Terms of Service

Last updated: 13th November 2020

Website Terms and Conditions of Use

Welcome to our website terms and conditions.

These terms and conditions (the "Terms") apply to the use of our website and any Dataface applications and services provided by Dataface Ltd ("we", "us" or "our"). By using our services, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use our services.

1. Definitions and Interpretation

In these Terms:

• "Service" means the Dataface applications, website, and any related services provided by Dataface Ltd.
• "User" means any person who accesses or uses the Service.
• "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
• "Personal Data" has the meaning given in the General Data Protection Regulation (GDPR).

2. About Us

Dataface Ltd is a limited company registered in Scotland under company number SC631408. Our registered office is at 101 Rose Street South Lane, Edinburgh EH2 3JG.

3. Access to Our Service

3.1 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use the Service solely for your organisation's internal business purposes, subject to these Terms.

3.2 User Accounts

• You must be an authorised user within your organisation to access the Service.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately of any unauthorised use of your account.
• You are responsible for all activities that occur under your account.
• We reserve the right to suspend or terminate accounts at our discretion.

3.3 Availability

We aim to provide the Service with reasonable availability, but we do not guarantee that the Service will be available at all times. The Service may be suspended temporarily for maintenance or other operational requirements.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service in any way that violates any applicable local, national, or international law or regulation.
• Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Attempt to gain unauthorised access to the Service, other users' accounts, or computer systems or networks connected to the Service.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Use the Service to store, host, or transmit any unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable material.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.

5. Content and Data

5.1 Your Content

You retain ownership of any Content you submit to the Service. By submitting Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such Content solely to provide the Service to you.

5.2 Data Protection

We process Personal Data in accordance with our Privacy Policy and applicable data protection laws. You are responsible for ensuring that any Personal Data you submit to the Service is provided lawfully and with appropriate consent.

5.3 Data Security

We implement appropriate technical and organisational measures to protect your data. However, you acknowledge that no method of transmission over the internet is 100% secure.

6. Intellectual Property Rights

6.1 Our Rights

We own or have licensed all intellectual property rights in the Service, including but not limited to copyrights, trademarks, patents, trade secrets, and database rights. These rights are protected by intellectual property laws.

6.2 Restrictions

You must not:

• Copy, modify, or create derivative works of the Service or any part thereof.
• Remove or alter any proprietary notices or labels on the Service.
• Use our trademarks, service marks, or logos without our prior written consent.

7. Service Modifications and Termination

7.1 Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

7.2 Termination by Us

We may terminate your access to the Service immediately, without prior notice, if:

• You breach these Terms.
• Your organisation's subscription to the Service expires or is terminated.
• We reasonably believe termination is necessary to protect our rights or the rights of others.

7.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your data in accordance with our data retention policies, subject to applicable legal requirements.

8. Disclaimers and Limitation of Liability

8.1 Service "As Is"

The Service is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, or materials included therein.

8.2 Limitation of Liability

To the fullest extent permitted by law:

• We exclude all liability for any loss or damage arising from your use of the Service.
• Our total liability to you for all claims arising from or related to the Service shall not exceed the fees paid by your organisation for the Service in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

8.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Any matter for which it would be illegal to exclude or limit liability.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service.
• Your breach of these Terms.
• Your violation of any law or regulation.
• Your infringement of any third party's rights.

10. Third-Party Links and Services

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible for any damage or loss caused by your use of any such third-party websites or services.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Scotland. The courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Service.

13.2 Severability

If any provision of these Terms is held to be unenforceable, such provision shall be struck and the remaining provisions shall remain in force.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have any questions about these Terms, please contact us by email at privacy_policy@dataface.uk.

These Terms are governed by the laws of Scotland and are designed to comply with applicable UK and EU regulations. For specific legal advice regarding your rights and obligations, please consult with qualified legal counsel.