring the company into liability for information provided during the course of support.

3.6.9Dedicated accountant: each Mighty client is assigned a dedicated accountant as their primary point of contact for accountancy matters. Your dedicated accountant will have knowledge of your account and will be your main point of contact for questions relating to the Services. While we will always endeavour to provide continuity of service, Mighty cannot guarantee that your dedicated accountant will remain your point of contact throughout the duration of your subscription. Your accountant may change from time to time due to circumstances such as staff changes, capacity, or role changes within our team. Where a change is made, we will ensure a smooth handover and that your new point of contact has access to your account history.

3.6.10Automated suggestions and client responsibility: the Mighty Software may from time to time generate automated suggestions to assist you, including suggested transaction categories based on rules and patterns established within the platform. These suggestions are provided as a convenience only and do not constitute accountancy advice. You are solely responsible for reviewing, verifying and approving any suggestion before it is applied to your records. Where you approve a suggested categorisation or other automated output, that approval is yours and you are responsible for the consequences of it. Mighty accepts no liability for errors, penalties or losses arising from your approval of any suggestion generated by the Mighty Software.

4.1Unless 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.

4.2Trying Mighty for free: You can choose a free trial when you first sign up, on the terms we specify at that time. These terms may change occasionally and you will always be notified 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 to collect payments and they will keep your payment details for this purpose. If you choose not to continue after a trial, you may request the deletion of your organisation.

4.3Mighty pricing structure: Using our services means paying a monthly or annual subscription fee that depends on your subscription type (the subscription fee). Your pricing plan is made up of the subscription and the subscription fees we offered you, together with the invoicing, payment, auto-renewal and cancellation terms, plus the information set out in the offer details and pricing page. We may update or amend the pricing plan from time to time, and its terms form part of these terms. As with any other change to our terms, pricing plan changes never apply retrospectively, and if you are a subscriber we will make every effort to give you at least 30 days' notice, primarily by email to the registered subscriber's address. To change pricing plans, get in touch with our support team. Subscription fees are exclusive of transactional taxes (such as VAT) where relevant, as reflected in the pricing plan.

4.4Where a Client ceases active trading and requests transfer to Mighty's Non-Trading Services, Mighty may, at its discretion, move the Client to the reduced non-trading monthly subscription. The reduced non-trading subscription is intended for companies expected to remain non-trading for a minimum period of three consecutive months. If the Client resumes trading, or trading activity recommences, within the first three months of transfer to the Non-Trading Services, Mighty reserves the right to charge the standard trading subscription fee from the date the reduced non-trading subscription commenced. Where the Client has remained on the Non-Trading Services for three consecutive months or more, the standard trading subscription fee shall apply from the date trading recommences only. The Client must notify Mighty promptly of any recommencement of trade, invoicing activity, receipt of trading income, payroll activity, or other business operations. Mighty reserves the right to decline repeated requests to switch between trading and non-trading pricing tiers.

4.5A 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.

4.6Once 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.

4.7Where an annual payment has been made for the Services and you choose to cancel, the proportional refund policy at clause 15.1A applies.

4.8Taxes that come from the use of our services: Any external fees and taxes connected with your use of our services are yours to pay, wherever they are levied. We may collect geographical location information to work out where you are, which may be used for tax purposes, so the location information you give us needs to be accurate for tax residency purposes.

4.9Added 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.

4.10If 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.

4.11Throughout your subscription, you need to make sure the billing and contact details we hold for you are complete and accurate, covering the Client's full name, business address and an email address for billing.

4.12If 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.

4.13Insofar 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.

4.14We 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" figure published for that year by the Office for National Statistics.

4.15One company per account: Each Mighty Account supports a single limited company. If you would like us to act for more than one company, each one needs its own Mighty Account and its own subscription. Each company is entitled to one free trial only; where we find more than one trial has been taken for the same company, the standard subscription fee becomes payable for any period beyond the first trial.

You shall:

5.1Cooperate 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;

5.2Provide 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;

5.3Ensure 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;

5.4Ensure 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);

5.5Keep 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;

5.6If your company is VAT Registered, you must 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;

5.7If 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;

5.8We 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;

5.9Advise 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;

5.10Ensure that the Services are not abused or used for any immoral or illegal purpose or in any way that would bring Mighty into disrepute;

5.11For 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;

5.12You 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;

5.13Open at least one pound sterling business account, with a UK-based bank, through which your company can process business transactions;

5.14Ensure 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');

5.15Mighty will not be held responsible for any fines, surcharges or penalties incurred in the event that you do not comply with clause 5;

5.16Ensure that you approve your financial accounts at least five business days before the accounts filing deadline;

5.17Ensure 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;

5.18Ensure 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;

5.19Ensure 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;

5.20Remain 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

5.21Notify 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:

5.22Give any illegal or improper bribe, kickback, payment, gift, or thing of value to any Mighty employees or agents in connection with the Services;

5.23Use 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);

5.24Impersonate any person or entity, or falsely state or otherwise misrepresent your identity, qualifications or affiliation; or

5.25Reproduce, copy, sell, trade or resell all or any part of the Services for any purpose.

5.26If 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"):

5.27You are solely responsible for the accuracy, completeness and timeliness of all data entered into the Mighty Software. Our ability to deliver the Services depends entirely on the quality of the information you provide. We have no obligation to identify or flag missing or incomplete entries. Before relying on any outputs, reports or calculations produced by the Mighty Software — including for the purposes of HMRC or Companies House submissions — you must satisfy yourself that they are correct and appropriate to your circumstances. We do not guarantee that the Mighty Software will be error-free or suitable for every situation.

5.28Where accounts from prior trading periods remain unfinished at the point you join Mighty, we will be unable to establish correct opening balances until that historical information is made available to us. Until those figures are confirmed and entered into the Mighty Software, any financial position shown within your account may be incomplete or inaccurate.

5.29Where you begin using Mighty part-way through your trading year, you must back-populate all transactions from the start of that accounting period into the Mighty Software. You are solely responsible for the accuracy and completeness of this historical data entry. Depending on the volume of transactions involved, additional fees may apply and will be communicated to you at onboarding.

5.30Mighty 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.

5.31If 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.

5.32Company 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.

5.33As a director of a private limited company, you are legally required to ensure that all financial records, supporting documents and correspondence relevant to your company's tax affairs are retained for a minimum of six years from the end of the relevant accounting period. Where Mighty holds original documents on your behalf in the course of providing the Services, we will return them to you on request. Compliance with your record-retention obligations is your personal legal responsibility; Mighty is not liable for any failure on your part to retain adequate records.

5.34For 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.

5.35Where Mighty ceases to act for you as a result of a breach of this clause 5, Mighty shall provide you with up to 30 days' written notice of disengagement.

5.36Statutory records: Appointing Mighty does not transfer your legal record-keeping duties. Your company and its directors remain responsible for keeping the statutory registers, accounting records and supporting documents required by the Companies Act 2006 and HMRC, for the retention periods set by law. The Mighty Software can help you store copies, but the legal duty to keep proper records stays with you.

6.1Our 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 on our website.

6.2How and why we use your data: The data you enter or upload into our services stays yours; we never take ownership of it. You do, however, give us permission to use, copy, transmit, store, analyse and back it up (including any personal data it contains about you or others) so that we can: provide our services to you; improve, develop and protect our services; build new services; contact you about your subscription; and send you information likely to interest you, in line with your marketing preferences.

6.3Your personal data: We do our utmost 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.

6.4Use 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.

6.5Anonymised statistical data: We may turn data about you and your usage of our services into anonymised statistics, including by aggregating it with other customers' data. Because it no longer identifies anyone, we may use it for our own purposes, for example improving our services, building new products, spotting business trends, and any other uses we tell you about.

6.6Data 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.

6.7GDPR: You and we are separate Controllers for the purposes of the UK General Data Protection Regulation (UK GDPR) 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 put appropriate notices in place.

7.1Maintaining confidentiality: In the course of using our services, each of us may learn confidential information about the other. We each agree to take reasonable steps to stop the other party's confidential information falling into unauthorised hands. Either of us may disclose the other's confidential information to legal or regulatory authorities where required to do so.

8.1Methods used to keep your account safe: We have put technical, physical and administrative safeguards in place to help keep your data safe and secure. Even so, electronic storage can never be made entirely risk-free, and absolute security is something no provider can honestly promise. If it appears someone has accessed your account without authorisation we will notify you, and we may restrict access to parts of our services until you confirm the access was legitimate.

8.2Additional security features: From time to time we may add features that strengthen your account security, such as two-factor authentication, and we may make some of them compulsory. Where a security feature is optional and you choose not to use it, the consequences of that choice rest with you rather than us. We strongly encourage you to switch on every optional security feature available.

8.3Your responsibility when it comes to protecting access to your data: Please do everything in your power to keep your login details secure: never share them, and make sure your own systems are properly protected. If you realise your password has been used without your permission, or that the security of your account or its linked email address has been breached, tell us straight away. Please do not store personal data, credit card details, tax identifiers or bank account details in free-text fields within Mighty's systems (fields that explicitly ask for personal data, such as first and last name, are fine). We encrypt your password, both for your Mighty account and within your HMRC credentials, so nobody at Mighty can view these.

9.1TrueLayer 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.

9.2Data extraction and AI processing: within Mighty, we use a combination of Optical Character Recognition (OCR) technology and large language model (LLM) AI services to extract data from documents such as receipts, bills and invoices, and to create and categorise transactions within Mighty. The specific tools and providers we use for this purpose include, but are not limited to, Amazon Textract, Google OCR, and Anthropic's Claude. We may change, add or remove providers at any time without notice as we continue to improve our services.

9.3Third-party terms and descriptions: Each third-party product comes with its provider's own terms, conditions and privacy notices, which cover things like how the provider will use the data you make available to them. Please read them, make sure you agree, and understand the provider's approach to personal and non-personal data before connecting. Descriptions of third-party products that we publish, and any linked material, come to us from the providers themselves; we make reasonable efforts to check them, but the providers alone are responsible for any representations they contain. We neither endorse third-party products nor accept any responsibility for them.

9.4Payments 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.

10.1When you can access the system: We aim to keep our services available around the clock, with email support during United Kingdom working hours of 09:00 to 17:00 BST, Monday to Friday. Occasionally we need to carry out maintenance, which can mean some downtime. We keep this to a minimum, and where maintenance is planned we will try to give you advance notice, though we cannot promise it.

10.2Data loss: Any technology carries some risk of data loss. We use cloud storage with multi-site backups to keep that risk as low as we can, but you remain responsible for keeping your own copies of the data you put into our services. If you, or someone you have authorised, deletes data from the Mighty Software, we are not obliged to restore it.

10.3Data location: All data you enter into or upload to the Mighty platform is stored on servers located within the United Kingdom. We do not transfer your data to servers outside the UK as part of our core platform hosting. Please note that certain third-party integrations or services you connect to through Mighty may process data in other jurisdictions; where this is the case, those third-party providers' own terms and privacy notices will apply (see clause 9.3).

10.4No compensation available: We do not pay compensation for downtime, access issues or lost data, whatever the cause. If our availability does not meet your needs, your remedy is to stop using our services and end your subscription in line with clause 15.1.

10.5Your equipment and malicious code: You are responsible for setting up your own devices, software and internet connection to access the Services, and for running your own up-to-date virus protection. You must not knowingly introduce viruses, trojans, worms, logic bombs or any other malicious or technologically harmful material to the Services, or attempt to gain unauthorised access to the Services or to any server, computer or database connected to them, including by way of a denial-of-service attack. Doing so may be a criminal offence under the Computer Misuse Act 1990. We will report any such activity to the relevant authorities, cooperate with them (including by disclosing your identity), and withdraw your right to use the Services immediately.

11.1Tell us how we are doing: We love hearing your feedback, and you agree we can make use of it however we choose, including on our website and in our marketing materials.

11.2Trial and early access services: Occasionally we may offer a service at no charge, such as a beta pilot or a time-limited trial account. Because these services are still being tested, you use them at your own risk: they may change or be withdrawn at any time and may contain errors, so we recommend not relying on them for anything business-critical until they are fully released. If an early access feature ever carries a charge, we will tell you before you use it.

11.3You 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:

• Attempt to compromise the security or integrity of our systems or networks.
• Access any system where you have not been given permission.
• Use our services in a way that harms how they work or disrupts other users.
• Use our services to commit fraud or any other unlawful act.
• Repackage, resell, or sublicense any leads or data accessed through our services.
• Share anything that is offensive, breaks the law or infringes the rights of others.
• Behave abusively or disrespectfully towards a Mighty employee, partner or another Mighty customer. Abuse or bullying of our team is never tolerated, including in dealings with our support staff.
• Reverse engineer, decompile, disassemble or otherwise attempt to extract the source code of our services, or copy, adapt, modify or reproduce any part of them.
• Remove or alter the conditions of use, any copyright notices and other identification disclaimers as they may appear on the website, or in any print format; or
• Provide any content by electronic means to any person other than an authorised user; or
• Alter or change any part of the content.

12.1Refer 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.

12.2Eligibility: The Offer is not available where the referring client and the referred company are connected. A referral will not qualify for the Offer if the referring individual is, or has been within the preceding 12 months, a director or shareholder of the referred company, or if the referred company is otherwise under common ownership or control with the referring client. Mighty reserves the right to withhold or reclaim the reward where it reasonably believes this condition has not been met.

12.3The 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.

12.4Modification: Mighty reserves the right to modify the reward, these terms and conditions or cancel the Offer at any time.

13.1Payments: 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.

14.1You warrant and undertake you:

14.2We will use reasonable endeavours to make sure the Services suit the purpose you signed up for, but we cannot promise they will meet your every requirement, or that they will always be free of errors and viruses, fully secure, prompt, dependable or available without interruption. The internet, and the device you use to reach the Services, are outside our control. We will keep disruption to a minimum, though we may occasionally need to suspend the Services for maintenance, support work or to investigate unauthorised use.

14.3The 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.

14.4Nothing in these Terms shall limit or exclude Mighty's liability for:

14.5Subject 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.

14.6Subject 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.

14.7You 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 severance provisions at 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.

14.8You hereby undertake and agree to indemnify Mighty and keep it fully indemnified against any and all costs, losses, damages, expenses and liabilities (including reasonable legal fees and expenses) which Mighty may suffer or incur arising out of or in connection with (i) any breach of your undertakings or obligations set out in these Terms, (ii) your negligence, fraud or misconduct, and/or (iii) any claim brought against Mighty by a third party connected with your use of the Services or of any third-party product, except in each case to the extent the same arises from Mighty's own fault.

14.9This clause 14 shall survive termination of the Contract.

15.1Subscription period: Your subscription runs for the period your paid (or payable) subscription fee covers. Unless it is cancelled, it renews automatically at the end of each billing period for another period of the same length, as long as you keep paying the subscription fee under your pricing plan. You can end your subscription whenever you like by giving Mighty at least 30 days' written notice. Your termination will take effect on the date falling 30 days after Mighty receives your notice, and you will remain liable for all subscription fees that fall due up to and including that date. Subject to clause 15.1A (proportional refunds for annual subscribers), you will not receive a refund when your subscription ends, whether you cancel it or we do under these Terms. You shall be deemed to have terminated the Contract if:

15.1AProportional refunds for annual subscribers: Where you have paid a fee covering an annual subscription period and you serve valid notice of termination under clause 15.1, Mighty will refund a proportional amount calculated as follows: the number of complete calendar months remaining in your paid annual period after your termination date, divided by 12, multiplied by the annual fee paid. For example, if you give notice with 9 complete months remaining in your annual period, you will receive a refund of 9/12ths of the annual fee. This refund will be processed within 14 days of your termination date. No refund applies to monthly subscriptions. Mighty reserves the right to offset any outstanding amounts owed by you against any refund due.

15.2Mighty may terminate the Contract at any time by giving you not less than 30 days' Written Notice. Mighty may also terminate the Contract with immediate effect, at Mighty's sole discretion, should any of the events described in clause 15.5 occur.

15.3For 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.

15.4Without 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.

15.5The 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:

15.6Consequences of Termination.

15.7Retention of your data: When a subscription ends, whether cancelled by you or by us, we archive it and you lose access to the data you submitted or created. We keep that data for the period set out in our data retention policy, and during that window you can get access back by reactivating your subscription and paying the subscription fees. We hold on to it because you may need it for your own record-keeping obligations, but if you would rather it were deleted entirely, email support@mightyaccounting.com and we will remove it.

15.8Explaining our decisions: If we close or suspend your Mighty Account, we will explain our reasons unless the law prevents us from doing so (for example, under anti-money laundering legislation) or there is a genuine security reason not to. If you are unhappy with a closure or suspension, contact support@mightyaccounting.com.

16.1For the purposes of this Contract, Force Majeure Event means:

16.2Mighty 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.

16.3If 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.

17.1Assignment 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.

17.2Internal 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.

17.3Notices:

17.4Severance: 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.

17.5Waiver: 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.

17.6No 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.

17.7Third Parties: a person who is not a party to the Contract shall not have any rights to enforce its terms.

17.8Entire 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.

17.9Governing 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.

17.10Jurisdiction: 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).

17.11Dispute resolution: most concerns can be sorted out quickly by emailing support@mightyaccounting.com, and you can ask for a matter to be escalated to our Head of Operations if needed. Where a complaint or dispute cannot be settled informally between us, it will be dealt with by the courts of England and Wales in accordance with clause 17.10.

17.12Legal notices: any notice you send to Mighty must go to support@mightyaccounting.com and by post to our registered address at 86–90 Paul Street, London, England, EC2A 4NE. Notices from us will go to the email address registered on your subscription.

18.1You must not use our services in violation of any export or trade embargo laws that apply to you.

18.2Blocking 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.