Your agreement and guidelines for using SiYtE services safely and responsibly.
These terms of service (ToS) relate to your use of the PT Tech (as defined below) and may be updated from time to time by notification in writing from PT (served via the Platform or, for more material updates, to the email address associated with and provided by you on registration).
In these ToS, the following expressions have the following meanings:
In consideration of the Fees, PT hereby grants you a personal, non-transferable, non-exclusive, royalty free, revocable licence to access and use the PT Tech at the Location on the Supported Devices during the Term solely for the internal business purposes of the corporate entity on whose behalf you are authorised to use the PT Tech, in all cases subject to these ToS.
You:
a) may not use the PT Tech other than in accordance with these ToS. The PT Tech may not be offered or shared with the general public or exploited commercially, either by itself or in respect of any other product or service (including software).
b) may only use the PT Tech for the internal business purposes of the corporate entity on whose behalf you are authorised to use the PT Tech. You shall not permit any third party to use the PT Tech nor use the PT Tech on behalf of or for the benefit of any third party in any way whatsoever.
c) shall notify PT as soon as you become aware of any unauthorised use of the PT Tech by any person.
d) shall permit PT to inspect and have access to any premises (and the computer equipment located there) at or on which the PT Tech is being used, and have access to any records kept in connection with these ToS for the purposes of PT ensuring that you are complying with these ToS.
e) shall not at any time do or permit to be done anything which may affect PT’s right, title or interest in the PT Tech.
f) shall not alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble, convert into human readable form, or reverse engineer all, or any part, of the PT Tech otherwise than as is permitted under applicable law.
g) shall not use the PT Tech in any manner or by means which could be detrimental or injurious to PT, including to its reputation.
h) shall provide PT with such information as PT reasonably requests in relation to your use of the PT Tech.
You acknowledge that you must not, and it shall not be necessary for you to, decompile the PT Tech or copy or adapt any part of the PT Tech except as otherwise permitted by applicable law. Accordingly, sections 50A, 50B and 50C of the Copyright, Designs and Patents Act 1988 are excluded to the fullest extent permitted by that Act.
You acknowledge that third party software forms part of the PT Tech. Use of such third party software shall, in certain situations, be subject to additional licence terms as provided to you and you shall comply with any such terms.
All copyright, database rights, design right, trade mark rights, and other intellectual property rights that subsist in the PT Tech are and shall remain the exclusive property of PT and/or its licensors and are the confidential information of PT, not to be disclosed except as required in connection with your use of the PT Tech hereunder.
Any and all copyright, database rights and other intellectual property rights that subsist in any and all data arising out of the use of the PT Tech by you during the Term in accordance with these ToS (PT Data) are and shall remain the exclusive property of PT. To the extent not already owned by PT, you hereby assign by way of present and future assignment, absolutely, with full title guarantee, the PT Data to PT.
Notwithstanding clause 4.2 above, PT hereby grants you, during the Term, a non-exclusive, royalty free, paid-up licence to use the PT Data solely for the purposes as required for you to use the PT Tech as specified herein.
Your use of the PT Tech shall continue in force for the Term, unless earlier terminated in accordance with this clause. If PT terminates its agreement with the corporate entity on whose behalf you are entitled to use the PT Tech then your use of the PT Tech shall immediately and automatically cease.
PT may also terminate these ToS if you materially breach any of its terms.
Any termination and/or expiry of these ToS pursuant to this clause shall be without prejudice to any other accrued rights or remedies either of us may be entitled to hereunder or at law. Upon termination or expiry (as applicable) you shall immediately return any and all PT Tech to PT, together with such other documentation and materials that PT may request, the licences granted in clause 2 shall immediately terminate and your access and use of the PT Tech shall immediately cease.
PT warrants that the PT Tech shall materially conform with the specification (as provided to the corporate entity on whose behalf you are entitled to use the PT Tech).
Other than as set out in this clause, PT hereby excludes all other representations, conditions, warranties, terms and undertakings, express or implied, statutory or otherwise.
Both of us will comply with all applicable requirements of the Data Protection Legislation. For the purposes of these ToS, Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended. You acknowledge and agree that PT is a data controller in respect of any and all data processed by PT hereunder, including in connection with any PT Data assigned to PT in accordance with clause 4 and shall process and handle such data in accordance with its privacy policy available in The Privacy and Cookies Policy below.
Nothing in these ToS shall operate to exclude either of our liability for death or personal injury, fraudulent misrepresentation or any other category which cannot be limited or excluded by law.
Except as set out in clause 8.1, PT shall not in any circumstances whatever be liable to you for any loss or damage arising under, or in connection with these ToS, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and you accept and agree that to the extent any claim exists or arises in relation to provision of the PT Tech, such claim must be brought by the corporate entity on whose behalf you are using the PT Tech in accordance with the terms of its agreement with PT.
In these ToS unless otherwise specified, reference to the words "include" and "including" shall be deemed to mean "including but not limited to".
These ToS contains the entire understanding of the parties with respect to the subject matter hereof.
These ToS (and any dispute arising out of or in connection with it) shall be governed by and construed in accordance with English law and the parties hereto agree to submit to the exclusive jurisdiction of the English courts.
If at any time you would like to contact PT about your views on this Policy or any enquiry relating to your personal information, you can do so by sending an e-mail to us at data@purpletransform.com or write to us at “Data Protection Query, Purple Transform, The Granary, Kingston House Estate, Kingston Bagpuize, Oxfordshire, England, OX13 5AX”. You also have the right to make a complaint to the ICO by contacting them at any time.
