1. Defined terms
"Account Holder" means an individual or business for which we have created a Data Graphs Account (whether a sole trader, partnership, LLP, limited company or otherwise).
"Data Graphs Account" means an account that you hold with us which, if active, allows you to access and use the Data Graphs Service.
"Data Graphs Service"
means the software as a service that we make available to Account Holders, with the services available to a specific Account Holder differing depending on the type of account held, as described here
"you" means the actual person registering for and/or using a Data Graphs Account, whether as an Account Holder or on behalf of one.
"we", "us", "our" and "Data Language" refer to Data Language (UK) Limited, a company registered in England & Wales (registered number 09034780) at Riverbridge House, Guildford Road, Fetcham, Leatherhead, Surrey, England KT22 9AD.
2. Creating and using a Data Graphs Account
- Use of the Data Graphs Service requires a Data Graphs Account.
- You can apply to create a Data Graphs Account by using the sign up page.
- You agree that anything you do using a Data Graphs Account is done on behalf of that account’s Account Holder.
- We may disable a Data Graphs Account at any time if we suspect that the account is being used in a way that does not comply with the Contract, with no further liability to the Account Holder or you.
- If you need to correct any information about the Account Holder, you can do so by logging in, selecting the appropriate account from the ‘Accounts’ submenu and selecting ‘My Settings’ where you will be able to make the changes.
3. Licence to use the Data Graphs Service
4. You must:
- maintain the security and confidentiality of your Data Graphs Account, and if different, the security and confidentiality of any Data Graphs Accounts you have been invited to manage on behalf of another Account Holder,
- only use a Data Graphs Account if you are authorised to do so by its Account Holder,
- only use the Data Graphs Service on behalf of an Account Holder, and
- only upload data to the Data Graphs Service that you have the right or consent to use for such purposes.
5. You must not:
- use the Data Graphs Service for any unlawful purpose, or in any manner inconsistent with these terms or the law, or act fraudulently or maliciously when using them,
- copy the Data Graphs Service (except through its intended use),
- do anything that could reasonably be expected to damage, disable, overburden, compromise or materially impair or systems or security, or that of the Data Graphs Service generally, or do anything that might interfere with another person’s use of the Data Graphs Service,
- translate, merge, adapt, vary, alter or modify the whole or part of any of the Data Graphs Service, or permit any part of them to be combined with or become incorporated in any other software or programs, except as necessary to use the Data Graphs Service on devices and as permitted by us,
- rely on the Data Graphs Service being free from errors or bugs, or being available at all times,
- knowingly introduce viruses, malware or other material that is malicious or technologically harmful to the Data Graphs Service or that may harm our business or the business of other parties using the Data Graphs Service, or
- not infringe our intellectual property rights or those of any third party through your use of a Data Graphs Account, or question or dispute our ownership of the intellectual property rights in and to the Data Graphs Service.
6. Service access fees and payment terms.
- Each account will be of a designated type, with the price the Account Holder pays determined by that type. Our current plans are visible here or where not available, upon enquiry to us.
- The Account Holder agrees to pay the agreed subscription price, in the agreed currency, plus any applicable sales or other taxes (including but not limited to VAT) for access to the Data Graphs Service.
- We will notify Account Holders of any changes to our fees before they come into effect, giving you the option to decide whether or not you would like to continue using the Data Graphs Service.
- If you are a free or trial user of the Data Graphs Service, you will not be charged for access to your Data Graphs Account for the duration of the agreed free or trial use period.
- You acknowledge that an Account Holder is only entitled to one free trial, and if we become aware of an Account Holder utilising more than one free trial, the Account Holder agrees to make payment of any applicable subscription fee for the first use of the Data Graphs Service after the first free trial period ended.
- At the end of any trial period, unless you notify us to the contrary prior, we will automatically renew the Account Holder’s subscription, using the payment information that you may have already provided during the signing up process.
- You must ensure that we hold complete, accurate and up to date billing data and contact information for the Account Holder, for the duration of the agreed subscription period.
- We are under no obligation to provide access to the Data Graphs Service if the subscription fee (plus applicable taxes) or any other charge that you have agreed to pay us (including charges relating to any add-ons or other additional paid features that we may make available as one of the Data Graphs Service) are not paid on time.
- If subscription fees or other agreed charges become overdue, we reserve the right to suspend access to the Data Graphs Service until any outstanding amounts are paid, or close the Account Holder’s account permanently. This includes situations in which the Account Holder’s card used for payments has expired.
- Where you wish to use the Data Graphs Service for multiple Account Holders, you either will need to create a Data Graphs Account for each Account Holder and pay a separate subscription fee for each separate Data Graphs Account, or be invited to manage an Account Holder’s account by an Account Holder, in which case that Data Graphs Account shall become visible under your account.
7. Data and intellectual property ownership
- The Account Holder is responsible for the accuracy and reliability of any data entered or uploaded by you when using the Data Graphs Service ("your data"). The Account Holder retains ownership of any copyright, trademarks, database rights and any other intellectual property rights it has in your data. We reserve the right to disclose your data to law enforcement officials in the investigation of fraud or other allegedly unlawful activities. In all other circumstances we will only use your data in order to provide you the Data Graphs Service.
- All copyright, database rights, trademarks and other intellectual property rights in any third party data sources or services used in or as part of the Data Graphs Service are the intellectual property of the relevant third party.
8. Terminating the Contract.
- You can close an Account Holder’s Data Graphs Account at any time by logging into the Data Graphs Service and selecting ‘Cancel My Account’ from the ‘Account’ submenu. No further subscription fees will be billed for the following month. No refunds will be given for any subscription fees already paid.
- You acknowledge that all data related to a Data Graphs Account will be irretrievably deleted once the account is closed.
- We reserve the right to close any Data Graphs Account (including during any trial period) immediately for the reasons given above, or for any reason by giving the Account Holder one month’s notice.
- We do not guarantee that the Data Graphs Service will be suitable for your intended use, or that it will be error or bug free, timely, reliable, entirely secure, virus-free or available, especially given that we are reliant on the Internet and you are reliant on your own devices to access the Data Graphs Service. Despite this, we will try to keep any disruptions to a minimum, but you and the Account Holder acknowledge that we may suspend the Data Graphs Service from time to time to carry out maintenance and support work and/or to investigate its unauthorised use.
- You and the Account Holder acknowledge that you are using the Data Graphs Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for any fraud committed by us, or for any matter which it would be illegal to limit or attempt to restrict our liability. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with your use of the Data Graphs Service (even if we have been advised of the possibility), including the following losses (whether direct or indirect): loss of profit, loss of anticipated savings, loss of sales or business, loss of or damage to good will, loss of use or corruption of software, data or information, and any indirect or consequential loss.
- Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to your use of the Data Graphs Service shall not exceed the total aggregate amount equal to the subscription fees which the Account Holder (or any person making payments on their behalf) has paid to us in the previous month.
- the plural includes the singular and vice versa,
- references to ‘writing’ or ‘written’ includes by email, and
- any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.