Terms Of Use

TERMS OF USE LAST UPDATED: February 2025

1. Who we are and what this agreement does
   1. We are Everymind Solutions Ltd (Company No: 12010868) and we own and operate this website and any associated platforms, developments, software or applications of any kind that are used to deliver our services to clients together known as (the Service).
   2. Your use of the Service is subject to these Terms of Use. By using the Service, you will be deemed to have accepted and agreed to be bound by these Terms of Use.
   3. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Service. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above.
   4. Your use of the Service following changes to these Terms of Use will constitute your acceptance of those changes.
2. Your privacy
   1. We only use any personal data we collect through your use the Services in the ways set out in our privacy policy and our Terms and Conditions.
   2. We only process personal data in accordance with UK GDPR and the Data Protection Act 2018. For details of how we collect, store, and use your personal data please refer to our Privacy Policy.
   3. We implement reasonable security measures to protect personal data, however, we cannot guarantee that transmissions over the internet or electronic storage are completely secure and that any message or information you send using any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You acknowledge that we are not liable for unauthorised access, hacking or data breaches beyond our reasonable control.
3. Your use of the Service
   1. You are responsible for all access to the Service using your Internet connection, even if the access is by another person. Access by any person not within your organisation is prohibited in accordance with our Terms and Conditions.
   2. We reserve the right to restrict your access to the Service or part of it. Access to restricted areas of the Service may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
   3. We will use reasonable efforts to ensure that the Service is available at all times. However, we cannot guarantee that the Service or any individual function or feature of the Service will always be available and/or error free, secure or uninterrupted. We shall not be liable for any delays, service failures or disruptions caused by maintenance, upgrades or external factors beyond our control. In particular, the Service may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Service.
   4. Your permission to use the Service is personal to you and non-transferable, and you may not use the Service for commercial purposes. Your use of the Service is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
      1. use the Service for any fraudulent or unlawful purpose;
      2. use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
      3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service; or express or imply that we endorse any statement you make;
      4. interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures, policies or regulations of such networks;
      5. transmit or otherwise make available in connection with the Service any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
      6. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Service;
      7. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service. If you wish to reverse engineer any part of the Service to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
      8. remove any copyright, trade mark or other proprietary rights notice from the Service or materials originating from the Service;
      9. frame or mirror any part of the Service without our express prior written consent;
      10. create a database by systematically downloading and storing Service content;
      11. share with any other person or allow any other person your login details for the Service. You must tell us immediately if you think someone else might know your security details;
      12. fail to delete downloaded content, software or applications provided in accordance with the Service from any device if you change your device or if you dispose of it;
      13. use any manual or automatic device in any way to gather Service content or reproduce or circumvent the navigational structure or presentation of the Service without our express prior written consent.Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
   5. The Service may provide links to other websites and online resources. We are not responsible for and do not endorse such external Services or resources. Your use of third party websites and resources is at your own risk.
   6. We may block any links to or from the Service without notice and without any liability to you or any users.
   7. Your registered email address, your selected password and company ID are your credentials for accessing the Service.
4. Intellectual Property Rights
   1. The intellectual property rights in the Service and all of the text, pictures, videos and other content made available on it are owned by us and our licensors.
   2. All the trade names, trademarks, service marks and logos displayed on the Service are the exclusive property of Everymind Solutions Ltd. You may not use, reproduce or distribute any trademarks or branding materials and/or print or otherwise make copies of any such content without our express prior permission.
   3. You retain ownership of any content you upload or submit to the Service. However by submitting content, you grant us a royalty free, perpetual, irrevocable, and non-exclusive licence to use, modify and distribute that content for the purposes of operating and improving the Service. You must not upload content that infringes third party rights or contains illegal or offensive material.
5. Limitation of Liability
   1. We provide the Service on an ‘as is’ and ‘as available’ basis make no representations or warranties, express or implied as to the quality, completeness or accuracy of any content made available on the Service or in relation to:
      1. To the fullest extent permitted by law, we disclaim all implied warranties including those related to fitness for a particular purpose, merchantability or non-infringement
      2. For business users, liability for loss of business, loss of revenue, loss of profit, loss of anticipated savings, loss of goodwill, loss of data or business interruption, whether direct or indirect. For consumer users, statutory rights under the Consumer Rights Act 2015 remain unaffected.
      3. Liability for any failure or delay in performance caused by circumstances beyond our reasonable control
   2. To the maximum extent permitted by law, we expressly exclude:
      1. all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
      2. any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Service.The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (Service owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents, fraud or fraudulent misrepresentation, gross negligence or wilfull misconduct or any other liability which may not be excluded or limited under applicable law.
6. We may end your rights to use the Services if you break these terms
   1. These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Service. If we terminate your access to the Service you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Service.
   2. We may terminate your access to the service at any time, without prior notice if we believe you have violated these Terms of Use.
   3. No refunds or compensation shall be provided for any termination of access to the Service under this Clause. All payments made prior to termination are non refundable.
   4. If you choose to stop using the Service, you may do so at any time, No refunds will be issued for any unused portion of a subscription, service or membership.
   5. If we end your rights to use the Services:
      1. You must stop all activities authorised by these terms, including your use of any Services.
      2. You must delete downloaded content, software or applications provided in accordance with the Service from any device if you change your device or if you dispose of it; and immediately destroy all copies which you have and confirm to us that you have done this.
      3. We may remotely access your devices and remove any aspects of the Services from them and cease providing you with access to the Services.
7. Jurisdiction
   1. These Terms of Use will be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.
   2. If a dispute arises between you and us, we encourage you to contact our customer service team first. If the dispute cannot be resolved informally, we may agree to the use of Alternative Dispute Resolution (ADR) before taking legal action.