Last Updated: August 2025
These Terms of Service ("Terms") govern the relationship between you and Data Dwell Limited, a company registered in England and Wales (Company Registration Number: 10439092) with its registered office at 10 John Street, London, United Kingdom, WC1N 2EB ("Data Dwell", "we", "us", or "our"), and your use of the Service offered by Data Dwell.
By creating an account or otherwise using Data Dwell's digital asset management platform or related services (collectively, the "Service"), you agree to be bound by these Terms. These Terms, together with our Privacy Policy (https://www.datadwell.com/policies/privacy_policy), GDPR Policy [TO BE ADDED], and where applicable, our Data Processing Agreement, constitute the entire agreement between Data Dwell and you regarding the Service and supersede any other written or oral agreements concerning the subject matter.
If you do not agree with these Terms, do not use the Service.
Data Dwell offers a comprehensive digital asset management (DAM) platform, including upload, storage, organisation, transformation, optimisation, and delivery of digital assets. The exact feature set available to you depends on whether you are a Free Tier User or Paid User.
Features may evolve, be added, or be deprecated over time. Any significant changes will be announced via email and/or on our website, with appropriate notice provided.
Subject to these Terms and, for Paid Users, your timely payment of applicable fees, Data Dwell grants you a worldwide, limited, non-exclusive, revocable, and non-transferable licence to use the Service.
You may not use the Service for any purpose not expressly permitted in these Terms.
You must register for an account by providing accurate and complete information, including your name, email address, company name (if applicable), address, and phone number (collectively, "Account Information").
You are responsible for:
Data Dwell will not be liable for any damage caused solely as a result of unauthorised use of your Account Information by third parties.
IMPORTANT NOTICE FOR FREE TIER USERS:
If you are using our Service under the free usage tier, the following additional terms apply:
5.1 Account Inactivity
We reserve the right to terminate your account and permanently delete all Content and assets within your account if there has been no login activity for a continuous period of six (6) months.
We may, but are not obligated to, provide notice before such termination. It is your responsibility to maintain regular access to your account and to export any Content you wish to retain.
5.2 Service Discontinuation
We reserve the right to discontinue, modify, or terminate the Service for Free Tier Users, in whole or in part, for any reason or no reason, with six (6) months' advance notice. Such notice will be provided via email to your registered email address and/or on our website. Upon such termination:
5.3 No Service Level Guarantees
Free Tier Users are not entitled to any service level agreements, uptime guarantees, or service credits. The Service is provided to Free Tier Users on an "as is" and "as available" basis.
5.4 Limited Support
Support for Free Tier Users is limited to self-service documentation and community forums. Priority support is available only to Paid Users.
Paid Users may choose between annual or monthly billing cycles. Monthly plans include a 10% surcharge compared to the equivalent annual plan. Annual plans are billed in advance for the full year. Monthly plans are billed monthly in arrears. All payments must be made by credit card. All invoices are payable within 30 days of the invoice date. Late payments may result in suspension of the Service. All fees are exclusive of VAT and other applicable taxes.
Refund requests may be submitted within thirty (30) days of billing by emailing billing@datadwell.com. Refunds are granted only for billing errors or duplicate charges. Approved refunds will be credited to the original payment method or applied as account credit within ten (10) business days.
For Paid Users, we guarantee 99.9% Uptime in each calendar month. If Uptime falls below this threshold, eligible Paid Users may receive a service credit equal to 10% of that month's bill.
Credits do not apply to downtime caused by:
Free Tier Users are not eligible for any service credits or uptime guarantees.
8.1 Privacy Policies
We process personal data in accordance with applicable data protection laws in all jurisdictions where we operate, including:
Our data processing activities are governed by:
By using the Service, you acknowledge that you have read and understood these policies.
8.2 Data Controller and Processor
Where we process personal data on your behalf as part of the Service, you act as the data controller and we act as the data processor. Where required by applicable law, we will enter into appropriate data processing agreements with you.
8.3 International Data Transfers
As we operate globally and you may access our Service from anywhere in the world, personal data may be transferred to and processed in countries outside of your jurisdiction. We ensure appropriate safeguards are in place for such transfers in accordance with applicable data protection laws, including standard contractual clauses where required.
8.4 Security Incidents
In case of any confirmed security incident or personal data breach impacting your Content or personal data, we will notify affected users in accordance with applicable law, including within 72 hours where required by GDPR.
Each party will maintain the strict confidentiality of the other's Confidential Information and will not use or disclose it except as necessary to provide or receive the Service. "Confidential Information" means any information identified as confidential or that a reasonable person should understand to be confidential given its nature. The obligations in this Section survive for three (3) years following termination of these Terms.
Data Dwell maintains administrative, technical, and physical safeguards designed to protect the security, integrity, and confidentiality of the Service and your Content. In case of any confirmed security incident impacting your Content, we will notify affected users within 72 hours in accordance with applicable data protection laws.
You must not use the Service to:
We reserve the right to suspend or terminate accounts that violate this policy, without refund.
12.1 Right to Suspend
We may temporarily suspend your password, account, or access to or use of the Service if:
12.2 Suspension Notice
Where practicable, we will provide advance notice of any suspension. In cases of immediate security threats or legal requirements, we may suspend access immediately and notify you as soon as reasonably possible thereafter.
12.3 Restoration After Suspension
We will use reasonable endeavours to restore the affected Service promptly after we determine, in our sole discretion, that the situation giving rise to the suspension has been resolved. During any suspension period, we will make available to you the Content as it exists on the Service platform at the date of suspension, where technically feasible and legally permitted.
12.4 Suspension Duration and Termination
If we are unable to resolve the issues giving rise to suspension within thirty (30) days after our initial notice of such suspension, we may terminate the Service and these Terms in accordance with Section 16.
12.5 Payment Obligations During Suspension
Any suspension under this Section shall not release you from your obligation to make payments under these Terms. No service credits or refunds will be provided for any period of suspension resulting from your breach of these Terms.
13.1 Your Content
You retain all rights to your Content. You grant us a limited licence to process and deliver your Content solely to provide the Service.
13.2 Our Property
All intellectual property rights in the Service (excluding your Content) remain our sole property.
13.3 Marketing Rights
You grant Data Dwell the right to use your company name, logo, and trademarks for marketing and promotional purposes, including but not limited to display on our website, in case studies, in marketing materials, and in client lists. You may revoke this permission at any time by providing written notice to marketing@datadwell.com, and we will remove such materials within thirty (30) days of receiving your notice.
14.1 Customer Indemnification
Customer shall defend, indemnify, and hold harmless Data Dwell, its affiliates, and their respective officers, directors, employees, and agents from and against all damages, losses, costs and expenses of any kind (including reasonable legal fees and costs) arising out of or related to any third-party claim concerning:
14.2 Data Dwell Indemnification
We will defend and indemnify you against any third-party claim alleging that the unmodified Service, when used in accordance with these Terms, directly infringes any patent, copyright, trademark, or trade secret. If such a claim is asserted, we may, at our sole option and expense:
Our obligations do not apply to claims resulting from:
14.3 Indemnification Procedure
The indemnified party must:
15.1 Warranties
Each party represents and warrants that it has the legal power and authority to enter into these Terms.
For Paid Users, we warrant that we will provide the Service in material conformity with the documentation and with reasonable skill and care.
15.2 Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, DATA DWELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, DATA DWELL MAKES NO WARRANTIES THAT:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR FREE TIER USERS.
15.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, DATA DWELL'S ENTIRE LIABILITY SHALL BE LIMITED AS FOLLOWS:
Remedy for Deficient Services: Data Dwell's entire liability for any breach of warranty shall be limited to the correction of the deficient Service that caused the breach, or, if Data Dwell cannot rectify the deficiency by its reasonable endeavours, Customer may cease using the deficient Service and Data Dwell will refund any fees for the terminated Service that Customer has pre-paid for the period following the effective date of termination.
Monetary Cap: In no event shall Data Dwell's total aggregate liability exceed:
Exclusions: DATA DWELL WILL NOT BE LIABLE TO CUSTOMER AND/OR ANY THIRD PARTY FOR:
These limitations apply even if Data Dwell has been advised of the possibility of such damages.
16.1 Term
These Terms commence when you first accept them or use the Service and continue until terminated in accordance with this Section. The Service shall be provided for the period specified in your subscription (if applicable) unless terminated earlier.
16.2 Automatic Renewal
For Paid Users, unless otherwise specified, subscriptions will automatically renew for subsequent periods of the same duration unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current subscription period.
16.3 Termination by You
You may terminate your account at any time by emailing support@datadwell.com. Termination is effective at the end of your then-current billing period (for Paid Users), and you remain responsible for all fees incurred up to that date.
16.4 Termination by Data Dwell
We may suspend or terminate your account immediately upon notice if:
16.5 Termination Due to Suspension
We may terminate the Service if any cause of suspension is not resolved within thirty (30) days after our initial notice of suspension.
16.6 Effect of Termination
Upon termination:
Any termination shall not release Customer from payment obligations accrued prior to termination
16.7 Survival
The following provisions survive termination:
We may update these Terms from time to time. Material changes will be notified via email and/or on our website. Continued use after modifications constitutes acceptance. If you disagree with changes, you must discontinue use of the Service.
18.1 Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales without regard to its conflict of law provisions.
18.2 Jurisdiction
The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.
18.3 Dispute Resolution for Enterprise Customers
For Paid Users with enterprise agreements, disputes may first be subject to good faith negotiations between the parties for a period of thirty (30) days. If not resolved, disputes may be resolved through arbitration under the LCIA (London Court of International Arbitration) Rules, with the seat of arbitration in London, England. The arbitration shall be conducted in English by a single arbitrator appointed in accordance with said rules.
19.1 Force Majeure
Neither party shall have any liability to the other party if it is prevented from or delayed in performing its obligations by acts, events, omissions or accidents beyond its reasonable control, including without limitation: strikes, lock-outs or other industrial disputes (whether involving the workforce of Data Dwell or any other party), failure of a utility service or transport or telecommunications network, act of God, war, terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemic, pandemic, or default of suppliers or sub-contractors. The affected party will:
19.2 Assignment
You may not assign, transfer, charge, sub-contract or deal in any other manner with any of your rights or obligations under these Terms without our prior written consent. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms without restriction.
19.3 Severability
If any provision of these Terms is found invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions will continue in full force and effect.
19.4 Waiver
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
19.5 No Partnership or Agency
Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
19.6 Rights and Remedies
Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
19.7 Entire Agreement
These Terms, together with any applicable Order forms, our Privacy Policy (https://www.datadwell.com/policies/privacy_policy), GDPR Policy [TO BE ADDED], and where applicable, our Data Processing Agreement, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.
19.8 Third Party Rights
These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
19.9 Notices
Notices to us should be sent to legal@datadwell.com or our registered office address. Notices to you will be sent to your registered email address and shall be deemed received at the time of transmission.
Data Dwell Limited
Email: support@datadwell.com
Billing enquiries: billing@datadwell.com
Legal enquiries: legal@datadwell.com
Marketing enquiries: marketing@datadwell.com
Registered Office: 10 John Street, London, WC1N 2EB
Company Registration Number: 10439092
For data protection enquiries:
Data Protection Officer: Skarpi Steinthorsson
Email: privacy@datadwell.com
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.