Purple Post Terms and Conditions

Please read these Terms and Conditions carefully before downloading accessing or using the Purple Post software.

In order to use this service you must agree to these Terms and Conditions. By checking the acceptance box before logging into the Purple Post application for the first time and by sending post through the application you enter into a legally binding contract with Made Purple Ltd on the terms set out below. Where an Organisation registers for and uses the service, the Organisation and its named Responsible Party both enter into a legally binding contract with Made Purple Ltd on the terms set out below. These Terms apply to all use of the service whether through an individual account or an Organisation Account.

Key Points

It is important that you read and understand this document in full. The following key points are highlighted for clarity:

Purple Post is a trading name of Made Purple Ltd of Keystone Innovation Centre Croxton Road Thetford Norfolk IP24 1JD. Company number 11151840 registered in England and Wales.

In some countries there are restrictions on the use of the software. You are responsible for ensuring that you are legally permitted to use the software in your location.

Purple Post operates in custodial and secure environments and use of the service is subject to safeguarding security and legal requirements.

1. Your Agreement with Purple Post

1.1 Purple Post software and associated documentation whether in printed or electronic form including any improvements modifications enhancements fixes updates upgrades and future versions whether provided free of charge or for a fee are licensed and not sold to you by Made Purple Ltd. Together these are referred to as the Software.

1.2 References to Purple Post we us or our mean Made Purple Ltd trading as Purple Post. References to you your or account holder mean the registered holder of the Purple Post user account. Where the context permits references to you and your also include the Organisation entity and the Responsible Party where an Organisation Account is used. An Organisation Account means an account registered by an Organisation such as a solicitor firm company charity or probation service for shared use within that Organisation. The Responsible Party means the named individual identified during Organisation registration who is accountable for the Organisation's use of the service.

1.3 Your agreement consists of these Terms and Conditions together with any fair usage policies and any additional terms notified to you. Where there is any inconsistency these Terms shall prevail.

2. Acceptance of the Terms

2.1 You accept these Terms when you click to accept them when downloading registering for or using the Software. These Terms remain effective from the date of acceptance until terminated in accordance with section 9.

2.2 You must not accept these Terms if you are not legally entitled to use the Software in your country of residence or if you are not of legal age to form a binding contract.

3. Changes to the Terms

3.1 We may update these Terms from time to time. Updates will be published within the application via our website or by email where appropriate. Continued use of the Software after publication constitutes acceptance of the updated Terms.

3.2 If you do not agree to updated Terms you may terminate your account in accordance with section 9.

4. Use of the Software

4.1 Equipment
You are responsible for providing the equipment and internet connection required to use the Software including smartphones, tablets, laptops, computers or other compatible devices.

4.2 Use of Your Equipment
The Software may use processing memory and bandwidth on your device to enable communication. Where third party consent is required you confirm that you have obtained it.

4.3 Updates
We may require you to install updates to maintain compatibility security functionality or compliance. We are not obliged to provide updates but may restrict access to older versions.

4.4 Maintenance and Availability
From time to time we may suspend or limit access to the Software for maintenance security or technical improvement. Where possible advance notice will be provided. You are not entitled to compensation for such interruptions.

4.5 Content of Communications
Purple Post is not the source of and does not endorse content sent using the Software and does not routinely review content unless required for safeguarding, security or operational purposes.

Content must not be false misleading offensive unlawful harmful to minors obscene defamatory threatening pornographic harassing hateful racially or ethnically offensive promotional impersonating or otherwise objectionable.

Prisons and secure hospitals may at their discretion block remove or prevent delivery of content or restrict access to the service. Custodial decisions rest solely with the establishment.

Restrictions applied by Made Purple Ltd relate solely to access to the Purple Post platform and do not constitute custodial or disciplinary decisions.

4.6 Quality
We do not guarantee uninterrupted error free or timely operation. Performance may vary due to factors outside our control.

4.7 Changes to Products
Features functionality and technical requirements may change over time for operational regulatory or security reasons. Continued use constitutes acceptance of such changes.

5. Your Obligations

5.1 User Account
You must create and maintain a secure user account. You are responsible for all activity under your account and for keeping credentials confidential.

5.2 Lawful Use
You must use the Software lawfully and in accordance with prison or hospital rules and applicable law.

5.3 Prohibited Use
You must not:

• introduce malicious software
• expose others to offensive indecent or harmful material
• cause distress harassment or embarrassment
• attempt to send indecent or inappropriate images
• attempt to circumvent platform safeguards

Breaches may result in suspension restriction or permanent loss of access.

5.4 Monitoring and Staff Access
Items of Purple Post may be monitored and viewed by authorised staff where required for safeguarding security or operational purposes.

Messages may be available to authorised staff for up to 93 days after delivery and longer where required by custodial authorities.

Staff with access may include prison management companies government authorities and law enforcement agencies acting under lawful authority.

In addition to custodial staff, authorised members of the Made Purple Ltd team may access specific messages images or account activity where required to operate the service, investigate safeguarding or security concerns, prevent misuse of the platform, respond to user support requests or comply with legal obligations.

Access by Made Purple Ltd staff is limited, logged and proportionate and is restricted to what is necessary for the relevant purpose. Made Purple Ltd staff do not carry out custodial decision making and do not apply prison sanctions.

5.5 Legally Privileged and Rule 39 Communications
Purple Post must not be used to send or receive legally privileged correspondence. This includes but is not limited to communications protected under Rule 39 of the Prison Rules 1999, the Young Offender Institution Rules 2000 or equivalent rules in any other jurisdiction.

All messages sent through Purple Post are subject to monitoring by prison staff, secure hospital staff, government authorities and authorised members of the Made Purple Ltd team. The service does not and cannot provide the protections required for privileged correspondence.

Made Purple Ltd does not guarantee the confidentiality of any message sent through Purple Post. Users and Organisations must not treat the service as a secure or confidential communications channel for legal advice or legally privileged material.

Any use of Purple Post for legally privileged or Rule 39 correspondence is entirely at the sender's own risk. Made Purple Ltd accepts no liability for any loss of privilege, disclosure or other consequence arising from such use.

Where an Organisation Account is used by a firm of solicitors or other legal services provider, the Organisation and Responsible Party must ensure that all individuals with access to the account understand this restriction and that no legally privileged material is sent through the service.

6. Organisation Accounts

6.1 Scope
This section applies where the service is used through an Organisation Account. The general terms in sections 1 to 5 continue to apply alongside this section. In the event of conflict between this section and the general terms, this section takes precedence for Organisation Accounts.

6.2 Shared Account Model
Organisation Accounts use a single set of login credentials shared among authorised members of the Organisation's team. Made Purple Ltd does not track, identify or distinguish between individual users within an Organisation Account. All activity conducted through the account is attributed to the Organisation. The Organisation acknowledges that Made Purple Ltd cannot determine which individual within the Organisation sent any particular message or performed any particular action through the account.

6.3 The Responsible Party
Each Organisation Account must have a named Responsible Party identified during registration. The Responsible Party must be an individual with authority to bind the Organisation and to accept these Terms on behalf of the Organisation. If the Responsible Party changes, the Organisation must notify Made Purple Ltd promptly by contacting support@madepurple.com. The replacement Responsible Party must accept these Terms. The Responsible Party is personally accountable for ensuring the Organisation's compliance with these Terms.

6.4 Joint Liability
The Organisation entity and the Responsible Party are jointly and severally liable for:

• all content sent through the Organisation Account
• all obligations arising under these Terms
• any breach of these Terms by any person using the Organisation Account
• any loss, damage or claim arising from use of the Organisation Account

This joint liability continues even if the individual who performed the relevant act is not identified.

6.5 Indemnity
The Organisation and the Responsible Party shall jointly and severally indemnify and hold harmless Made Purple Ltd, its officers, employees and agents against all claims, losses, damages, fines, penalties, regulatory sanctions, costs and expenses including reasonable legal fees arising from or in connection with:

• any breach of these Terms by the Organisation or any person using the Organisation Account
• any misuse of the service through the Organisation Account
• any failure to comply with the prohibition on legally privileged and Rule 39 communications set out in section 5.5
• any breach of data protection legislation by the Organisation in connection with its use of the service
• any claim by a third party including a prisoner, regulatory body or government authority arising from the Organisation's use of the service
• any penalty, fine or sanction imposed on Made Purple Ltd by a regulatory authority as a result of the Organisation's acts or omissions in connection with the service

This indemnity shall survive termination or closure of the Organisation Account.

6.6 Organisation Obligations
The Organisation must:

• restrict access to the Organisation Account credentials to authorised members of its team only
• maintain its own internal records of which individuals have been given access to the Organisation Account credentials
• revoke or change credentials promptly when an individual is no longer authorised to use the account, including but not limited to when they leave the organisation
• ensure that all individuals with access to the Organisation Account understand and comply with these Terms including the prohibition on legally privileged and Rule 39 communications in section 5.5
• notify Made Purple Ltd immediately at support@madepurple.com of any suspected unauthorised access to the account
• ensure that all content sent through the Organisation Account complies with the content standards in section 4.5 and the prohibited use provisions in section 5.3

6.7 Transparency to Recipients
Prisoners who communicate with an Organisation Account should be informed that the account is an Organisation account and that messages may be viewed by multiple authorised members of the Organisation's team. The Organisation must not represent itself to any prisoner as an individual or give a misleading impression about who is communicating. Where multiple members of the Organisation's team may access and respond to messages, the Organisation must ensure that the prisoner is aware of this.

6.8 Monitoring and Access
All messages sent through Organisation Accounts are subject to the same monitoring provisions as individual accounts as set out in section 5.4. The Organisation acknowledges that messages sent and received through the Organisation Account may be viewed by prison staff, secure hospital staff, government authorities, law enforcement agencies and authorised members of the Made Purple Ltd team.

6.9 Data Protection
The Organisation must comply with all applicable data protection legislation including the UK General Data Protection Regulation and the Data Protection Act 2018 in connection with any personal data it processes through the service or in connection with its use of the service. Made Purple Ltd remains the data controller for personal data processed through the service. Further details are set out in the Purple Post Privacy Policy. The Organisation is responsible for its own compliance obligations including any obligation to inform data subjects about the Organisation's use of Purple Post.

6.10 Suspension and Termination
Made Purple Ltd may suspend, restrict or terminate an Organisation Account for the reasons set out in section 9 and additionally where:

• the Organisation ceases to exist, enters administration, is dissolved or is struck off the relevant register
• the Responsible Party can no longer be contacted after reasonable attempts by Made Purple Ltd
• the Organisation fails to maintain its own internal records of who has access to the account
• the Organisation or any person using the Organisation Account uses the service for legally privileged or Rule 39 communications in breach of section 5.5

On termination the Organisation must ensure that all individuals with access to the account credentials are notified that the account has been closed and that the credentials must no longer be used.

The Organisation agrees to inform Made Purple Ltd immediately if they have their registration revoked or a struck off the relevant register that they have been verified through.

7. Charges

7.1 Credits
Purple Post credits are available for purchase within the application and on the Purple Post website or via invoice if required for Organisation accounts. Prices may vary. Credits remain available while your account is active.

7.2 Refunds
Credits are non refundable. Replacement credits may be issued at our discretion where quality standards are not met.

7.3 Promotions
Promotional credits may be issued at the discretion of Made Purple Ltd, prisons or hospitals. Credits have no cash value and are non transferable.

7.4 Tax
VAT and other applicable taxes may be charged. You waive any right to reclaim VAT from Made Purple Ltd. Where an invoice has been requested by an Organisation a VAT invoice will be provided.

8. Payment and Chargebacks

8.1 Payment Methods
We do not guarantee availability of specific payment methods and may substitute alternatives.

8.2 Chargeback Policy
When purchasing credits you waive any cooling off rights. Credits become non refundable immediately.

If a payment is charged back through your card provider:

• a £35 administration fee will be applied in order to investigate the claim
• If a chargeback is disputed and the chargeback is found to be fraudulent, an addtional £65 recovery fee will be applied
• access to the platform may be suspended or permanently withdrawn following review

This does not affect statutory rights.

9. Ending Your Relationship with Purple Post

9.1 You may close your account at any time by ceasing use and requesting account closure.

9.2 We may suspend restrict or terminate access where:

• these Terms are breached
• misuse or fraud is suspected
• safeguards are circumvented
• required by law or custodial authority
• the service is withdrawn from your jurisdiction

9.3 Accounts inactive for more than one year may be closed.

9.4 Termination ends your licence to use the Software. Custodial authorities may retain data in line with the Privacy Policy.

10. Automated Image Controls and Account Restrictions

10.1 Purple Post uses automated systems including image analysis and usage thresholds to identify prohibited image content and potential misuse.

10.2 These systems may block images, restrict image sending features or in cases of continued misuse withdraw access to the platform. Any restriction or withdrawal applied by Made Purple Ltd relates solely to use of the Purple Post service and does not affect custodial status or prison privileges.

10.3 Restrictions are proportionate and targeted and do not apply to sending "text only" Purple Post unless otherwise stated.

10.4 Users may request review of automated restrictions. A member of the Made Purple Ltd team may lift or amend restrictions where appropriate.

11. Warranties Liability and Indemnity

11.1 The Software is provided as is without warranties except where prohibited by law.

11.2 We exclude liability for indirect or consequential loss including loss of data profit or opportunity.

11.3 Nothing excludes liability for death personal injury fraud or liability that cannot be excluded by law.

11.4 Our total liability is limited to the amount paid by you in the twelve months preceding the claim subject to a maximum of one hundred pounds.

11.5 You agree to indemnify Made Purple Ltd against claims arising from your breach of these Terms or misuse of the Software. Where these Terms are breached through use of an Organisation Account, this indemnity extends to acts or omissions of any person who accessed the Organisation Account whether or not that person is identified. This is in addition to the specific indemnity set out in section 6.5 which applies to Organisation Accounts.

12. Data Protection

Personal data is processed in accordance with the Purple Post Privacy Policy which forms part of these Terms. Organisation Accounts are subject to additional data protection provisions set out in the Privacy Policy. Organisations are responsible for complying with their own data protection obligations in addition to those set out in the Privacy Policy.

13. Governing Law

These Terms are governed by the laws of England and Wales. Courts of England and Wales have exclusive jurisdiction.

14. Contact Details

Made Purple Ltd
Keystone Innovation Centre
Croxton Road
Thetford
Norfolk
IP24 1JD
Email: support@madepurple.com