myDataValue

Terms & Conditions

The terms that govern your use of My Data Value Ltd's platform and services. How we handle personal data is set out in our privacy policy.

Terms and conditions

Definitions

In these Terms of Service (“Terms”), the following terms will have the meanings set forth below. Any capitalized terms not defined herein will have the meaning as defined in the applicable Order:

  1. “Agreement” means these Terms of Service, any Orders incorporating these Terms, the Data Processing Addendum (DPA), and any other terms referenced herein.
  2. “My Data Value Ltd” refers to My Data Value Ltd, a company registered in the United Kingdom. All references to My Data Value Ltd herein apply to its service offerings.
  3. “Customer Data” means any data submitted by the Customer to My Data Value Ltd’s platform for data analysis. Customer Data is considered the Customer’s Confidential Information. The Customer retains all rights, title, and interest in and to the Customer Data.
  4. “DPA” means the Data Processing Addendum made available by My Data Value Ltd upon request at privacy@mydatavalue.com or otherwise agreed in an Order.
  5. “Documentation” refers to the printed and digital instructions, help files, technical documentation, and user manuals provided by My Data Value Ltd describing the platform’s operation, including the product guides available in the Platform, through its in-app assistant and through its AI assistant connector.
  6. “Order” signifies any document signed by both parties that outlines the services provided by My Data Value Ltd, including pricing and subscription details.
  7. “Platform” denotes the data analytics platform provided by My Data Value Ltd, available as a software service to the Customer.

Subscription Services

License to Services: My Data Value Ltd grants the Customer a non-exclusive, non-sublicensable, non-transferable right to access and use the Platform in line with the Documentation and under the terms of the Order, solely for the Customer’s internal business purposes.

Customer Data

License to Customer Data: The Customer grants My Data Value Ltd a non-exclusive, royalty-free, worldwide license to use the Customer Data as necessary to provide the Platform and improve My Data Value Ltd’s products and services.

Fees and Payment

Fees: The Customer shall pay My Data Value Ltd all fees specified in the relevant Order (“Fees”). All Fees are quoted in Pounds Sterling (£/GBP). Except as otherwise specified herein or in an Order, (i) Fees are based on the services purchased and not actual usage, (ii) payment obligations are non-cancellable, and (iii) Fees paid are non-refundable.

Payment and Invoicing: The Customer must provide a valid and up-to-date payment method. For online subscriptions, Fees will be charged in advance for the chosen term (monthly or annual) to the payment method provided. For any services requiring an invoice as specified in an Order, My Data Value Ltd shall issue an invoice in advance. All invoiced amounts are due and payable within seven (7) days of the invoice date. The Customer is responsible for providing complete and accurate billing and contact information and notifying My Data Value Ltd of any changes.

Late Payments: Any undisputed invoiced amount not received by My Data Value Ltd by the due date may accrue late payment charges at a rate of 4% per annum above the Bank of England’s base rate from time to time, or the maximum rate permitted by law, whichever is lower. Furthermore, if any payment is overdue by more than fourteen (14) days, My Data Value Ltd may, without limiting its other rights and remedies, suspend the Customer’s access to the Platform and other services until such amounts are paid in full.

Taxes: The Fees are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including value-added tax (VAT), sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). The Customer is responsible for paying all Taxes associated with its purchases hereunder.

Proprietary Rights and Confidentiality

Ownership: My Data Value Ltd retains all rights, title, and interest in the Platform and Documentation. Customer feedback provided to My Data Value Ltd grants them a right to use such feedback for any purpose.

Restrictions: The Customer shall not, and shall not permit or help any third party to:

  1. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, methods, or underlying structure of the Platform;
  2. access or use the Platform or Documentation to build, improve, or support a product or service that competes with the Platform, or to carry out benchmarking for such a product or service;
  3. disclose the Documentation, or any analysis of how the Platform works, to a provider of such a competing product or service;
  4. bulk-extract, scrape, or systematically copy the Documentation, or any part of the Platform other than Customer Data and the reports, query results, and exports the Platform produces for the Customer’s internal business purposes.

Confidentiality: Any part of the Documentation, and any part of the Platform other than Customer Data and the reports, query results, and exports the Platform produces for the Customer, that My Data Value Ltd has not itself published is My Data Value Ltd’s confidential information. The Customer may share it only with its own employees and contractors who need it to use the Platform, or with an AI assistant acting on its behalf through the AI assistant connector, and remains responsible for their compliance with these Terms.

Breach of the Restrictions or Confidentiality terms: My Data Value Ltd may suspend the Customer’s access to the Platform or terminate the Agreement immediately, without the 30-day cure period that otherwise applies to termination for breach.

Term and Termination

  1. Term: This Agreement commences on the Effective Date and continues until terminated as per the terms outlined herein.
  2. Termination: Either party may terminate the Agreement for breach if such breach is not cured within 30 days after written notice, except as set out under Proprietary Rights and Confidentiality for a breach of the Restrictions or Confidentiality terms.

Limitation of Liability

  1. General Limitation: To the fullest extent permitted by law, in no event will My Data Value Ltd, its directors, employees, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
  2. Cap on Liability: My Data Value Ltd’s total liability to you from all causes of action and under all theories of liability will be limited to the amount you paid to My Data Value Ltd for the use of the Platform in the 12 months preceding the claim or £100, whichever is greater. This cap does not apply to liability resulting from My Data Value Ltd’s gross negligence or willful misconduct.
  3. Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
  4. Essential Basis: The limitations and exclusions of liability set out in this section form an essential basis of the agreement between you and My Data Value Ltd. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed their essential purpose.

Disclaimers

  1. Service “As Is”: The services provided by My Data Value Ltd, including all software, data analytics, platforms, and related materials (collectively, “Services”), are offered on an “as is” and “as available” basis. My Data Value Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements or expectations, be uninterrupted, timely, secure, or error-free, or that defects in the Service will be corrected.
  2. Accuracy of Data: While My Data Value Ltd strives to ensure that the data and analysis provided through our Services are accurate and reliable, we cannot guarantee the accuracy, completeness, or usefulness of any information on the Service. The Customer acknowledges that reliance on any information provided by the Service is solely at their own risk. My Data Value Ltd is not responsible for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
  3. Third-Party Links: The Service may contain links to third-party websites or services that are not owned or controlled by My Data Value Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that My Data Value Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
  4. No Legal Advice: Information provided through the My Data Value Ltd Service is for informational purposes only and should not be considered legal advice. Users of the Service should consult with their own legal advisors before making any legal decisions.
  5. User Responsibility: The Customer is solely responsible for any conclusions, decisions, or actions taken based on the data analysis or information provided through the My Data Value Ltd Service. My Data Value Ltd is not liable for any outcomes resulting from the interpretation or use of the data and information provided.
  6. Changes to Service: My Data Value Ltd reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that My Data Value Ltd will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
  7. User Content: My Data Value Ltd does not claim ownership of the data (Customer Data) submitted to the Service. However, by submitting Customer Data, you grant My Data Value Ltd a worldwide, royalty-free license to use, reproduce, display, perform, and distribute this information for the purpose of providing and improving the Service.

By using the My Data Value Ltd Service, you acknowledge and agree to these disclaimers. Your use of the Service is at your sole risk.

Compliance with Laws

Legal Compliance: The Customer warrants that their use of My Data Value Ltd’s services will comply with all applicable laws.

Miscellaneous

  1. Amendments: My Data Value Ltd may amend these Terms from time to time, with such amendments effective upon notice to the Customer.
  2. Governing Law: This Agreement shall be governed by the laws of the United Kingdom, without regard to its conflict of law provisions.

Privacy policy

Our privacy policy has its own page at mydatavalue.com/privacy. It covers the website, the AI assistant connector, cookies and our GDPR notice.

GDPR privacy notice: mydatavalue.com/privacy#user-policy