Terms of Service

These Terms of Service (“Terms”) govern your use of the Datamask software-as-a-service offerings, including the website at www.datamask.app and all software, applications and other content (the “Services”) made available or operated by Human Data Income Ltd and its affiliates (“Datamask,” “us,” or “we”). These Terms apply to all individuals who access or use the Services.

It is important that you read these Terms carefully because you will be legally bound by them. If you do not agree to these Terms, please do not use the Services.

1. Using the Services

1.1. Right to Use Services
Datamask will provide the Services, and you may access and use the Services, in accordance with these Terms for your own personal and individual use. By accessing or using the Services, you represent that you are of legal age and have accepted these Terms.

1.2. Limitations on Use
By using the Services, you agree not to: (i) modify, prepare derivative works of, or reverse engineer, the Services; (ii) use the Services in a way that does or attempts to abuse or disrupt our networks, user accounts, or the Services; (iii) store within, upload or transmit any harassing, indecent, obscene, or unlawful material, or any type of virus, malware, or malicious code; (iv) upload or transmit any material that may infringe the intellectual property, privacy, or other rights of third parties through the Services; or (v) use the Services to commit fraud or impersonate any person or entity.

1.3. Changes
We may modify or discontinue the Services as we deem appropriate and in our discretion. Access to additional functionality or premium feature improvements may be subject to an additional cost.

2. Fees and Payment

2.1. Fees; Payment Information
If you have purchased a paid version of the Services, you agree to provide Datamask with accurate billing, contact, and payment information, and you agree to pay all applicable fees. All payments are final and non-refundable. We may charge any payment card on file or bill you for all amounts due for your use of the Services, including any fees or overdraft charges incurred in collecting payment. Your credit card and payment information may be provided to our third-party payment processors for payment and fraud prevention.

2.2. Taxes and Withholding
You are responsible for all applicable sales, services, value-added, goods and services, withholding and similar taxes, tariffs, or fees imposed by any government entity or collecting agency based on the Services. In all cases, you will pay the amounts due to us in full without any right of set-off or deduction.

2.3. Non-Payment; Price Updates
We may, with notice to you, suspend or terminate the Services if you do not pay applicable fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting any delinquent amounts. We reserve the right to update the price for access to the Services at any time after your initial subscription term, and price changes will be effective as of your next billing cycle. Your continued use of the Service after such notification serves as your agreement to the price change.


3. Subscription and Termination

3.1. Subscription
Some Services are billed on a subscription basis, in advance and on a recurring billing cycle (which is typically monthly or yearly). To help ensure uninterrupted service, the Services will, by default, automatically renew for additional periods equal to your expiring subscription term. Customers will be notified via email seven (7) days before their subscription renewal date, providing them with details of the upcoming charge and any changes to the service. Customers have the opportunity to opt out of the renewal by cancelling the subscription within these seven (7) days from the date of notification. You may provide notice of non-renewal to our customer support team. Terminating specific Services does not affect the term of any other Services still in effect.

3.2. Termination
You may cease using the Services at any time and contact us to cancel your account, but you will continue to be charged for Services until the end of your then-current subscription term. We may suspend or terminate your account upon notice if you violate these Terms and may reinstate your access to the Services if you remedy the violation to our satisfaction. We reserve the right to terminate your account without notice where doing so is prohibited by law or has a reasonable risk of incurring liability for us.

3.3. Effect of Termination
If any Services are terminated or your subscription expires, your paid account may be converted to a “Starter” version of the Service, if available, at our discretion. Where your account is not converted to a free version, you must immediately discontinue all use of the terminated Services. To the extent permitted by applicable law, neither party will be liable for any damages resulting from the valid termination of the Services, and termination will not affect any claim arising prior to the effective termination date.

4. Your Content and Accounts

4.1. Your Content
Your “Content” includes any files, documents, or similar data that you upload, store, retrieve, or input (e.g., manually or via optional functionality such as password save and fill) to the Services. You retain all rights to your Content and you grant us a license to use, reproduce, display and distribute your Content solely to the extent required and in order to provide and operate the Services.

4.2. Your Privacy and Security
We are committed to protecting your privacy and the security of your data. We have implemented and maintain appropriate organizational, administrative, and technical safeguards to protect your Content from unauthorized access, loss, misuse, or disclosure. You understand that the use of the Services or interaction with our websites may involve the processing of your personal data through equipment and resources located in the United Kingdom and other parts of the world. We acknowledge that the Internet may be subject to security breaches and that the submission of personal information may not always be secure. For further details, please refer to our Privacy Policy

4.3. Your Accounts
When you use the Services, you must provide us with information that is accurate, complete, and current. You agree to safeguard the password that you use to access the Service and not to disclose your password to any third party. We do not send emails asking for your usernames or passwords. We are not liable for any loss that you may incur if you fail to properly secure your master password or account. We may suspend the Services or terminate your account if you or your users are using the Services in a manner that is likely to cause harm to us or if we have reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on your part.
NOTE THAT, WHERE APPLICABLE, WE DO NOT STORE OR HAVE ACCESS TO YOUR MASTER PASSWORD, AND IF YOUR MASTER PASSWORD IS LOST, STOLEN, OR FORGOTTEN, WE CANNOT RETRIEVE YOUR MASTER PASSWORD AND YOU MAY BE UNABLE TO UNLOCK OR ACCESS YOUR ACCOUNT.

4.4 Data Breach Notification
In the event of a data breach that affects your personal data, we will notify you as soon as possible and take appropriate steps to mitigate the impact of such breach.

5. Compliance with Laws
You agree to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. You acknowledge that the Services are subject to export control and trade sanctions laws in the United Kingdom and other countries. You may not access, use, export, or disclose any portion of the Services in violation of applicable export control and sanctions laws. Where required by law, we will cooperate with government authorities with respect to the Services. We may immediately terminate your subscription if we have reason to believe that you have failed to comply with applicable law.


6. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATAMASK DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, DATAMASK DOES NOT REPRESENT OR WARRANT THAT: (i) THE USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR FREE; (ii) THE SERVICES WILL OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, OR DATA; (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (iv) ALL ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK.

7. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATAMASK WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RELATING TO: (i) LOSS OR CORRUPTION OF FILES OR DATA; (ii) LOSS OF INCOME; (iii) LOSS OF OPPORTUNITY; (iv) LOST PROFITS; OR (v) COSTS OF RECOVERY, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT DATAMASK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF DATAMASK, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND AFFILIATES ARISING OUT OF THESE TERMS IS LIMITED TO DIRECT DAMAGES PROVEN UP TO THE SUM OF THE AMOUNTS PAID FOR ACCESS TO THE APPLICABLE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.


8. Additional Terms

8.1. Sales, Promotional Offers, Coupons and Pricing
Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing or promotional offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales, and special promotional offers in our sole discretion.

8.2. Free Services and Trials
Your right to access and use any free Services is not guaranteed for any period of time, and we reserve the right to modify or terminate your access to free Services in our discretion. If you are using the Services on a trial or promotional basis, your access will terminate at the end of the trial period or upon your conversion to a paid subscription. You may need to enter your billing information to register for a trial; and if you do, we will not charge you until the trial period has expired. At the end of the trial period, unless you have cancelled the paid subscription, you will be automatically charged the relevant subscription fees, based on the type of paid subscription selected. At any time and without notice, we reserve the right to modify the terms of the trial Service or cancel the trial period.

8.3. Third Party Services
We are not responsible for, do not endorse, and have no control over any third-party sites or services that you link to or integrate with the Services. You have sole discretion whether to purchase or connect to any third-party services and your use is governed solely by the separate terms and privacy policies for those services. We strongly advise that you read the terms and conditions and privacy policies of any such third-party sites or applications.

8.4. Beta Services
We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available. Use of beta Services is voluntary and optional. We have no obligation to provide technical support for beta Services and may discontinue them at any time without prior notice to you. These beta Services are offered “AS-IS,” at your sole risk, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory, or otherwise. If you are using beta Services, you may receive related correspondence and updates from us. We own any feedback about the beta Service you share with us.

8.5. Proprietary Rights and Datamask Marks
Datamask retains all proprietary right, title and interest in the Services, including our name, logo and other marks, and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades. You may not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates or is similar to part or all of any of the above.

8.6. No Class Actions
You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.

8.7. Security Emergencies
If we reasonably determine that the security of the Services or infrastructure may be compromised due to hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the Services. If we do so, we will, to the extent practicable, provide you notice, and take actions designed to promptly resolve any security issues and restore the Services.

8.8. High-Risk Use
You understand that the Services are not designed or intended for use during high-risk activities, which include but are not limited to use in hazardous environments requiring fail-safe controls, weapons systems, aircraft navigation, control, or communications systems, and/or life support systems.

8.9. Assignment
You may not assign or sublicense your rights or delegate your duties under these Terms, either in whole or in part, without our prior written consent. Datamask may assign these Terms, in whole or in part, to an affiliated entity, or as part of a corporate reorganization, consolidation, merger, acquisition, divestiture or sale of all or substantially all of its business or assets to which these Terms relate.

8.10. Emails and Communications
We may provide operational notifications regarding billing, account activity, and service updates to the primary email designated on your account, electronically via postings on our website, in-product notices, or our self-service portal or administrative center. If you have any questions about these Terms, you can contact our support team or write us by mail at: [insert Datamask's address here].

8.11. Survival
The following sections of these Terms will survive termination: Sections 2 (Fees and Payment), 3.3 (Effect of Termination), 4 (Your Content and Accounts), 7 (Limitation on Liability), 8.6 (No Class Actions), 8.9 (Communications), and 8.15 (Contracting Party, Choice of Law and Location for Resolving Disputes).

8.12. Entire Agreement; Changes
These Terms are the entire agreement between you and Datamask relating to the Services and they supersede all prior or simultaneous oral and written agreements between the parties. We may update these Terms from time to time, which will be identified by the last updated date, and may be reviewed at [insert link to Datamask's TOS here]. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued access to and use of the Services constitutes your acceptance of the then-current Terms. If you do not agree to the new terms, or any portion of the new terms, please stop using the Service.

8.13. General Terms
If any provision of these Terms is found not to be enforceable, it will not affect any other provisions. No person or entity not a party to these Terms will be a third party beneficiary. Our authorized distributors do not have the right to modify these Terms or to make commitments binding on us. Failure to enforce any right under these Terms will not waive that right. Unless otherwise specified, remedies are cumulative. These Terms may be agreed to online or executed by electronic signature and in one or more counterparts. We will not be responsible for any delay or failure to perform under these Terms due to any events or circumstances that are outside of our control or that we could not have reasonably anticipated (e.g., natural disasters; terrorist activities, activities of third-party service providers, labor disputes; acts of government, etc.).

8.14. Contracting Party, Choice of Law and Location for Resolving Disputes
The Datamask contracting entity, contact information, and governing law for your use of the Services depends on your billing location, and is stated at info@datamask.app.

Please remember to replace the placeholders with the appropriate links and addresses. Also, always consult a legal professional when drafting or revising terms of service.

Last update: 4 aug 2023