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Terms and Conditions

We’re committed to explaining our Terms and Conditions of using Datawok without any jargon. That’s why we’ve written a summary in simple English below. But, to keep our lawyers happy, there’s also a full version of it underneath, too.

If you have any questions, you can get in touch at info@datawok.app.

Summary

  • You can see how we handle your Data on the Website and in the App in our Privacy Policy
  • You can see how we use Cookies on the Website and in the App in our Cookie Policy
  • Datawok accepts no legal liability of the analysis, results and/or recommendations on the back of the data you upload - the data is legally yours and any permissions you need so as to upload the data or analyse them is your legal responsibility, too.

1. Terms and Conditions

Okay, so for all you legals experts out there, here’s a fuller version of our Terms and Conditions.



Last Updated February 2020

Please read these terms of use carefully before using our website and/or our app. Using the website and/or our app indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the website or the app.



You acknowledge and agree that the website’s and/or the app’s content is provided solely for your information. The content does not provide you with any advice or recommendation of any kind.

2. Interpretation

The following definitions and rules of interpretation apply in these Terms of Use.

2.1 Definitions

Datawok, we, our or us” means Datawok Ltd, a company incorporated in England and Wales (Company number 12124713) and whose registered address is 67 Cressy Houses, London, E1 3JF;

"User, you or your" means any person and/or business who uses the Website and/or App, including those who contact our info email; and

"Website" means Datawok’s website located a www.datawok.app

App” means the Datawok business intelligence and data analysis app and related, applications, services and mobile applications provided by Datawok.

Content” means any marketing/publicity materials on the website and/or any analysis, results, reports, visualisations, recommendations in the App whether they be quantitative or qualitative in nature.

2.2 Clause headings shall not affect the interpretation of
these Terms of Use.

2.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

2.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

2.6 A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.

2.7 Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.

2.8 Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.

2.9 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.10 A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.

3. Acceptance of the terms

3.1 These Terms of Use is a legal agreement between you and us for the use of our Website and App as a User. Use of the Website includes accessing, browsing, or registering to use our App Use of the App includes uploading business data, processing them and analysing forecasts.

3.2 When using the Website and App, you must also comply with the following terms:

  • Privacy Policy - which sets out the terms on which we process any data we collect from you, or that you provide to us. By using the Website and App, you consent to such processing and you warrant that all data provided by you is accurate, current and complete in all respects; and
  • Cookie Policy - which sets out information about the cookies on the Website and the App

3.3 By using and/or registering to use the Website and App, you must read and agree with all of the terms and conditions contained in these Terms of Use. You agree that any use by you of the Website shall constitute your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please refrain from using the Website and App. We recommend that you store or print-off a copy of these Terms of Use for your records.

4. Website and App Services

4.1 Datawok allows you to access two services: the Website and the App. The Website allows you to sign up to using the App; the App allows you to upload your business data, clean them, process it and analyse them so as to receive forecasts and analysis.

4.2 In consideration of you agreeing to abide by these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, licence to access the Website; In consideration of you agreeing to abide by these Terms of Use and the Pricing and Subscription Policy, we hereby grant to you a non-exclusive, non-transferable, licence to access the App.

4.3 Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice (see below). To access the App you must register as a user to the app and agree to the Pricing and Subscription Policy. We will not be liable if for any reason the Website and/or App is unavailable at any time or for any period.

4.4 From time to time, we may restrict access to all or some parts of the Website and/or the App to Users who have registered with us.

4.5 You are responsible for making all arrangements necessary for you to have access to the Website and App. You are also responsible for ensuring that all persons who access the Website and App through your internet connection are aware of these Terms of Use and that they comply with them.

4.6 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is hosted or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial- of service attack.

4.7 You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is hosted or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial- of service attack.

4.8 If you breach clauses 4.6 and/or 4.7, you will be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Website and/or App.

4.9 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website and or App or to your downloading of any Content from the App, or on any website linked to it.

5. Data Analysis Services

5.1 The content on our App should not be considered advisory in any nature. The Content provided in the App is obtained from data you provide; Datawok therefore accepts no responsibility for any subsequent decisions taken from recommendations and/or analysis as presented in the App’s content.

5.2 Datawok assumed that when using the app, users will:

  • ensure that any Information and/or Data provided to us is accurate, complete and truthful;
  • use reasonable efforts to update the Information/Data in the App.

5.3 Notwithstanding the foregoing, Datawok makes no representations, warranties or guarantees, whether express or implied, that the Content on our Website and/or App is accurate, complete or up-to-date. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content. Furthermore, we do not in any way endorse or recommend any procedures, opinions or other information or Content listed or accessible through the Website and/or App.

5.4 You are ultimately responsible for using the Datawok Website and/or App. The Content on the Website and/or in the App is provided solely for your information and you use the Website and/or App at your own risk. The Content does not provide you with any advice or recommendation of any kind and must never be used as a substitute for, nor does it replace, professional advice from an accredited services provider.

6. Complaints

6.1 Our complaints policy and procedure can be found here.

7. Changes to these terms and conditions

7.1 We may update the Website and App from time to time, and may change the Content at any time. However, please note that any of the Content on the Website and App may be out of date at any given time, and we are under no obligation to update it.

7.2 We do not guarantee that neither the Website nor App, or any Content on them, will be free from errors or omissions.

7.3 We cannot guarantee continuous access to the Website and App. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website and/or App at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website or App, or close it indefinitely.

7.4 We may revise these Terms of Use at any time. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If you do not agree to such changes, you should not use the Website or App. Your continued use of the Website and App after the date the modified terms are posted will constitute your acceptance of the modified terms.

8. Your account and password

8.1 If you use the App and create a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use and/or Pricing and Subscription Policy. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at tesh@datawok.app.

8.3 You are not permitted to share your account and password with another person so as to avoid subscription fees as defined in our. If you discover you have contravened the policy and/or shared your account and password with another person, we reserve the right to disable your account within 24 hours.

9. Intellectual Property Rights

9.1 We are the owner or the licensee of all intellectual property rights in our Website, App, Content and in the material published on it. Those works are protected by copyright laws and other laws and treaties around the world. All such rights are reserved.

9.2 If you print off, copy or download any part of our Website or App in breach of these Terms of Use, your right to use our Website or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. Limitation of our liability

10.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website, App or any Content on it, whether express or implied.

10.3 We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Website; or
  • use of, or inability to use, our App; or
  • use of or reliance on any Content displayed on our Website.

10.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website, or App or to your downloading of any Content on it, or on any website linked to it.

10.5 We assume no responsibility for the content of websites linked on our Website or App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10.6 Our maximum aggregate liability under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100.

11. Termination and Suspension

11.1 Either party may terminate these Terms of Use immediately and without notice to the other party. You may terminate these Terms of Use by deleting your account in the App and refraining to use the Website.

11.2 Datawok reserves the right to suspend and or terminate a User’s account or access to the Services immediately in the event a User breaches these Terms of Use (please see our Acceptable Use Policy for further details).

11.3 Upon termination for any reason:

  • all rights granted to you under these Terms of Use shall cease;
  • you must cease all activities authorised by these Terms of Use;
  • and you must immediately delete your account and cease using the Website and certify to us that you have done so.

12. Transfer of rights and obligations

12.1 These Terms of Use are binding on you and us and on our respective successors and assignees.

12.2 You may not transfer, assign, charge or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under it, without our prior written consent.

12.3 We may assign, charge, novate or otherwise dispose of these Terms of Use without your prior written consent.

13. Linking to our Website

13.1 You may link to our home page, provided you do so in a
way that is fair and legal and does not damage our reputation
or take advantage of it.

13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.3 You must not establish a link to our Website in any website that is not owned by you.

13.4 Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.

13.5 We reserve the right to withdraw linking permission
without notice.

13.6 If you wish to make any use of Content on our Website other than that set out above, please contact tesh@datawok.app.

14. Third party links and Resources in our website or app

14.1 Where our Website or App contains links to other sites and resources provided by third parties, these links are provided for your information only.

14.2 We have no control over the contents of those sites or resources and acceptance no liability for them.

15. General terms

15.1 Communications. We are required to provide certain information to you in writing. By accepting Terms of Use, you agree that we can communicate with you electronically either by email or by posting notices on the Website and/or in the App.

15.2 Severance. If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable, it shall be severed and deleted. The remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.

15.3 Waiver. If we fail to insist upon strict performance of any of these Terms of Use, or if we fail to exercise any of the right or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us of a breach of obligation arising under these Terms of Use shall constitute a waiver of any other breach.

15.4 Third Party Rights. A party who is not a party to these Terms of Use shall have no rights under the Contract (Rights of Third Parties) Act 1999 or otherwise as a third party to enforce any terms of these Terms of Use save for any parent, subsidiary, or affiliate entity within our group company.

15.5 Entire Agreement. These Terms of Use and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.

15.6 Law and Jurisdiction. Subject These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15.7 Any dispute or claim arising out of or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Contact Us

Please contact us at the following email address with any questions
and/or complaints about our service to you tesh@datawok.app

Datawok Limited registered offices are:
Datawok Limited
67 Cressy Houses
Hannibal Road
E1 3JF

Subscription and Pricing Policy

This is a summary of our pricing and subscription policy.

To keep our lawyers happy, a longer version of this policy is contained in the Terms and Conditions when you sign up to the app which you can also see here.

1. How much does Datawok cost?

Datawok uses a subscription plan of £50 per user, per month. That’s it. When you sign up to the app, you’ll be asked to enter your card details on Stripe. We use Stripe to manage billing and subscriptions.

2. Can I pay in another currency?

At the moment, no, sorry. But we’re working on it and will keep you updated as soon as we can bill in other currencies. For now, you’ll have to either pay a currency transaction fee on the card you add in Stripe. Or, you could use a currency card. If you want help with finding one, contact our Cofounder on tesh@datawok.app.

3. Can I have a free trial?

Datawok has a referral programme.

4. What is the difference between an account and a user?

An account on Datawok is a business. An account may have many users who use Datawok daily.

5. Do I have to add a credit card per user?

No. When you sign up to Datawok, you’ll create an account. In the account you’ll select the number of users you want. We’ll then bill your account on a per user basis.

6. Can I share log-in details on a per-user basis?

No. Datawok tracks usage so that we can improve the app and ensuse that it’s secure. If we notice that log-in details are being shared, we reserve the right to cancel your account within 24 hours notice.

7. When am I billed?

On a monthly basis from the day you set up your account.

8.  Will I receive receipts of payments?

Yes. Stripe will automatically send you emails of upcoming charges and receipts of cash that has left your card.

9. Does Datawok have access to my card details?

No. We use Stripe for billing and charging your card. When we use Stripe, all we see are names of Datawok account holders and whether payment requests on the card were successful or unsuccessful.

10. What happens if a payment was unsuccessful?

Since we manage billing by charging your card, sometimes payments are unsuccessful if the card details have expired or there are insufficient funds on the card. If this happens, there is a grace period where you can update your card details. Once updated, you’ll be charged as soon as possible.

11. What happens if I don’t update my card details on time?

If you don’t update your card details before the end of the grace period after an unsuccessful payment, one of our customer support team will contact the account holder to check if you still want to use Datawok. If however, we don’t hear from you, we reserve the right to cancel your account and subscription.

12. How can I cancel my account?

You can cancel your account in the app automatically and you’ll no longer be billed, either. You’ll just pay any remaining pro-rata rate depending on when you cancelled.

We’ll delete your account details from our records during the next data monitoring and update cycle (around every 3 months). But, we’d recommend emailing our Cofounder directly if you want your data to be deleted sooner. His email is tesh@datawok.app.

13. Can I get a refund?

You can cancel your account any time in the app. If you are
unhappy with the app and want a refund, contact our Cofounder
directly on tesh@datawok.app.

14. Will Datawok ever change prices?

We believe in value-based pricing. We charge users based on the functionality the app delivers. We’ll never raise your prices for the same functionality you originally subscribed to.

15. How can I talk about pricing or query it?

Contact our Cofounder directly on tesh@datawok.app.

Datawok Complaints Policy

We’re dedicating in providing all our users with a service about which you’ll never have to complain but we know that mistakes and misunderstandings happen. If you have a complaint about any aspect of Datawok, please:

  • Email our Cofounder directly on tesh@datawok.app
  • Write “COMPLAINT_DW” in the subject header

Our Cofounder will endeavour to get back to you within 10 working days of when you send the complaint. If, in the very, very unlikely event you don’t hear from Tesh in time, please email info@datawok.app and write “ESCALATE_COMPLAINT_DW” in the subject header.

If we’re not able to resolve your complaint over email and/or a phone call, we will write a formal, written response to your query.

We log all complaints and, as such, we may store some information on you and your complaint on file for a maximum of 3 years. See how we handle your data in our Privacy Policy.