Terms of Service
Effective date: 13 October 2026
These Terms of Service explain the rules for accessing and using Faultwise Online and the Faultwise Desktop demo, which are provided by DEFORM GEOSCIENCE LTD. We refer to them below as Faultwise and to these Terms of Service as the Terms.
We have written the Terms to be clear and practical. If you have any questions, you can contact us at support@faultwise.app.
Please read the Terms before creating an Online account or accepting a Desktop demo. By creating an Online account or accepting these Terms for a Desktop demo, you agree to them. If you use Faultwise on behalf of an organisation, you confirm that you have authority to accept the Terms for that organisation.
If you do not agree to the Terms, please do not create an Online account or activate or use the Desktop demo.
1. Who we are
DEFORM GEOSCIENCE LTD provides Faultwise.
In the Terms, “we”, “us” or “our” means DEFORM GEOSCIENCE LTD.
Company number: 16188177
Registered office: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
2. What the Terms cover
The Terms apply to:
- the Faultwise website and Faultwise Online, our web application, including accounts, Online access types, file uploads and optional AI-assisted features;
- the Faultwise Desktop demo, our installed application for evaluation, including local file processing and licence checks;
- calculations, visualisations, exports and other Outputs;
- demo datasets and related materials; and
- access requests, support and related communications.
The Terms apply only to Faultwise. They do not apply to the separate Deform product.
Sections 5–11 and 16 apply only to Faultwise Online. Section 11A governs the Faultwise Desktop demo. The other sections apply to both products where relevant, with any product-specific provisions identified in the text.
An Online account or access type does not by itself grant a Desktop licence, and a Desktop demo licence does not grant access to an Online account. References to Preview Access, Trial, Extended Trial, Academic Access and Full Access in the Online sections are Online access types.
Our Privacy Policy explains how we collect, use, store, share and protect personal data. It is separate from the Terms.
3. Other agreements
Online Full Access is available only under a separate Software Licence Agreement between the customer and us. This applies even if Online Full Access is provided free of charge.
The Desktop demo is provided under these Terms and the licence period we confirm when issuing it. It does not require a separately signed individual Software Licence Agreement. Commercial Desktop use requires separately agreed licence terms; these demo Terms do not grant that right.
The Software Licence Agreement may be supplemented by an order form, quote, invoice, Data Processing Agreement or other written document issued by us or expressly accepted by us in writing. These supporting documents do not grant Online Full Access on their own. Terms supplied by you, including in a purchase order, apply only if we expressly accept them in writing.
If the Software Licence Agreement or a supporting document conflicts with the Terms, it controls only for the subject of that conflict. All other parts of the Terms continue to apply unless the Software Licence Agreement or supporting document expressly says otherwise.
4. Eligibility and authority
You must be at least 18 years old to create an account or use Faultwise.
You must have the legal capacity to accept the Terms.
Online accounts are created and used by individual people. You may use Faultwise for yourself or on behalf of an organisation. Desktop demos do not require an Online account.
If you create an account or use Faultwise on behalf of an organisation, you confirm that:
- you are authorised to accept the Terms for that organisation; and
- the organisation is also bound by the Terms and is responsible for your use of Faultwise.
If you do not have that authority, you must not accept the Terms or use Faultwise on the organisation’s behalf.
Some individual users may be consumers, meaning that they use Faultwise wholly or mainly for purposes outside their trade, business, craft or profession. Nothing in the Terms removes or reduces any consumer right that cannot lawfully be excluded or limited.
5. Online accounts
You must provide accurate account information and keep it up to date.
Each account is for one named user only. You must not:
- share your login details;
- allow another person to use your account;
- pool one account across a team;
- transfer your account or access rights; or
- create accounts to avoid access, usage or Trial limits.
If several people in an organisation use Faultwise, each person must have their own account and any licence required for that use.
You must keep your password and authentication details secure and notify us promptly if you believe your account has been compromised.
You are responsible for activity that you authorise through your account or that results from your failure to protect your credentials. You are not responsible for unauthorised activity caused by our breach of the Terms or failure to use reasonable care.
6. Online access types at a glance
Faultwise Online offers different types of access:
- Preview Access provides a free, limited way to explore Faultwise;
- a Trial, including a longer, individually agreed Extended Trial, temporarily provides the full Faultwise feature set for evaluation, subject to applicable usage allowances and Trial restrictions;
- Academic Access provides the full Faultwise feature set to eligible users for approved non-commercial teaching and research, subject to applicable usage allowances; and
- Full Access is provided under a Software Licence Agreement and may permit commercial use within the agreed scope.
Usage allowances and service availability may vary by access type. Your current access status may be shown in Faultwise or communicated when access is granted.
Access rights are personal to the named user and are not transferable.
7. Online Preview Access
Preview Access is free of charge and is intended for demonstration, familiarisation and initial evaluation.
Preview Access may include:
- demo datasets provided by us;
- Faultwise calculations and visualisation features; and
- limited use of AI-assisted features.
Preview Access does not allow you to upload your own project files.
Preview Access must not be used for:
- paid consultancy work or final client deliverables;
- production or operational use;
- commercial reliance; or
- safety-critical or final professional decisions.
We may change, limit, suspend or discontinue Preview Access. Where reasonably practical, we will provide notice of a material change.
8. Online Trials and Extended Trials
A Trial temporarily allows you to evaluate the full Faultwise feature set, including the ability to upload compatible files, subject to the usage allowances and restrictions in this section.
Trials are provided free of charge.
The standard Trial period is seven calendar days, starting when we activate it. We may grant a longer period. A longer individually agreed period may be described as an Extended Trial.
We review each Trial request manually and decide whether to grant it. We may refuse a request, including where we cannot reasonably verify the proposed user or use, or where providing access would create a legal, sanctions, export-control or other compliance risk. Requesting a Trial does not guarantee that it will be granted.
Unless we agree otherwise in writing:
- only one Trial may be granted to a person or organisation;
- a Trial is for evaluation, testing and internal assessment only;
- you may test Faultwise using data that you have the right to use;
- Trial Outputs must not be used as final paid client deliverables;
- a Trial must not be used as a substitute for Full Access in paid consultancy or other commercial work; and
- you must not create or use multiple accounts to obtain repeated Trials.
You may test client data during a Trial only if the client has authorised you to do so and the use complies with the Terms, including section 12 on personal data.
When a Trial ends, the account normally returns to Preview Access.
9. Online Academic Access
We may provide Academic Access to eligible students, educators, researchers, academic institutions, geological surveys, public-interest research bodies and non-profit organisations.
Academic Access is granted manually and at our discretion for the period we specify. We may ask for information about your institution, status, project and intended use.
We may ask you to confirm that you remain eligible for Academic Access. You must promptly tell us if your status, affiliation, project or intended use changes in a way that may affect your eligibility.
Academic Access may be used for:
- teaching and tutorials;
- coursework and student projects;
- academic publications and presentations;
- academic or public-interest research; and
- other non-commercial educational or research projects approved by us.
The source of a grant, scholarship or research funding does not by itself determine whether a use is commercial. We consider the nature and purpose of the project.
Academic Access must not be used for:
- paid consultancy;
- final client deliverables;
- commercial exploration, development or operational projects;
- work performed primarily for a commercial customer; or
- any other commercial purpose.
If Faultwise materially contributes to an academic publication, presentation, poster, teaching material or research output, we would appreciate an acknowledgement where appropriate under normal academic practice.
We may refuse, suspend or withdraw Academic Access if you do not or no longer meet the eligibility requirements, do not provide information reasonably requested to verify your eligibility, or use the access outside the permitted scope.
10. Online Full Access
Full Access is available only under a Software Licence Agreement between the customer and us.
Full Access may be provided for a fee or free of charge. Agreeing to the Terms does not give you Full Access or permission to use Faultwise for commercial work. Those rights are granted only through the applicable Software Licence Agreement.
The Software Licence Agreement normally sets out the terms specific to Full Access, including:
- the customer and authorised users;
- the permitted commercial use;
- the access period;
- the fees, if any;
- payment and termination terms;
- support commitments, if any; and
- the liability provisions that apply to Full Access.
A consultant with appropriately licensed Full Access may use Faultwise for authorised client work and may include Faultwise Outputs in client deliverables. The consultant must not give the client access through the consultant’s account. Each person who directly uses Faultwise must have their own authorised account and licence unless the Software Licence Agreement expressly allows another arrangement.
11. Online usage limits and fair use
Faultwise may limit how often or how much certain features can be used. These limits may include AI usage allowances, rate limits and maximum file sizes. They may vary by access type.
We may apply reasonable limits to:
- reflect the features and allowances of different access types;
- protect security and availability;
- prevent abuse or automated extraction;
- manage third-party service capacity and cost; and
- ensure fair access for other users.
We may show a limit in Faultwise or communicate it when access is granted. We may consider reasonable requests for additional access or allowances but do not guarantee that a request will be approved.
You must not try to bypass any usage limit or technical restriction.
11A. Faultwise Desktop Demo
Permission and permitted use
Once we issue a demo licence and you accept these Terms, we grant the named recipient a limited, non-exclusive right to install and use Faultwise Desktop during the confirmed demo period for evaluation, testing and internal assessment. If the licence is issued to an organisation, its authorised users may use the demo within that organisation for those purposes.
You may make the installation copies reasonably needed for that evaluation. You must not transfer the licence outside the named recipient or organisation, publish it or the installation package, or sell, resell or sublicense demo access. This section does not impose a numerical limit on demo users, computers or simultaneous runs.
You may import your own project data or client data that you are authorised to use for evaluation. The demo and its Outputs must not be used for paid consultancy, final client deliverables, production or operational work, or safety-critical or final professional decisions. The availability of features or possession of a licence string does not grant commercial-use rights.
Period and extension
The demo is free of charge. Unless we confirm a different period, its licence is issued for seven days from issuance, rather than from first activation. The expiry date is communicated when the licence is issued and is shown in the application. Reinstalling the application or using another computer does not restart that period.
We may extend the demo period on request but do not guarantee an extension. You must not obtain additional licences under false identities or use them to evade an agreed demo period or restriction.
Local work and licence checks
Project files and calculations are processed on your computer. You do not need an Online account. AI chat is currently disabled in the Desktop demo; the Online AI provisions in section 16 do not describe a Desktop feature.
Internet access is required for licence checks during activation, at each launch and periodically while the application runs, normally after seven days since the last successful check and when confirmed access expires. A new working session requires a successful licence check. The demo is not fully independent of the licence service.
We may restrict or disable a demo licence on the grounds in section 23. A change takes effect in the application when it is detected by a licence check; disabling a licence on the server does not necessarily stop an already running application immediately.
If access expires or is restricted while you are working, you may still view and export existing results in that open session, but you cannot continue actions requiring active access, such as new calculations. This does not extend the demo period or grant commercial-use rights for those results.
Files, results and privacy
The Desktop demo is not a project storage or backup service. Temporary workspaces are normally removed when the application closes. Export the results you want to keep before closing; your original files and exports saved outside the temporary workspace remain under your control. A later launch does not restore the previous workspace.
Section 14 explains rights in your content and Outputs. Ownership of an Output does not remove the evaluation-use restrictions above.
Our Privacy Policy explains local data, the information we receive for licensing and support, and retention. Licence checks do not send project files, calculation results or your local profile to us.
12. Personal data in customer content
Faultwise is designed for geological and technical project data. It is not intended for the deliberate processing of personal data about identifiable individuals.
In the Terms, Customer Content means files, data, prompts and other material that you upload or submit to Faultwise Online, import into Faultwise Desktop, or choose to provide to us for support.
In the Terms, Outputs include calculations, metrics, visualisations, exports, AI responses and other results generated through your use of Faultwise.
The following restrictions concern information transmitted to us through Faultwise Online or support. You must not intentionally upload or submit personal data in project files or AI prompts unless we have first agreed the relevant data-processing terms with you in writing, including a Data Processing Agreement where required.
In particular, you must not upload special-category personal data, criminal-offence data or other sensitive personal data unless we have expressly agreed to that processing in writing.
Limited personal data may appear incidentally in file names, surface names, headers, image metadata or prompts. You are responsible for:
- minimising and, where practical, removing that information before upload;
- having the right and lawful basis to provide it; and
- giving any notices required by applicable data protection law.
If we agree to process personal data in customer content on behalf of an organisation, the organisation is the controller and we are its processor for that processing. The agreed Data Processing Agreement or other data-processing terms will apply.
Our handling of account data and incidental personal data is described in our Privacy Policy.
For Desktop content that remains on your computer, you or your organisation remain responsible for its lawful use and any required notices or permissions. Local processing does not, by itself, give us access to the content or make us its processor.
13. Customer content, uploads and local files
You retain any rights you have in your Customer Content.
For Customer Content you upload to Faultwise Online or choose to provide to us for support, you give us a limited right to receive, store, process, transmit, analyse and display it, and to generate Outputs from it, only as reasonably necessary to:
- provide Faultwise to you;
- keep Faultwise secure and reliable;
- investigate a technical or security problem;
- respond to a support request;
- comply with law; or
- protect our rights, users and service.
You are responsible for ensuring that:
- you have the right to use the Customer Content and, where applicable, upload or share it;
- its use in Faultwise does not breach a contract, NDA, confidentiality duty, licence, law or third-party right;
- it does not contain malicious code or harmful material; and
- it is suitable for the analysis you request.
Faultwise is not a long-term storage or backup service. You must keep your own copies of source files, project data and Outputs.
In Faultwise Online, we may delete temporary Customer Content after inactivity, session reset, redeployment or termination, or where reasonably required for operational reasons. Desktop temporary workspaces are handled as described in section 11A. The usual handling and retention of Customer Content is explained in our Privacy Policy.
The rights above do not grant us access to local Desktop project files. We receive such files only if you separately choose to provide them, for example for support.
We do not use Customer Content or Outputs to train or fine-tune AI models or for product-training datasets, benchmarking datasets or general internal datasets.
14. Outputs and ownership
We do not claim ownership of your Customer Content.
As between you and us, and to the extent that Outputs can be owned:
- if you use Faultwise on your own behalf, you own Outputs created from your Customer Content; and
- if you use Faultwise on behalf of an organisation, that organisation owns those Outputs.
We assign any rights that we may have in those Outputs to you or the organisation, as applicable, subject to:
- the permitted scope of your access type;
- any rights in third-party data or materials; and
- any applicable Software Licence Agreement, where one exists.
Outputs generated from demo datasets or other third-party material remain subject to section 18 and to any rights, licences or restrictions that apply to the source material.
Your rights in Customer Content and Outputs do not give you any ownership of Faultwise, its software, algorithms, interfaces, methods or other intellectual property.
AI responses may not be unique, and similar responses may be generated for other users. We do not guarantee that an Output is protected by intellectual property rights or that it is suitable for a particular use.
15. Confidentiality
In this section, Confidential Information means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential from its nature or the circumstances of disclosure.
Your Confidential Information may include non-public Customer Content, project information, unpublished research and support communications.
Our Confidential Information may include non-public product information, security information, beta features, technical information, pricing and business information.
Each party must:
- use the other party’s Confidential Information only as needed to provide, receive, evaluate, support or secure Faultwise, or as otherwise agreed in writing;
- protect it using reasonable care; and
- disclose it only to personnel, contractors, service providers and professional advisers who need it and are subject to confidentiality obligations.
For Customer Content, providing and supporting Faultwise does not include using its contents for product training, model training, benchmarking or internal datasets.
Confidential Information does not include information that:
- is public through no breach of the Terms;
- was already lawfully known without restriction;
- is independently developed without use of the Confidential Information; or
- is lawfully received from another source without a confidentiality duty.
A party may disclose Confidential Information where required by law or a competent authority. Where lawful and reasonably practical, it will first notify the other party and disclose only what is required.
This section continues after access ends for as long as the Confidential Information remains confidential.
16. Online AI-assisted features
Faultwise Online includes an optional chat feature called Ask AI. It lets you ask questions about calculated fault metrics and related geological concepts.
Ask AI may produce incomplete, inaccurate, misleading or unsuitable responses. Its responses are provided for general information and decision support only. They are not professional advice or a substitute for qualified professional judgement.
You must review and independently verify an Ask AI response before using or relying on it. You must not use it as the sole basis for any decision with significant professional, commercial, operational, safety, legal or regulatory consequences.
We may change how Ask AI works, including the models or providers it uses. Ask AI is subject to the usage limits described in section 11.
Our Privacy Policy explains what is sent to an AI provider and how AI-related data is handled.
17. Professional judgement
Faultwise helps you analyse and visualise fault data. It does not replace qualified professional judgement.
Outputs depend on the quality of the input data, assumptions, parameters, algorithms, model limitations, user choices and professional interpretation. They may be incomplete, inaccurate or unsuitable for a particular project.
Before using or relying on Outputs, you are responsible for:
- checking the input data;
- checking assumptions and parameters;
- reviewing calculations, visualisations, exports and AI responses;
- applying appropriate professional judgement; and
- obtaining independent expert review where appropriate.
You may use Faultwise and its Outputs to inform decisions, but you must apply appropriate professional judgement and consider other relevant information before making any decision with significant consequences.
18. Demo datasets and third-party material
Faultwise may include demo datasets or other material from public, academic, government or third-party sources.
Where applicable, source, licence and attribution information for a demo dataset can be viewed in Faultwise.
You must comply with any source licence, attribution requirement or restriction that applies to third-party material. You must not remove or obscure a required attribution or proprietary notice.
We may convert, simplify, format or adapt third-party data for demonstration in Faultwise. This does not transfer ownership of the original data to us or you.
Demo datasets are provided for demonstration and evaluation. They may be incomplete, outdated, simplified or unsuitable for site-specific analysis or professional reliance.
The original providers do not sponsor or endorse Faultwise unless expressly stated.
19. Acceptable use
You must use Faultwise lawfully and responsibly.
You must not:
- copy, reproduce, modify, distribute, sell, rent, lease or sublicense Faultwise except as expressly allowed in writing;
- sell or resell access to Faultwise;
- provide access to Faultwise except for authorised use of the Desktop demo within the recipient organisation under section 11A;
- present Faultwise as your own product or provide it as a white-labelled product;
- give a client or third party direct or indirect access through your Online account, or transfer a Desktop demo licence outside its authorised recipient or organisation;
- reverse engineer, decompile or disassemble Faultwise, or attempt to derive its source code or underlying structure, except where applicable law expressly allows this;
- scrape, crawl, bulk download or use automated systems to access Faultwise without written permission;
- bypass authentication, licensing, usage limits, security controls or technical restrictions;
- interfere with, overload, damage or disrupt Faultwise;
- upload malware, malicious code or harmful material;
- use Faultwise to infringe another person’s rights;
- use Faultwise for unlawful, fraudulent, deceptive or harmful activity;
- use Faultwise or systematically extract its Outputs for the primary purpose of developing, training, improving or validating a competing software product or service;
- publish benchmark results that disclose our Confidential Information or non-public features without our written permission;
- remove proprietary, attribution or licence notices; or
- misrepresent your identity, organisation, location, access rights or intended use.
This section does not prevent an appropriately licensed consultant from using Outputs in authorised client services and deliverables.
20. Sanctions, export controls and restricted use
Faultwise is not available where providing, accessing or using it would breach applicable sanctions, export-control or trade-restriction laws.
You must not access, use, transfer or make Faultwise, Customer Content, Outputs or related technology available to any prohibited person, entity, territory, end user or end use.
You confirm that, whenever you access or use Faultwise:
- you are not subject to applicable sanctions or trade restrictions;
- you are not owned or controlled by a person or entity subject to those restrictions where applicable law treats that ownership or control as restricted;
- your use will not involve a prohibited destination, project, customer, end user or end use; and
- you will not use a VPN, proxy, intermediary, false information or another method to evade a legal or compliance control.
You must promptly tell us if you become aware of a change that may affect compliance with this section.
The relevant laws include those of the United Kingdom and any other jurisdiction applicable to us, you, the customer, the transaction or the intended use.
We may screen users, organisations, ownership, access locations, projects, customers, end users and intended uses. We may request information reasonably needed for that purpose.
We may refuse, suspend or terminate access, block an upload or take another reasonably necessary action if we reasonably believe there is a sanctions, export-control, legal or compliance risk.
21. Our intellectual property
DEFORM GEOSCIENCE LTD owns the intellectual property rights in Faultwise, including our original software, algorithms, methods, interfaces, workflows, implementations, branding, trademarks and know-how.
Faultwise may incorporate open-source software, third-party components and scientific algorithms or methods that we did not create. We do not claim ownership of those materials. They remain subject to their applicable rights and licences.
Except for the limited rights expressly granted under the Terms or the applicable Software Licence Agreement, no rights in Faultwise are transferred to you.
You may use our name and product name only as reasonably necessary to identify Faultwise or acknowledge its use. You must not imply endorsement, sponsorship or partnership without our written permission.
If you provide feedback, suggestions or ideas, we may use them to improve Faultwise without payment or other obligation to you. This does not allow us to use confidential Customer Content outside the permissions in the Terms.
We will not publicly identify you or your organisation as a user, customer or collaborator, or use a name, logo, testimonial, quotation or project detail for publicity, without prior written permission from the relevant individual or an authorised representative of the organisation.
22. Support, availability and changes to Faultwise
Basic technical support for Online Preview Access, Trials and Academic Access, and for the Desktop demo, may be provided on a reasonable-efforts basis. These access types do not include onboarding, workflow consulting or project-specific guidance unless we expressly agree otherwise in writing. We do not promise a particular response time or service level for those access types.
Onboarding, workflow support and other support or service commitments for Online Full Access are described in the applicable Software Licence Agreement.
Faultwise may occasionally be unavailable because of maintenance, updates, security work, hosting issues, third-party service failures or circumstances outside our reasonable control.
Local Desktop processing does not guarantee that the licence service will always be available. An inability to complete a licence check can prevent a new working session or renewal of access, as described in section 11A.
We may update, add, remove or change features. We will not use this right to remove a fixed access right that we have expressly granted without a reasonable reason, such as a legal, security, abuse, third-party service or operational requirement.
23. Suspension and termination
We may refuse, suspend, restrict or terminate access if we reasonably believe that:
- the Terms, the applicable Software Licence Agreement or a supporting document have been breached;
- an Online account has been shared, transferred, compromised or created using false information, or a Desktop demo licence has been transferred outside its authorised recipient or organisation;
- an access type is being used outside its permitted scope;
- an Online Trial, Academic Access or Desktop demo is being misused;
- use creates a security, legal, sanctions, export-control, compliance or operational risk;
- use attempts to bypass applicable limits, places an unreasonable load on Faultwise, or is automated, harmful or disruptive;
- an amount due under the applicable Software Licence Agreement, invoice or order form has not been paid;
- we are required to act by law or a competent authority; or
- the relevant free or evaluation service is discontinued.
Where reasonably practical, we will explain the reason and provide an opportunity to address the issue. We may act immediately where needed to protect users, confidential information, the service or legal compliance.
You may stop using Faultwise at any time. You may request deletion of your Online account or personal data in Desktop licence records as explained in our Privacy Policy.
When access ends, you must stop using any feature or material that your access no longer permits. The limited permission to view and export existing Desktop results in an open session under section 11A remains subject to its evaluation-use restrictions. Sections concerning intellectual property, confidentiality, liability, governing law and any other provision intended to continue will survive.
24. Service limitations
We will use reasonable care and skill when providing Faultwise. However, Online Preview Access, Trials and Academic Access, and the Desktop demo, do not include guaranteed availability, support response times or deadlines for fixing problems.
We do not promise that:
- Faultwise will be available at all times, uninterrupted or completely free from errors or security vulnerabilities;
- every problem will be fixed within a particular time;
- Outputs, including Ask AI responses, will always be complete, accurate or suitable for a particular purpose;
- demo datasets will always be complete, current or suitable; or
- Faultwise will be suitable for every dataset, project, workflow or intended use.
If you use Faultwise in the course of a business, profession or organisation, only the promises expressly stated in the Terms apply, together with any rights that applicable law does not allow us to exclude.
Nothing in this section limits any consumer rights that cannot be excluded or restricted by law.
25. Liability
Liability that we do not limit
Nothing in the Terms excludes or limits our liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot lawfully be excluded or limited.
Nothing in the Terms removes or limits a remedy that applicable consumer law requires us to provide.
Business, professional and organisational use
If you use Faultwise in the course of a business, profession or organisation, we are not liable for:
- indirect or consequential loss;
- loss of profit, revenue, business, contract, opportunity, goodwill or reputation;
- loss or corruption of data where you failed to keep an appropriate copy;
- loss caused by inaccurate, incomplete or unsuitable Outputs;
- loss caused by a decision made without the checks and professional judgement required by section 17;
- loss caused by unauthorised Online account access resulting from your failure to protect your credentials; or
- loss caused by a third-party service failure outside our reasonable control.
Online Preview Access, Trials, Academic Access and Desktop demos
Subject to the exceptions above, our total liability arising from or relating to Online Preview Access, Trials, Academic Access or a Desktop demo is limited to £100 for all claims combined.
This does not give you an automatic right to £100. It means that, if we are legally responsible for a claim, £100 is the maximum total amount that we could be required to pay for all claims combined. It is not a fee or charge payable by you.
The £100 limit does not apply where consumer law or any other applicable law does not allow the relevant liability or remedy to be limited.
Online Full Access
The £100 limit for Online Preview Access, Trials, Academic Access and Desktop demos does not apply to Online Full Access. Liability relating to Online Full Access is set out in the applicable Software Licence Agreement.
If the Software Licence Agreement does not specify a different liability limit, our total liability for paid Online Full Access is limited to the fees paid or payable for Online Full Access during the 12 months before the event that led to the claim.
If Online Full Access is provided free of charge, the fallback liability limit is £100.
These fallback limits only limit liability that already exists. They do not create liability and do not apply where liability cannot lawfully be limited.
Consumers
If you are a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of the Terms or our failure to use reasonable care and skill. We are not responsible for business losses arising from use outside a consumer purpose.
26. Changes to the Terms
We may update the Terms when Faultwise, our access model, the way we provide the service or applicable law changes, or when we need to correct or clarify the Terms.
We will publish the updated Terms and change the effective date at the top of the document. We do not normally provide separate notice of minor, editorial or clarifying changes.
If a change materially reduces an existing user’s rights or materially increases their obligations, we will take reasonable steps to bring it to their attention before it takes effect, for example through a notice in Faultwise. Advance notice may not be possible where a change is required by law or is needed to address an urgent security, abuse or compliance risk.
Changes apply from their stated effective date and do not retrospectively change rights or obligations that arose before that date.
If you continue to use Faultwise after the updated Terms take effect, the updated Terms apply to that continued use. If you do not agree, you must stop using Faultwise.
27. Governing law and courts
The Terms are governed by the laws of England and Wales.
If you use Faultwise in the course of a business, profession or organisation, the courts of England and Wales will have exclusive jurisdiction over disputes arising from the Terms.
If you are a consumer, you may also have mandatory rights under the law of the country where you live and may be entitled to bring a claim in your local courts. Nothing in the Terms removes those rights.
28. Other legal terms
If a court finds part of the Terms unenforceable, the remaining provisions will continue to apply.
If we do not immediately enforce a provision, that does not waive our right to enforce it later.
The Terms, any written confirmation of your access type or access period and, where applicable, the Software Licence Agreement and supporting documents described in section 3 together govern your use of Faultwise.
We may transfer our rights and obligations under the Terms to another organisation in connection with a sale, transfer or reorganisation of all or part of our business. The transfer itself will not reduce your rights under the Terms. Any later change to the Terms will be made under section 26.
You may not transfer your rights or obligations under the Terms to another person or organisation without our written consent.
No person other than you, us and any organisation bound by the Terms under section 4 has a right to enforce the Terms.
29. Contact us
For questions about the Terms or Faultwise, contact:
DEFORM GEOSCIENCE LTD
71-75 Shelton Street
Covent Garden
London
United Kingdom
WC2H 9JQ
Email: support@faultwise.app