Effective Date: 7th January 2025
1.1 By accessing or using the Website or Platform, you represent that you have read, understood, and agree to be bound by these Terms.
1.2 If you do not agree to these Terms, you may not access or use the Website or Platform.
2.1 Datatecnics provides a SaaS platform called "Foresight," which includes AI tools such as Ground Truth, Failure Indicator, and Leak Response, designed to provide predictive analytics for water utilities.
2.2 The Website provides information about Datatecnics and its products and services.
3.1 If you create an account on the Platform, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 You agree to notify us immediately of any unauthorized use of your account.
4.1 Background IPR
4.1.1 All intellectual property rights existing prior to the commencement of this agreement ("Background IPR"), including but not limited to the Foresight Platform, its underlying algorithms, models, software, code, trademarks, logos, and any related documentation, shall remain the sole and exclusive property of Datatecnics or its licensors.
4.1.2 Nothing in these Terms shall be construed as transferring any ownership of Background IPR to you.
4.2 Foreground IPR
4.2.1 All intellectual property rights created, conceived, or developed by Datatecnics during the term of this agreement, including but not limited to any improvements, enhancements, modifications, or derivative works of the Foresight Platform, including those developed through research and development activity leveraging customer data ("Foreground IPR"), shall be the sole and exclusive property of Datatecnics.
4.2.2 You acknowledge and agree that any use of your data for the purpose of training, developing, improving, and operating the Foresight Platform and its associated AI models, as described in Section 13.3, does not grant you any ownership or other rights in the resulting Foreground IPR.
4.3.1 You retain all rights, title, and interest in and to your original User Data and Sensor Data. However, as described in Section 13.5, you grant Datatecnics a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use your data (including anonymized and aggregated data) solely for the purpose of training, developing, improving, and operating the Foresight Platform and its associated AI models.
4.4.1 You may not copy, reproduce, distribute, modify, display, perform, publish, or create derivative works of any content on the Website or Platform (excluding your own User Data) without our prior written consent.
4.4.2 You may not reverse engineer, decompile, or disassemble the Platform or any of its components.
5.1 You agree not to use the Website or Platform for any unlawful or prohibited purpose. You agree not to:
6.1 The Website and Platform are provided "as is" without any warranties of any kind, either express or implied. Datatecnics disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or Platform will be uninterrupted or error-free.
7.1 To the fullest extent permitted by law, Datatecnics will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Website or Platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Website or Platform; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website or Platform by any third party; (e) any errors or omissions in any content; or (f) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website or Platform, 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.
7.2 Our total liability to you for any claim arising out of or relating to these Terms or the use of the Website or Platform will not exceed the amount paid by you to us in the twelve (12) months preceding the claim.
8.1 Any dispute arising out of or relating to these Terms will be resolved through the exclusive jurisdiction of the courts of England and Wales.
9.1 We may update these Terms from time to time.
9.2 We will post any changes on this page and encourage you to review it periodically.
9.3 Your continued use of the Website or Platform following the posting of any changes constitutes acceptance of those changes.
10.1 If you have any questions about these Terms, please contact us at info@datatecnics.com.
11.1 We are committed to protecting the security, confidentiality, and integrity of Personal Data and User Data (as defined in our Privacy Policy).
11.2 We maintain reasonable and appropriate administrative, physical, and technical safeguards designed to protect against unauthorized access, use, alteration, or disclosure of such data. These safeguards include, but are not limited to:
11.3 We comply with applicable data protection laws and regulations, including:
11.4 We use third-party service providers (processors) to assist us in providing the Website and Platform. Where we use such processors, we ensure that appropriate data processing agreements (DPAs) are in place, either through separate agreements or incorporation within the provider's standard terms of service, to ensure that personal data is processed in accordance with applicable data protection laws.
11.5 While we strive to protect Personal Data and User Data, no method of transmission over the Internet or electronic storage is completely secure. Therefore, we cannot guarantee absolute security. In the event of a data breach, we will comply with all applicable data breach notification laws.
12.1 Data Ingestion: Customers who purchase any pilot or commercial version of the Platform agree that Datatecnics will ingest data from their water utilities, including data generated by sensors deployed on their infrastructure ("Sensor Data"), into our cloud provider, which at the time of writing is Amazon Web Services ("AWS"). Datatecnics will ensure that appropriate data processing agreements are in place with AWS to protect the security and confidentiality of this data in accordance with applicable data protection laws.
12.2 Data Storage and Retention: Customers agree that the data they either upload directly into Foresight, supply to Datatecnics manually, or that is generated by sensors deployed on their infrastructure will be held by Datatecnics until such time that they request deletion of the data. Datatecnics will securely store this data in accordance with industry best practices and applicable data protection laws. Upon a customer's written request for data deletion, Datatecnics will delete the data within 30 days unless required to retain it for legal or regulatory purposes. Notwithstanding the foregoing, Datatecnics may retain anonymised and aggregated data indefinitely for research, development, and improvement of the Platform, even after a customer's data deletion request.
12.3 Use of Customer Data for Platform Improvement and AI Model Training: Customers agree that the data they provide, including Sensor Data, may be used by Datatecnics for the improvement and enhancement of the AI platform, Foresight, and the suite of tools therein (including Ground Truth, Failure Indicator, and Leak Response), including training and refining the underlying AI models. Datatecnics guarantees that no customer's specific data will ever be shared with other customers. Any use of customer data for platform improvement and AI model training will be anonymised and/or aggregated where appropriate to protect customer confidentiality and comply with applicable data protection laws. Datatecnics will implement appropriate safeguards to prevent re-identification of individual data subjects from anonymised or aggregated datasets.
12.4 Login Data: Any login data provided by customers (including company emails, passwords, and telephone numbers) will be used expressly for the purposes for which it is requested (e.g., account creation, login authentication, two-factor authentication). This data will never be shared with third parties, except as required by law or legal process. Upon a customer's written request for deletion of their account and associated login data, Datatecnics will delete such data within 30 days. Passwords are stored using industry-standard hashing techniques to ensure their security.
12.5 Data Ownership and License for AI Training: For the avoidance of doubt, customers retain ownership of their original User Data and Sensor Data. However, by using the Platform, customers grant Datatecnics a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use their data solely for the purpose of training (including anonymised and aggregated data), developing, improving, and operating the Foresight Platform and its associated AI models. This license survives termination of the agreement but is limited to anonymised and aggregated data after data deletion requests are processed.
12.6 Data Portability: Upon written request, we will provide you with an export of your data in a commonly used, machine-readable format such as CSV or JSON, within a reasonable timeframe.
13.1 We may terminate your access to the Platform immediately if you breach these Terms.
13.2 You may terminate your account at any time by contacting us at info@datatecnics.com.
13.3 Upon termination, you will no longer have access to your account or User Data, subject to our data retention policy as outlined in our Privacy Policy.
14.1 You retain all rights, title, and interest in and to your User Data and are solely responsible for the accuracy, quality, and legality of your User Data.
15.1 You agree to indemnify Datatecnics from any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Website or Platform, your User Data, or your breach of these Terms.
16.1 These Terms constitute the entire agreement between you and Datatecnics regarding the use of the Website and Platform and supersede all prior or contemporaneous communications and proposals, whether oral or written.
17.1 These Terms will be governed by and construed in accordance with the laws of England and Wales.
