Terms and Conditions
Please read these Terms and Conditions (“TaCs”) carefully. All contracts that the Provider may enter from time to time for the provision of the Services shall be governed by these TaCs, and the Provider may ask the Customer or User for their express acceptance of these TaCs before providing any such services to the Customer.
1.1
ScotAi (“Provider”) reserves the right to update and modify the TaCs at any time. The current revision of the TaCs can be reviewed by clicking on the "Terms and Conditions" link located at the bottom of our web pages. Users shall be notified when TaCs are updated. By using the System after a new version of the TaCs has been posted, you agree to the terms of such new version.
2. Services Provided
2.1
Provider provides you with a variety of capabilities through its mAint and Kensit artificial intelligence software systems (“System”, “mAint” or “Kensit”.). These include but are not limited to the capability to upload, view, hear, watch, summarise, use, quiz and interact with content uploaded by the user (collectively “Services”). The System and Services, including any updates, enhancements, new features, and/or the addition of any new enhancements, properties or content, are provided subject to these TaCs.
2.2
The “User” shall be the person or entity which accesses, uploads content to or uses the Services for whatsoever reason, whether those Services are paid for, or provided at no cost to that person or entity. The “Customer” shall be the person or entity which orders or accepts the Services, whether those Services are paid for, or provided at no cost to that person or entity. In some instances, the User and Customer shall be the same person or entity.
2.3
The System will automatically generate an account for the User on the Effective Date and will provide login details for that account.
2.4
The Provider hereby grants to the Customer a worldwide, non-exclusive licence to use the Services by means of a Supported Web Browser or an on-premises browser, for the business purposes of the Customer in accordance with these TaCs during the Term.
The initial subscription term is 12 months from the order date. Subscriptions automatically renew for successive 12-month periods unless cancelled by either party with at least 60 days' written notice before the current term expires.
Cancellation notices must be sent to Moray Melhuish, COO (for Provider) and an authorised representative (For Customer). Upon expiry or termination, access to the Services will cease immediately.
2.5
The licence granted by the Provider to the Customer under Clause 2.4 is subject to the following limitations:
- Unless an Enterprise Level agreement is in place between the Provider and the Customer, each User account is for the use of each individual User only and may not be shared.
- If an Enterprise-level agreement is in place with the Customer:
- the Services may only be used by the officers, employees, agents and subcontractors of either the Customer or an Affiliate of the Customer;
- the Services may only be used by the named users identified in the administrator accounts, providing that the Customer may change, add, or remove a designated named user in accordance with the procedure set out therein; and
- the Services must not be used at any point in time by more than the number of concurrent users specified in the Enterprise Level Agreement, providing that the Customer may add or remove concurrent user licences in accordance with the procedure set out therein.
2.6
Except to the extent expressly permitted in these Terms and Conditions or required by law on a non-excludable basis, the licence granted by the Provider to the Customer under Clause 2.4 is subject to the following prohibitions:
- the Customer must not sub-license its right to access and use the Services;
- the Customer must not permit any unauthorised person to access or use the Services;
- the Customer must not make any alteration to the System.
2.7
The Customer or User may not modify, copy, transmit, distribute, perform, display, reproduce, license, publish, create derivative works from, transfer, or sell any information, software, products, services, or information obtained from the Services.
3. Content
3.1
All content included in or made available through the Services, such as operations manuals, data sheets, text, graphics, logos, icons, images, sounds, digital downloads, data compilation, software, and documents is the exclusive property of ScotAi or its content suppliers and is protected by the various applicable copyright, trademark, patent, and other intellectual property and unfair competition laws in the United Kingdom, European Union and internationally unless otherwise indicated. All rights not expressly granted to you in these TaCs are reserved and retained by ScotAi or its licensors, suppliers, publishers, rightsholders, or other content providers.
3.2
All content uploaded to the System by the User is warranted to be free of defects by them. Further, by uploading content to the System the user warrants that it owns the intellectual property rights or has the express permission of the owner of the intellectual property rights, to do so. The user shall satisfy themselves as to the accuracy, completeness and integrity of the information stored in and resulting from the System and uses it entirely at their own risk. Please respect the intellectual property rights of others when using the Services.
3.3 System Outputs and User Rights
3.3.1 User Content Ownership
Users retain full ownership and rights to all documents, data, and content they upload to or input into the System ("User Content").
3.3.2 System Outputs
The System processes User Content and generates outputs such as summaries, analyses, answers, and other information derived from User Content ("System Outputs").
3.3.3 Rights to System Outputs
Users have the right to use, copy, modify, distribute, and otherwise exploit System Outputs for any lawful purpose, including commercial use. Users may incorporate System Outputs into their own documents, reports, presentations, and other materials without restriction.
3.3.4 No Provider Claims
Provider makes no claim to ownership of User Content or System Outputs. Provider's rights are limited to the Software and technology used to generate the outputs.
3.3.5 User Responsibility
Users are responsible for ensuring their use of System Outputs complies with applicable laws and regulations. Users should verify the accuracy of System Outputs before relying on them for important decisions.
3.4
Documents specified above do not include the design or layout of the ScotAi.tech, mAint.world websites or any other ScotAi owned, operated, licensed, or controlled site. Elements of these websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any ScotAi website may be copied or retransmitted unless expressly permitted by ScotAi.
3.5
Provider does not claim ownership of the materials uploaded to the System or Services, which remain property of the Customer or User. Provider may access information for investigation of issues reported by Customer or User only, and with their approval only.
3.6
By uploading documents to the System, you grant Provider a limited, non-exclusive, non-transferable license to:
- Store, process, and analyse your uploaded documents solely for the purpose of providing the Services to you;
- Generate responses, summaries, and other outputs based on your uploaded content;
- Perform technical operations necessary to maintain and improve the System's functionality in relation to your use.
3.6.1 Scope Limitations
The license granted above:
- Does not permit Provider to share, distribute, or provide access to your uploaded documents to any other Users or third parties;
- Does not grant Provider any ownership rights in your uploaded content;
- Is strictly limited to the technical processing required to deliver the Services to you;
- Does not include rights to use your content for Provider's own commercial purposes outside of providing you the Services.
3.6.2 Confidentiality
Provider will treat all uploaded documents as confidential information and will not disclose them to other Users or third parties except as required by law or with your express written consent.
3.6.3 License Termination
The license granted in section 3.6 will terminate immediately upon deletion of content from the System or termination of access to the Services. Upon termination, Provider will cease processing such content and will delete it in accordance with the data retention provisions of these Terms and Conditions.
3.7
By using the System, the User acknowledges and accepts that the system is a content reader and that the original document or image is provided for reference the original document or image should be relied upon by the user in all respects. The original author or creator of that document is responsible for the content contained therein.
3.8 System Accuracy and Good Practice Commitments
3.8.1 System Limitations
Any interpretation provided by the System is for ease of reference only. By using the System, the User acknowledges that AI systems can produce inaccurate, incomplete, or misleading outputs. The System provides limited references to User-provided data sets, including but not limited to images, documents, and files. Users are responsible for verifying all outputs against the original User-provided data set or through independent research before relying on them for any purpose.
3.8.2 Provider Good Practice Commitments
Provider commits to maintaining the following good practices in the development and operation of the System:
- Training Data Standards: Provider endeavours to use training data that is sufficient, accurate, and as unbiased as reasonably practicable for the System's intended purposes.
- Privacy by Design: Provider incorporates privacy by design and by default principles into the development and operation of the System, implementing appropriate technical and organisational measures to protect User data.
- Data Protection Impact Monitoring: Provider conducts Data Protection Impact Monitoring (DPIMs) and regularly reviews and updates these to identify and mitigate privacy risks.
- Ethical Risk Assessment: Provider conducts ethical risk assessments to identify potential ethical implications and implement appropriate safeguards.
- Testing and Monitoring: Provider carries out ongoing testing to establish and monitor the accuracy, robustness, and safety of the System, implementing improvements where reasonably practicable.
- Transparency Capabilities: The System is designed with transparency features to provide Users with information about its operations where technically feasible and appropriate.
3.8.3 Limitations of Commitments
While Provider commits to these good practices, Users acknowledge that:
- No AI system can guarantee complete elimination of bias, hallucinations, or errors.
- The effectiveness of safeguards may vary depending on use cases and data inputs.
- Continuous improvement is an ongoing process subject to technological and practical constraints.
3.8.4 User Responsibilities
Users remain responsible for:
- Conducting their own verification of System outputs.
- Using the System appropriately for its intended purposes.
- Not relying solely on System outputs for critical decisions without independent verification.
4. Software
4.1
Any software that is made available through the Services ("Software") is the work of ScotAi and/or its suppliers and is copyrighted as such. Use of the Software is governed by the terms of the end user license agreement ("License Agreement"), if any, which accompanies or is included with the Software. If no Licence Agreement is included with the Software, the TaCs set out in this document shall apply. Use of the System or Software constitutes acceptance of the License Agreement terms in force at that time. Third party scripts or code, linked to or referenced from the System, are licensed to you by the third parties that own such code, not by ScotAi.
4.2
Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators whether individual users or the corporations for the potential benefit of which the system has been used will be prosecuted to the maximum extent possible.
4.3
Without limiting the foregoing, reproduction or copying of any component of the System to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
5. Representations and Warranties
5.1
The Customer and each User acknowledges that complex software is never wholly free from defects, errors, and bugs. The Provider gives no representation or warranty that the Services will be wholly free from defects, errors, and bugs.
5.2
The Customer and each User acknowledges that complex software is never entirely free from security vulnerabilities. The Provider gives no representation or warranty that the Services will be entirely secure. It is for the Customer and each User to make its own assessment in this respect.
5.3
Software is warranted, if at all, only according to the terms of the license agreement. Any content uploaded by the user is expressly warranted by the user, and they are responsible for confirming that the System output meets their expectations in terms of suitability, accuracy of the results or output; it is used entirely and exclusively at the risk of the user and provided "as is" without warranty of any kind. Except as warranted in the license agreement, the Provider hereby disclaims all warranties and conditions with regard to the System, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For the convenience of the user, the Provider may make available as part of the services or in its software products, tools, and utilities for use and/or download. The Provider does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. It is the duty of the Customer and the User to each make their own assessment of accuracy and sufficiency of the information provided by the System.
5.4
The Provider and/or its respective suppliers hereby disclaim all warranties and conditions regarding information contained within or enabled by the System, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement. In no event shall ScotAi and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of information available from the services.
5.5
Documents, graphics, information, and any other content within or enabled by the System could include technical inaccuracies or typographical errors; it is the responsibility of the user to satisfy itself as to the suitability, accuracy, and integrity of the content. Changes are periodically made to the System. ScotAi and/or its respective suppliers may make improvements and/or changes in the TaCs or the System described herein at any time.
5.6
Except to the extent expressly provided otherwise in these TaCs, the Provider does not represent or warrant that the Services, or their use, will not give rise to any legal liability on the part of the Customer, User, or any other person.
6. Limitation of Liability
6.1
In no event shall ScotAi and/or its respective suppliers be liable for any special, indirect or consequential loss or damages or any loss or damages whatsoever resulting from loss of use, data, opportunities, reputation, production, revenue or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the System or Services, or performance of software, documents, provision of or failure to provide services, or information available from the Services.
6.2
You are solely responsible for responding to any third-party claims regarding your use of the Services in compliance with applicable laws (including, but not limited to, copyright infringement, consequential loss or other claims relating to content output resulting from use of the Services).
6.3
At no time shall liability of the Provider to the Customer or User exceed the total amount paid by the Customer to the Provider for that product in the 12-month period preceding the claim.
6.4
Nothing in these Terms and Conditions will:
- Exclude any liability for death or personal injury resulting from negligence.
- Exclude any liability for fraud or fraudulent misrepresentation.
- Limit or exclude any liabilities in a way that is not permitted or may not be excluded under applicable law.
7. Indemnities
7.1
The Provider shall indemnify and shall keep indemnified the Customer against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Customer and arising directly or indirectly as a result of any breach by the Provider of these Terms and Conditions (a "Provider Indemnity Event").
7.2
The Customer must:
- upon becoming aware of an actual or potential Provider Indemnity Event, notify the Provider.
- provide to the Provider all such assistance as may be reasonably requested by the Provider in relation to the Provider Indemnity Event.
- allow the Provider the exclusive conduct of all disputes, proceedings, negotiations, and settlements with third parties relating to the Provider Indemnity Event; and
- not admit liability to any third party in connection with the Provider Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Provider Indemnity Event without the prior written consent of the Provider,
without prejudice to the Provider's obligations under Clause 7.1 and the Provider's obligation to indemnify the Customer under Clause 7.1 shall not apply unless the Customer complies with the requirements of this Clause 7.2.
7.3
The Customer and User shall each indemnify and shall keep indemnified the Provider against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Provider and arising directly or indirectly as a result of any breach by the Customer or User of these Terms and Conditions (a "Customer Indemnity Event").
7.4
The Provider must:
- upon becoming aware of an actual or potential Customer or User Indemnity Event, notify the Customer.
- provide to the Customer all such assistance as may be reasonably requested by the Customer in relation to the Customer or User Indemnity Event.
- allow the Customer the exclusive conduct of all disputes, proceedings, negotiations, and settlements with third parties relating to the Customer Indemnity Event; and
- not admit liability to any third party in connection with the Customer Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Customer Indemnity Event without the prior written consent of the Customer,
and the Customer's obligation to indemnify the Provider under Clause 7.3 shall not apply unless the Provider complies with the requirements of this Clause 7.4.
7.5
The indemnity protection set out in this Clause 7 shall be subject to the limitations and exclusions of liability set out in the Agreement.
8. Protection of Privacy
8.1
Each party shall comply with the prevailing Data Protection Laws with respect to the processing of personal data.
8.2
The User warrants to the Provider that it has the legal right to disclose all Personal Data that it does in fact disclose to the Provider under or in connection with the Agreement.
8.3
The User shall only supply to the Provider, and the Provider shall only process, in each case under or in relation to the Agreement, the Personal Data of data subjects for the purposes of managing accounts, monitoring, and improving the Services and for research purposes.
8.4
The Provider shall only process the Customer Personal Data during the Term and for not more than 30 days following the end of the Term, subject to the other provisions of this Clause 8.
8.5
The Provider shall only process the User Personal Data on the documented instructions of the User (including regarding transfers of the Personal Data to any place outside the United Kingdom or European Economic Area), as set out in these Terms and Conditions or any other document agreed by the parties.
8.6
Notwithstanding any other provision of these Terms and Conditions, the Provider may process the User Personal Data if and to the extent that the Provider is required to do so by applicable law. In such a case, the Provider shall inform the Customer of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
8.7
The Provider shall ensure that persons authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
- The Provider and the User shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the User Personal Data.
8.8
The Provider must not engage any third party to process User Personal Data without the prior specific or general written authorisation of the Customer. The Provider is hereby authorised by the Customer, as at the Effective Date, to engage third parties for the purposes of managing user accounts, monitoring, and improving the Services or for the purposes of research carried out by or for the Provider. The Provider shall ensure that each third-party processor is subject to equivalent legal obligations as those imposed on the Provider by this Clause 8.
8.9
The Provider shall, insofar as possible and considering the nature of the processing, take appropriate technical and organisational measures to assist the Customer with the fulfilment of the Customer's obligation to respond to requests exercising a data subject's rights under the Data Protection Laws.
8.10
The Provider shall assist the Customer in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws.
8.11
The Provider shall make available to the Customer all information necessary to demonstrate the compliance of the Provider with its obligations under this Clause 8 and the Data Protection Laws.
8.12
The Provider shall, at the choice of the Provider, delete or return all the Customer Personal Data to the Customer after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Data.
8.13
The Provider shall allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer in respect of the compliance of the Provider's processing of Customer Personal Data with the Data Protection Laws and this Clause 8. The Provider may charge the Customer at its standard time-based charging rates for any work performed by the Provider at the request of the Customer.
8.14
If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under these Terms and Conditions, then the parties shall use their best endeavours promptly to agree such variations to these Terms and Conditions as may be necessary to remedy such non-compliance.
9. Account Use and Security
9.1
To open an account, you must register using current, complete, and accurate information as prompted by the registration form. You also will choose a username and password. You are entirely responsible for maintaining your password and account confidentiality. The responsibility for all activities that occur under your account lies with you. In the event of unauthorised use of your account, you will notify ScotAi immediately. ScotAi bears no liability for losses occurring from the use of your account by others. You may be held liable for losses incurred by ScotAi or another party due to someone else using your account or password.
10. Illegal or Prohibited Activities
10.1
It is a condition of the use of the System and Services that you will not use them for any purpose which is illegal or prohibited by these terms and conditions. You may not use them in any manner intended to impair any part of the System or the network(s) connected to any ScotAi server or interfere with any other party's use and enjoyment of any System or Services. Attempting to gain unauthorised access to the System or Services, or to the accounts of others, is prohibited. You may not attempt to copy, alter, change, or modify the System or Services or these TaCs.
11. System and Service Use
11.1
The System and Services may include messaging, chat, forums, communities, personal or corporate web pages, calendars, directories of files, and/or other message or communication facilities designed to enable you to interact, learn and use files and information. You agree to use such capability only in a proper and legal manner. By way of example, and not as a limitation, you agree that when using the System and Services, you will not:
- Infringe the copyright, trademark, patent, trade secret or other proprietary right or other intellectual property of ScotAi or any third party.
- Delete or change any copyright statement or information such as author attribution and details, legal or other notices, proprietary designations, labels of origin or source of any material uploaded to, stored in, or used in interaction with the System or Service.
- Violate the legal rights of others through defamation, harassment, or breaches of rights of privacy and publicity.
- Publish, post, make available or share content from or derived from the System or Services with others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
- Use any information or content including drawings, images, or photographs, which are made available through the System and Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of ScotAi or any third party.
- Upload or attempt to upload malware files including but not limited to viruses, Trojan horses, corrupted files, worms, cancelbots, time bombs, or any other similar software or programs capable of damaging computers, servers, or software.
- Sell or resell content or capability derived from the System and Services without the express permission of ScotAi.
- Breach any applicable laws or regulations.
- Permit the system to be used in any state proscribed or subject to trade sanctions by the United Kingdom or United States of America including but not limited to Russia, Belorussia, North Korea, Iran.
11.2
Provider reserves the right to monitor use of any part of the System and Services but has no obligation to do so. Provider reserves the right to edit, suspend, terminate, or delete user accounts and user content for any breach of law or these TaCs at its sole discretion given 7 days notice.
11.3
Provider reserves the right to share user information as necessary to satisfy any applicable law, regulation, legal process, or public authority request.
11.4
Provider does not endorse, condone, or agree with content contained within the System or Services. Provider accepts no liability for inappropriate use of the Systems and Services. It is the user’s responsibility to verify the accuracy of any chat held within the System or Services, and Provider accepts no responsibility or liability for results or consequences thereof.
11.5
Materials uploaded to the System may be subject to limitations including usage, file size, and number of pages. These limitations may change from time to time at the discretion of Provider, and the account you have may not be the most suitable account for your needs. You are responsible for adhering to these limitations if you upload materials and use the System.
11.6
Where charged for, the System and Services are provided on an ongoing, subscription basis. In the event of non-payment, the Services shall cease to be provided.
11.7
The Provider reserves the right to alter the cost of the subscription service from time to time. In this event, Users and Customers affected shall be given 30 days’ notice. In the event that escalation has been agreed as part of a proposal made by Provider, that escalation shall prevail.
12. Further Restrictions on Use
The System and Services may not be used for the purposes of:
- Reverse Engineering: You may not use the System and Services to discover any underlying components of the systems, components or information presented.
- Data Extraction: You may not use web harvesting, scraping or data extraction methods to extract data from the System or Services.
- Limitation of Information Displayed: You may not use the Services, or data derived therefrom, to create, train, or improve (directly or indirectly) any other AI service.
13. Copyright Infringement Process
13.1
If you believe that copyright has been infringed, please write to us, and provide the following:
- Your contact information (full name, address, phone number and email address).
- Identification of the copyrighted work you claim has been infringed.
- Identification of the material you claim is infringing the copyright, and information reasonably sufficient to permit us to locate the material.
- The following statements:
- "I have a good faith belief that use of the material is not authorised by the copyright owner, its agent, or the law."
- "Under penalty of perjury, the information in this notification is accurate and that I am the copyright owner, or am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed."
- Your physical signature.
14. Interpretation and Disputes
14.1
This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of Scotland.
15. Confidentiality and Non-Disclosure
Definitions
For the purposes of this Agreement:
"Confidential Information" means any information, data, materials, or knowledge disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally, in writing, electronically, or in any other form, including but not limited to:
- Technical data, specifications, algorithms, source code, object code, and software documentation
- Business plans, financial information, customer lists, pricing information, and commercial strategies
- User data, analytics, usage patterns, and system performance information
- Any information marked or identified as confidential or proprietary
- Any information that would reasonably be considered confidential by its nature or the circumstances of its disclosure
Mutual Obligations
Both Provider and User acknowledge that each party may disclose Confidential Information to the other in connection with the provision and use of the System and Services. Each party agrees to:
- Maintain Confidentiality: Hold all Confidential Information received from the other party in strict confidence and not disclose such information to any third party without the prior written consent of the Disclosing Party.
- Limited Use: Use Confidential Information solely for the purposes of performing obligations or exercising rights under this Agreement and not for any other purpose.
- Standard of Care: Protect Confidential Information using the same degree of care used to protect its own confidential information, but in no event less than reasonable care.
- Access Restriction: Limit access to Confidential Information to employees, agents, and advisors who have a legitimate need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein.
Exceptions
The obligations set forth in this clause shall not apply to information that:
- Was known to the Receiving Party prior to disclosure by the Disclosing Party
- Is or becomes publicly available through no breach of this Agreement by the Receiving Party
- Is rightfully received from a third party without breach of any confidentiality obligation
- Is independently developed by the Receiving Party without use of or reference to the Confidential Information
- Is required to be disclosed by law, regulation, or court order, provided that the Receiving Party gives reasonable advance notice to the Disclosing Party (where legally permitted)
15.1 Marketing and Branding Rights
Provider may use User's name, logo, and trademarks in its marketing materials, case studies, client lists, and promotional communications to identify User as a customer, unless User provides written notice to Provider expressly prohibiting such use. User may withdraw this permission at any time by providing thirty (30) days' written notice to Provider, after which Provider shall cease such use within a reasonable timeframe.
15.2 Data Protection Compliance
Both parties acknowledge their respective obligations under applicable data protection laws, including but not limited to the UK General Data Protection Regulation and the Data Protection Act 2018. The handling of any personal data shall be governed by the Data Processing provisions of this Agreement and applicable privacy policies.
15.3 Duration and Survival
The confidentiality obligations under this clause shall:
- Commence upon the first disclosure of Confidential Information
- Continue for a period of five (5) years following termination or expiry of this Agreement
- Survive termination of this Agreement for any reason
15.4 Remedies
Each party acknowledges that breach of this confidentiality clause may cause irreparable harm for which monetary damages would be inadequate. Therefore, each party shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other available remedies at law or in equity.
15.5 Return of Information
Upon termination of this Agreement or upon written request by the Disclosing Party, each Receiving Party shall promptly return or destroy (at the Disclosing Party's option) all documents, materials, and other tangible manifestations of Confidential Information and all copies thereof.