Terms of Use

1 — Application of terms

These Terms apply to your use of the Service. By accessing and using the Service you agree to these Terms. Where your access is on behalf of another person or organisation, you confirm you are authorised to agree to these Terms on that person's or organisation's behalf.

If you do not agree to these Terms, you are not authorised to access and use the Service.

2 — Changes

We may change these Terms by posting an updated version on the website. Unless stated otherwise, changes take effect from the date of publication. You are responsible for ensuring you are familiar with the latest Terms.

3 — Key definitions

• Data — all data, content, and information owned, held, or created by you that is stored using or inputted into the Service
• Service — the Evidentful SaaS service as described on the website and in applicable order forms or agreements
• Underlying Systems — the software, IT solutions, systems, and networks used to provide the Service
• We / us / our — Evidentful Limited
• You / your — the person or organisation accessing the Service

4 — Provision of the Service

We will use reasonable efforts to provide the Service in accordance with these Terms, exercising reasonable care, skill, and diligence. Our provision of the Service is non-exclusive.

We will use reasonable efforts to ensure the Service is available on a 24/7 basis, except for scheduled maintenance or Force Majeure events. Specific availability commitments for deployed forces are set out in applicable service agreements.

5 — Your obligations

You must use the Service for lawful purposes only and must not resell or commercially exploit it without our written consent. You and your personnel must not attempt to undermine the security or integrity of the Underlying Systems, impersonate others, or transmit data that breaches any third party rights.

6 — Data

We may require access to Data to perform our obligations. You must arrange all necessary consents for us to access Data as required.

We may generate anonymised and aggregated statistical data from usage and use it for internal research and product development. Title to such Analytical Data remains ours.

To the extent Data contains personal information, in collecting, holding, and processing that information through the Service, we act as your processor under UK GDPR and the Data Protection Act 2018. You must obtain all necessary consents from individuals to enable us to process that information.

You agree that we may store Data in secure servers in the United Kingdom and may access that Data from the United Kingdom.

7 — Intellectual property

Title to and all intellectual property rights in the Service, the website, and all Underlying Systems remains our property (and our licensors' property). Title to and intellectual property rights in Data remains your property. You grant us a worldwide, non-exclusive, fully paid-up licence to use Data for the purpose of providing the Service.

8 — Confidentiality

Each party must keep the other's confidential information secure and disclose it only to personnel or advisors who need to know. Obligations of confidentiality do not apply to information that is publicly available, required by law, or rightfully received from a third party without restriction.

9 — Warranties

Each party warrants it has full power and authority to enter into these Terms. To the maximum extent permitted by law, all other warranties are excluded. We do not warrant that the Service will meet all your requirements or be free from errors.

10 — Liability

Our maximum aggregate liability under these Terms must not exceed the fees paid by you in the twelve months preceding the claim, except where liability cannot be excluded by law. Neither party is liable for loss of data, goodwill, or consequential, indirect, or special losses to the extent permitted by law.

11 — Termination and suspension

We may restrict or suspend your access if you or your personnel undermine the security of the Service, use it improperly, or materially breach these Terms.

12 — General

Neither party is liable for failure to perform due to Force Majeure. These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, subject to any mandatory protections applicable to you. For notices, email [email protected].