Terms of Service
Version 1.0 — DRAFT for review · Effective date: [EFFECTIVE DATE]
⚠ DRAFT — NOT LEGAL ADVICE. This document was prepared programmatically as a starting point. It must be reviewed and approved by a solicitor qualified in England & Wales before publication or reliance, and every [bracketed placeholder] completed.
These Terms of Service ("Terms") govern access to and use of the Pariah facial‑recognition security platform (the "Platform") provided by [Pariah Ltd], a company registered in England & Wales (company no. [COMPANY NUMBER]), registered office [REGISTERED OFFICE ADDRESS] ("Pariah", "we", "us"). By creating an account, clicking to accept, or using the Platform, the organisation you represent ("Customer", "you") agrees to these Terms.
The Platform is provided business‑to‑business only. You confirm you are acting in the course of a business and are authorised to bind the Customer.
1. Definitions
- Platform — the Pariah cloud software, dashboards, mobile applications, APIs and on‑premises NVR client software.
- Subscription — the plan (Basic, Pro, or Enterprise) you select, with the limits and fees published at checkout or set out in an Order.
- Customer Data — all data you or your Authorised Users submit to the Platform, including images, facial templates, watchlist/profile records, and incident records.
- Authorised User — an individual you permit to access the Platform under your account (with roles such as owner, security operations, admin, or frontline).
- DPA — the Data Processing Agreement at /legal/dpa, incorporated into these Terms.
- AUP — the Acceptable Use Policy at /legal/aup, incorporated into these Terms.
2. The service
2.1 We grant you a non‑exclusive, non‑transferable right to access and use the Platform during the term, for your internal business security purposes, subject to these Terms, your Subscription limits, and the AUP.
2.2 We may improve, change, or discontinue features. We will not materially reduce core functionality of a paid Subscription during a paid period without notice.
2.3 NVR client and versioning. On‑premises components communicate with versioned APIs. You are responsible for keeping NVR hardware powered, networked, and reasonably current where updates are made available.
3. Accounts, trials, and eligibility
3.1 You must provide accurate registration details. We verify company identity (including via Companies House) and may decline or suspend accounts that cannot be verified or that present abuse or compliance risk.
3.2 Free trial. Trials, where offered, require a verified email, a verified company, and a valid payment method on file before live use. Trials may be withdrawn or limited at our discretion and convert to a paid Subscription unless cancelled before the trial ends.
3.3 You are responsible for all activity under your account and for your Authorised Users' compliance with these Terms and the AUP.
4. Fees, billing, and renewal
4.1 Fees are those shown at checkout (currently Basic £50/month, Pro £500/month, Enterprise by Order), billed in advance via our payment processor (Stripe). Enterprise terms are set out in a separate Order which prevails over conflicting checkout terms.
4.2 Subscriptions renew automatically for successive periods unless cancelled before the renewal date. You may cancel from the billing dashboard; cancellation takes effect at the end of the current period.
4.3 Failed payment. If a payment fails, automatic retries run over a 14‑day grace window. The dashboard displays a notice; write operations may be blocked from day 8; access may be suspended thereafter. Following suspension, Customer Data is retained for 90 days before deletion (see clause 9 and the DPA).
4.4 Fees are exclusive of VAT and other taxes, which you will pay where applicable. Except where required by law (including statutory consumer/cancellation rights, which generally do not apply to business customers), fees are non‑refundable.
4.5 We may change fees on no less than 30 days' notice, effective from your next renewal.
5. Your responsibilities and lawful use
5.1 Facial‑recognition processing is high‑risk under UK data protection law. You agree to the AUP and warrant that, for all processing you carry out through the Platform, you: (a) are the data controller; (b) have a valid lawful basis under UK GDPR Article 6 and a condition under Article 9 for special‑category biometric data; (c) have completed a Data Protection Impact Assessment; (d) provide clear notices/signage to data subjects; and (e) comply with all applicable law, including the Data Protection Act 2018, the Equality Act 2010, and applicable ICO and surveillance‑camera guidance.
5.2 You will not use the Platform for any purpose prohibited by the AUP or by law.
5.3 You are responsible for the accuracy and lawfulness of watchlist/profile entries and for acting fairly on Platform outputs (which are probabilistic and must not be the sole basis for actions with legal or significant effects on an individual).
6. Data protection
6.1 Where we process personal data on your behalf as a processor (including facial images and biometric templates), the DPA applies and forms part of these Terms. Where we process data as a controller (e.g. account and billing data), our Privacy Policy at /legal/privacy applies.
6.2 Each party will comply with applicable data protection law in respect of its role.
7. Intellectual property
7.1 We and our licensors own all rights in the Platform. You own your Customer Data. You grant us a licence to host and process Customer Data solely to provide the Platform and as set out in the DPA.
7.2 You may not copy, reverse engineer, resell, or create derivative works of the Platform except as permitted by law.
8. Confidentiality
Each party will protect the other's confidential information with reasonable care and use it only for the purposes of these Terms.
9. Term, suspension, and termination
9.1 These Terms apply for as long as you have an account. Either party may terminate a Subscription at the end of a period as described in clause 4.
9.2 We may suspend or terminate access immediately if you materially breach these Terms or the AUP, fail to pay, or where we reasonably believe use is unlawful or poses a risk to individuals or to us.
9.3 On termination we will, in accordance with the DPA, make Customer Data available for export for a limited period and then delete it (subject to the 90‑day post‑suspension retention and any legal retention obligations).
10. Warranties and disclaimers
10.1 We provide the Platform with reasonable skill and care. Except as expressly stated, the Platform is provided "as is" and we disclaim all other warranties to the fullest extent permitted by law, including fitness for a particular purpose and uninterrupted or error‑free operation. Facial‑recognition matching is probabilistic and may produce false positives/negatives.
10.2 We do not warrant that your particular use is lawful — that is your responsibility under clause 5 and the AUP.
11. Limitation of liability
11.1 Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
11.2 Subject to 11.1, neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill, or data.
11.3 Subject to 11.1, each party's total aggregate liability arising out of these Terms in any 12‑month period is limited to the fees paid by you in that period [or £[CAP] if greater].
11.4 Indemnity. You will indemnify us against claims, losses, and regulatory penalties arising from your unlawful or non‑compliant use of the Platform, including processing biometric data without a valid lawful basis or Article 9 condition.
12. General
12.1 We may update these Terms; material changes will be notified and, where required, will take effect at your next renewal or on reasonable notice. Continued use after the effective date constitutes acceptance.
12.2 These Terms, the DPA, the AUP, the Privacy Policy, and any Order form the entire agreement. An Enterprise Order prevails over conflicting terms.
12.3 Neither party may assign without consent, except we may assign to an affiliate or successor.
12.4 No waiver, no partnership/agency, and severability apply. Notices to us: [email protected].
12.5 Governing law. These Terms are governed by the laws of England & Wales, and the courts of England & Wales have exclusive jurisdiction.
Questions about these Terms: [email protected]