Terms of Service

Last updated: 26 October 2023

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the processmining.life website (the "Service") operated by Process Mining Life Ltd. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

1. Definitions

1.1. "Service" means the website processmining.life and all associated content, tools, features, and functionality offered by Process Mining Life Ltd.

1.2. "User", "you", "your" means the individual or legal entity accessing or using the Service.

1.3. "Content" means all text, graphics, images, data, information, software, and other materials available on or through the Service.

1.4. "UK GDPR" means the UK General Data Protection Regulation as retained in UK law under the European Union (Withdrawal) Act 2018, as amended.

2. Eligibility and Account Registration

2.1. By using the Service, you represent and warrant that you are at least 18 years of age or, if you are under 18, you have obtained parental or legal guardian consent to use the Service in accordance with these Terms. If you are under 13 years of age, you may not use the Service under any circumstances.

2.2. Some features of the Service may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to keep such information up to date.

2.3. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You accept full responsibility for all activities that occur under your account.

2.4. You must notify us immediately of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this obligation.

2.5. We reserve the right to suspend or terminate any account at our sole discretion, without prior notice, if we reasonably believe that the account is being used in violation of these Terms or applicable law.

3. Use of the Service

3.1. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

3.2. You agree not to:

(a) Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law, including but not limited to UK data protection laws;

(b) Attempt to interfere with, hack, or disrupt the Service, its servers, or networks;

(c) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used by the Service;

(d) Scrape, crawl, or otherwise systematically extract data from the Service without our prior written consent;

(e) Use the Service to send unsolicited messages, spam, or phishing communications;

(f) Upload or transmit any viruses, malware, or other malicious code;

(g) Impersonate any person or entity, or misrepresent your affiliation with any person or entity;

(h) Use the Service in any manner that could damage, disable, overburden, or impair the Service.

3.3. We reserve the right to monitor your use of the Service for compliance with these Terms and applicable law. We may suspend or restrict access to the Service if we suspect any violation.

4. Intellectual Property Rights

4.1. The Service and all Content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of Process Mining Life Ltd. or its licensors and are protected by UK and international copyright, trademark, and other intellectual property laws.

4.2. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the Content except as expressly permitted by these Terms.

4.3. The "processmining.life" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Process Mining Life Ltd. or its affiliates. You may not use such marks without our prior written permission.

4.4. If you submit any feedback, suggestions, or ideas to us regarding the Service (collectively, "Feedback"), you assign to us all rights in such Feedback. We shall be free to use and exploit such Feedback without any compensation or obligation to you.

5. User-Generated Content

5.1. If you submit, upload, or otherwise make available any content through the Service ("User Content"), you represent and warrant that you own all necessary rights to such User Content and that the User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.

5.2. You retain all ownership rights in your User Content. However, by submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, and distribute such User Content solely for the purpose of providing the Service to you and other users.

5.3. You agree not to submit User Content that:

(a) Is defamatory, harassing, obscene, or otherwise objectionable;

(b) Contains personal data of third parties without their explicit consent;

(d) Promotes illegal activities or violence;

(e) Violates any applicable law or regulation.

5.4. We reserve the right, but have no obligation, to monitor, review, or remove any User Content at our sole discretion and without prior notice.

6. Data Protection and Privacy (UK GDPR Compliance)

6.1. We are committed to protecting your personal data in accordance with the UK GDPR and the Data Protection Act 2018. Our collection and processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

6.2. We act as a data controller in respect of personal data you provide to us when you register, subscribe, or use the Service. We will only process your personal data for the purposes set out in our Privacy Policy, which include:

(a) To provide, maintain, and improve the Service;

(b) To communicate with you about your account and our services;

(d) To detect, prevent, and address fraud, security, or technical issues.

6.3. We will only retain your personal data for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law.

6.4. You have the following rights under UK GDPR:

(a) The right to be informed about how your personal data is processed;

(b) The right to access your personal data held by us;

(d) The right to erasure ("right to be forgotten") in certain circumstances;

(e) The right to restrict processing in certain circumstances;

(f) The right to data portability;

(g) The right to object to processing based on legitimate interests or for direct marketing;

(h) Rights relating to automated decision-making and profiling.

6.5. To exercise any of these rights, please contact our Data Protection Officer at dpo@processmining.life. We will respond to your request within one month, as required by UK GDPR.

6.6. If you are dissatisfied with our response, you have the right to lodge a complaint with the Information Commissioner's Office (ICO), the UK supervisory authority for data protection.

6.7. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption, access controls, and regular security audits.

6.8. In the event of a personal data breach, we will notify the ICO within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a risk to individuals' rights and freedoms. We will also notify affected data subjects without undue delay if the breach poses a high risk.

6.9. We do not transfer your personal data outside the UK without ensuring adequate safeguards are in place, such as Standard Contractual Clauses or an adequacy decision by the UK Government.

7. Third-Party Links and Services

7.1. The Service may contain links to third-party websites or services that are not owned or controlled by Process Mining Life Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

7.2. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

7.3. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

8. Payment and Subscriptions

8.1. Certain features of the Service may require payment of fees. All fees are non-refundable except as expressly set out in these Terms or as required by applicable law.

8.2. If you purchase a subscription, you agree to pay the subscription fees in advance on a recurring basis (e.g., monthly or annually) until you cancel your subscription. We will automatically charge your chosen payment method on each renewal date.

8.3. You may cancel your subscription at any time by contacting us or through your account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial subscription periods.

8.4. We reserve the right to change our fees at any time. We will provide you with at least 30 days' notice of any fee changes. Continued use of the Service after the fee change takes effect constitutes your acceptance of the new fees.

8.5. All fees are exclusive of applicable taxes, which you are responsible for paying.

9. Disclaimer of Warranties

9.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

9.3. WE DO NOT WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9.5. YOU USE THE SERVICE AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF PROFITS.

10. Limitation of Liability

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROCESS MINING LIFE LTD., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

10.2. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) £100.

10.3. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

11. Indemnification

11.1. You agree to defend, indemnify, and hold harmless Process Mining Life Ltd., its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to reasonable legal fees) arising from:

(a) Your use of and access to the Service;

(b) Your violation of any term of these Terms;

(d) Any claim that your User Content caused damage to a third party;

(e) Your violation of any applicable law or regulation.

11.2. This indemnification obligation will survive the termination of these Terms and your use of the Service.

12. Termination

12.1. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.

12.2. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.3. Upon termination, your right to use the Service will immediately cease. You remain liable for all obligations incurred prior to termination.

13. Governing Law and Dispute Resolution

13.1. These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

13.2. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved within 30 days, it shall be referred to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.

13.3. If mediation fails, the dispute shall be finally settled by the courts of England and Wales. You agree to submit to the personal jurisdiction of the courts located in London, England for the purpose of litigating all such claims.

13.4. Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.

14. Changes to These Terms

14.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.

14.2. What constitutes a material change will be determined at our sole discretion. Changes may include, but are not limited to, updates to reflect changes in UK GDPR, data protection laws, or our business practices.

14.3. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

15. Entire Agreement

15.1. These Terms, together with our Privacy Policy, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and Process Mining Life Ltd. regarding the Service and supersede all prior agreements and understandings, whether written or oral.

15.2. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

15.3. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16. Contact Information

16.1. If you have any questions about these Terms, please contact us at:

Process Mining Life Ltd.
Registered Office: 123 Finsbury Square, London, EC2A 1AH, United Kingdom
Email: legal@processmining.life
Phone: +44 (0) 20 7123 4567
Company Registration Number: 12345678
VAT Number: GB 123 4567 89

16.2. For data protection inquiries, please contact our Data Protection Officer at dpo@processmining.life.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service were last updated on 26 October 2023 and are effective as of that date.