Terms of Service for MyKeyInfo®
In these Terms of Service, the following definitions apply:
- "Account Holder" means an individual who has a MyKeyInfo® Account with MYKEYINFO LIMITED;
- "Confidential Information" means any commercial, financial, or technical information, plans, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to the MyKeyInfo® Account, or The Service;
- "Documentation" means the description of The Service or the MyKeyInfo® Account; and the relevant instructions as to how to use The Service, or the MyKeyInfo® Account;
- "Intellectual Property Rights" means copyright, patents, know-how, trade secrets, trade-marks, trade names, design rights, rights in get-up, rights in goodwill, rights in Confidential Information, rights to sue for passing off, domain names and all similar rights and, in each case: whether registered or not including any applications to protect or register such rights, including all renewals and extensions of such rights or applications, whether vested, contingent or future to which the relevant party is or may be entitled, and in whichever part of the world existing;
- "Permitted Purpose" means the use solely for your or the Account Holder's personal administration in accordance with the performance of your or the Account Holder's obligations and exercise of your or the Account Holder's rights under these Terms of Service. Permitted Purpose expressly excludes any of the following to the maximum extent permitted by law: copying, reproducing, publishing, distributing, redistributing, broadcasting, transmitting, modifying, adapting, editing, abstracting, storing, archiving, displaying publicly or to third parties, selling, licensing, leasing, renting, assigning, transferring, disclosing (in each case whether or not for charge) or in any way commercially exploiting any part of the MyKeyInfo® Account or The Service; permitting any use of the MyKeyInfo® Account or the Service in any manner by any third party (including permitting use in connection with any timesharing or service bureau, outsourced or similar service to third parties or making any of the MyKeyInfo® Account, or The Service (or any part) available to any third party or allowing or permitting a third party to do any of the foregoing (other than for the Permitted Purpose)); combining, merging or otherwise permitting any MyKeyInfo® Account, or The Service (or any part of it or any application) to become incorporated in any other program or service, or arranging or creating derivative works based on it (in whole or in part); or attempting to reverse engineer, observe, study or test the functioning of or decompile the Applications or the MyKeyInfo® Account, The Service, (or any part), except as expressly permitted under these Terms of Service;
- "Materials" means all services, data, information, Intellectual Property Rights, websites, software, and other materials provided by us in connection with the MyKeyInfo® software;
- "MyKeyInfo® Account" means a current subscription to The Service;
- "The Service" means our MyKeyInfo® Ltd software which is accessed and used via our password protected websites and any Documentation and Materials;
- "Us" "we" and "our" refers to MyKeyInfo Limited, a company registered in Scotland with registered number SC683283 and having its office at "MyKeyInfo Limited, The Bayes Centre, 47 Potterrow, Edinburgh EH8 9BT";
- "You" means you, the person who accesses and uses this website and/or The Service; as the Account Holder and
- "Your Data" means any data entered or uploaded by you while using The Service; this includes files you upload into your MyKeyInfo® Account.
Terms of service: MyKeyInfo® Application
The Terms of Service constitutes a contract between "you" (the Customer) and "us" (MYKEYINFO LIMITED). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. If you do not agree to these Terms of Service, you do not have the right to access or use the MyKeyInfo® application. If you do register for or otherwise use the MyKeyInfo® application, you shall be deemed to confirm your acceptance of the Terms of Service and your agreement to be a party to this binding contract. We periodically update these terms. If you have an active MyKeyInfo® subscription, we will let you know when we do via an in-app notification.
Creating and accessing a MyKeyInfo® Account
You can create an account by providing us with an email address and creating a password. We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You can access your account through a web browser; your account should not be shared.
As an Account Holder and you are authorised by it to use The Service, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.
Conditions: The above licence is strictly subject to compliance with these Terms of Service by you (and by the Account Holder whose MyKeyInfo® Account you are accessing and by all other users of that MyKeyInfo® Account.)
- only access an Account Holder's MyKeyInfo® Account by using an authorised password and username;
- only use The Service for the Permitted Purpose; and
You must not:
- do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service or our website generally or which is likely to interfere with any other party's use or enjoyment of The Service;
- question or dispute our ownership of the Intellectual Property Rights in The Service;
Paying for the service
The Service is currently free to use in its entirety and there is no subscription fee amount. Whilst MYKEYINFO LIMITED reserves the right to introduce chargeable features and/or usage/volume based chargeable tiers in the future, certain aspects of the Service will be free forever. No charges will be levied without notification of changes to these Terms and Conditions, and without explicit consent by the Account Holder. If the Account Holder gives consent to a subscription package in the future, the change in the subscription payment amount will take effect at the next billing cycle.
- For the purposes of these Terms of Service, the terms "Controller”, “Personal Data”, “Processor”, "Personal Data Breach", "Supervisory Authority", "process", "processing", "processed" and “Data Subject” shall have the meanings given under Data Privacy Laws. "Data Privacy Laws" means all laws that relate to data protection, privacy, the use of information relating to individuals, and/or the information rights of individuals and all laws implementing them, in each case as may be replaced, extended or amended, including, without limitation, the UK General Data Protection Regulation) (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- Both we and you / the Account Holder acknowledge that you / the Account Holder shall be the Controller and we shall be the Processor, processing Personal Data on your or the Account Holder's behalf.
- In respect of any processing of Personal Data that we undertake for and on behalf of you / the Account Holder in accordance with this Agreement, we shall: only be entitled to Process Personal Data for the duration of the period when the MyKeyInfo® Account is open unless otherwise expressly provided, in which case the Processing shall only last as long as is necessary under (and fully in compliance with) the Data Privacy Laws and only to the extent necessary for the provision of The Service / the MyKeyInfo® Account to you / the Account Holder (the "Purpose"). The subject-matter of the Processing of the Personal Data is set out in these Terms of Service (the "Subject-Matter") and the nature and purpose of the Processing is the Purpose. The Data Subjects whose Personal Data we are entitled to Process are those Data Subjects as necessary for the provision of The Service / the MyKeyInfo® Account (the "Categories of Data Subjects"), and the types o f Personal Data which we may Process are those types of Personal Data as necessary for the provision of The Service / The MyKeyInfo® Account (the "Type of Personal Data");
- taking into account the nature of the processing, implement appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
- not otherwise modify, amend, remove, or alter the contents of the Personal Data or disclose or permit the disclosure of any of the Personal Data to any third party without the prior written authorisation of you / the Account Holder except where required by applicable law or under a valid and binding court order;
- keep the Personal Data separate from any data we process on behalf of any other third party (including but not limited to business continuity measures and processes for regularly testing, assessing, and evaluating the effectiveness of such security measures);
- reasonably assist you / the Account Holder in your compliance with your obligations under Data Privacy Laws in respect of security of processing, carrying out data protection impact assessments (as defined in Data Privacy Laws), remedial action to be taken in response to a Personal Data Breach (including notifying Personal Data Breaches to the Supervisory Authority and affected Data Subjects) and consulting with the Supervisory Authority regarding high risk Processing, in each case insofar as we are able taking into account the nature of the processing and the information available to us provided that our reasonable costs in providing such services are reimbursed;
only appoint the following sub-processors, which you expressly authorise the appointment of on the basis
that we will ensure an agreement is entered into with the relevant sub-processor which includes
substantially the same terms set out in these Terms of Service in relation to our processing obligations,
under explanation that the following list may change from time to time, in which case we will notify you
by email and give you the opportunity to object to the inclusion of a new sub-processor within a period of
30 days from the date we notify you (if we are unable to accommodate your objection you shall have the
right to close your MyKeyInfo® Account with immediate effect):
Processor name Sub processing activity Hosting location Compliance assurance Microsoft Azure Application hosting, infrastructure, cognitive services (OCR) United Kingdom Secure; adequate IBM Watson Cognitive services (AI/ML) United Kingdom Secure; adequate
- not transfer Personal Data to a country or territory outside the United Kingdom and European Economic Area (EEA), except with your / the Account Holder's prior written consent;
- notify you / the Account Holder without undue delay when we receive any: (i) request from a Data Subject to access that Data Subject’s Personal Data; (ii) complaint or request relating to the Data Privacy Laws and / or (iii) correspondence from a Supervisory Authority;
- notify you / the Account Holder without undue delay in the event we become aware of any Personal Data Breach, breach of the Data Privacy Laws, or the data protection provisions of these Terms of Service;
- unless otherwise required by Data Privacy Laws, we shall return or delete, at your / the Account Holder, all Personal Data upon the termination of the processing activities carried out under these Terms of Service, and promptly provide you / the Account Holder with confirmation in writing that we have done so; and
- permit at your cost on a time and materials basis, on an annual basis, reasonable access by you / the Account Holder to all records, files, tapes, computer systems, or any other information howsoever held by us in respect of our activities pursuant to these Terms of Service for the purposes of reviewing compliance with these Terms of Service and / or the Data Privacy Laws – such access to be granted only following the expiry of a period of notice which is no shorter than 30 days.
Rights in your data: as the Account Holder, you have sole responsibility for the accuracy and reliability of your Data. You retain ownership of any copyright, trademarks, database rights and any other Intellectual Property Rights relating to the Data you input or add to your MyKeyInfo® account. Intellectual Property Rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide The Service.
Rights in our software and our website: All Intellectual Property Rights in The Service (including any such rights in our website) are either owned by or licensed to us in perpetuity and nothing in these Terms of Service shall transfer any ownership rights to you.
Closing Your MyKeyInfo® Account
Cancellation by you: You can close the Account Holder's MyKeyInfo® Account at any time from the Settings page inside The Service. This removes the Account and all associated data withing 24 hours.
Suspension and closure by us: If you (or any other user of the Account Holder's MyKeyInfo® Account) fails to abide by these Terms of Service, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder's MyKeyInfo® Account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any MyKeyInfo® Account for any reason, by giving one month's notice.
Important: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free, or available, especially since we are dependent on the reliability of the Internet and your use of your own devices to access The Service. We will try to keep disruptions to a minimum, but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use.
Exclusion of our liability: You use The Service entirely at your own risk. We exclude our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility.)
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed £50.
General legal matters
Confidentiality: You shall keep confidential all our Confidential Information and shall only use the same as required in accordance with your use of The Service, and the Account Holder's MyKeyInfo® Account. This shall not apply to:
- any information which was in the public domain at the date of your / the Account Holder's application for the MyKeyInfo® Account;
- any information which comes into the public domain subsequently other than as a consequence of any breach of these Terms of Service or any related agreement;
- any information which is independently developed by you as the Account Holder without using information supplied by us; or any disclosure required by law or a regulatory authority or as otherwise by the provisions of these Terms of Service.
Entire agreement: These Terms of Service and our Privacy promise describe the entire agreement between you, the Account Holder and us regarding The Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.
Changes to this contract: We reserve the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted here on our website and will be effective from the date advertised therein. Therefore, you should regularly review this page to check for changes to these Terms of Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. You may not transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of these Terms turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to The Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.
(document version 0.1 - 2021-11-26)