Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the deckchair® platform-as-a-service (PaaS) (“deckchair®” or “Platform”) provided by Bellrock Technology Limited (“we”, “our” or “us”).

By accessing or using deckchair®, you (“Customer”, “User”, “you” or “your”) agree to comply with and be bound by these Terms, together with any other terms agreed to between the Parties, as well as our Privacy Policy, which can be found at https://deckchair.ai/privacy-policy.

If you do not agree with any of these Terms, you must not access or use deckchair®.

Bellrock Technology Limited is a company incorporated and registered in Scotland with company number SC426874 whose registered office address is at Level 5, 9 Haymarket Square, Edinburgh, Scotland, EH3 9RY.

deckchair is a registered trademark owned by Bellrock Technology Limited.

By using deckchair®, you confirm that you have read and understood these Terms and that you agree to comply with these Terms, which constitute a binding legal agreement between you and Bellrock Technology Limited (each, a “Party”, together, the “Parties”).

If you are accessing deckchair® on behalf of an organisation, such as your employer or a company you work for, you represent and warrant that you have the legal authority to represent and bind your organisation, its affiliates and all users who access the Platform through your account to these Terms, in which case the terms “Customer”, “User”, “You”, “Your” or a related capitalised term herein will refer to such organisation, its affiliates and users associated with it. If you do not have such authority, you must not accept these Terms and may not use deckchair®.

If you are using an organisation’s email address in registering for deckchair®, please note that you are deemed as an authorised representative of the organisation.

Bellrock Technology Limited provides the deckchair® platform-as-a-service, a cloud-based Platform designed to empower Users to build and deliver high-impact data analytics services quickly and securely, including, but not limited to, data processing, analysis, visualisation and reporting features (“Services”). These Services may be accessed via APIs, web interfaces or other authorised methods.

We reserve the right to modify or discontinue the Platform and/or Services, or any part of the Platform and/or Services, at any time without prior notice. 

You must be at least 18 years old or the legal age of majority in your jurisdiction to use deckchair®. By using the Platform, you represent and warrant that you meet these requirements. 

To access deckchair®, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials, including username, password and any other access credentials created by or assigned to you, and for all activities that occur under your account. You agree to take all reasonable steps to secure and prevent any unauthorised access to your account and to notify us immediately if you suspect unauthorised access or use of your account.

Accounts must not shared or used by multiple persons. We reserve the right to suspend and/or terminate any User’s account that we determine, acting reasonably, may have been accessed by an unauthorised third party or used in an unauthorised manner, as solely determined by us, and will provide you with immediate notice of such suspension or termination.

When using deckchair® on behalf of an organisation, you acknowledge that your organisation retains administrative control and full responsibility in granting or withholding each of your users access to Customer Data and Services.

Subject to these Terms and the payment of any applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use deckchair®, solely for your own or your internal business purposes, as applicable. 

You are responsible for ensuring you have adequate connectivity, hardware and software to connect to, access and use deckchair® as intended.

You may not make the Platform or Services available to any third party without the express written and signed permission of an authorised representative of Bellrock Technology Limited.

You acknowledge that under these Terms you are not granted any ownership or any proprietary rights to the Platform or Services (including Intellectual Property Rights) and, as such, you do not have permission to alter, reproduce, sell, disassemble, edit, rebrand, distribute, lend, hire or sub-license the Platform or Services or any component part of the Platform or Services.

If you are interested to resell the Platform or Services derived from its use, please contact us at resellers@deckchair.ai to discuss your specific needs.

deckchair® is not designed or intended to be used as a digital storage or data backup service and should not be relied upon for storing or backing up your data. Please retain original copies of your data.

5.1. Permitted Use

You may use deckchair® only for lawful purposes and in accordance with these Terms. You agree to:

• Use the Platform in compliance with applicable laws, regulations and third-party rights;
• Provide accurate, complete and up-to-date data to the Platform;
• Use the Platform solely for the purpose of processing and analysing data as permitted by these Terms.

5.2. Prohibited Use

You may not use deckchair® for any illegal, harmful or unauthorised purpose. You agree not to use the Platform for any of the following purposes:

• Violating any laws, regulations or other rules;
• Facilitating illegal activity;
• Infringing intellectual property rights;
• Uploading, sharing or transmitting harmful or malicious code, such as but not limited to viruses, worms, cancelbots, trojan horses, malware or other destructive or contaminating code or programme;
• Disrupting or interfering with the integrity or performance of the Platform;
• Using the Platform to store or analyse sensitive data, including personal data, without proper authorisation.

Furthermore, you shall not:

• Reverse engineer, decompile, disassemble, create derivative works of or attempt to derive the source code of the Platform;
• Use the Platform in any manner that could damage, disable, overburden or impair the Platform’s functionality;
• Share your account credentials with others;
• Upload any content that is harmful, threatening, offensive, obscene, defamatory, infringing, harassing, unlawful, immoral, tortuous, fraudulent, deceptive, infringes the rights of others or is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or in a manner that is otherwise illegal or causes damage or injury to any person or property;
• Remove or alter any markings that indicate ownership of the Platform or the output of its Services, for example, trade mark or copyright symbols;
• Act in a manner that is defamatory, harassing, threatening or trade libelous to Bellrock Technology Limited or its directors, employees, shareholders or workers.

We reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of this clause.

5.3. Embargoed Countries

deckchair® is not available to individuals or entities located in, or acting on behalf of, countries or regions subject to comprehensive international sanctions or trade restrictions under the laws of the United Kingdom, including but not limited to those listed under the UK government’s sanctions regulations. This includes, but is not limited to, countries and territories subject to sanctions or embargoes imposed by the UK government through the Office of Financial Sanctions Implementation (OFSI) or equivalent authorities. If you are a resident or national of, or are located in, such an embargoed country or region, you are prohibited from accessing or using deckchair®. You also represent and warrant that you are not subject to any sanctions or other trade restrictions that would prohibit or restrict your use of deckchair®.

5.4. Compliance with Laws

By using deckchair®, you agree to comply with all applicable export control laws, sanctions and regulations, including those imposed by the UK government, the European Union and other relevant authorities. You acknowledge that violations of these laws could result in penalties, including suspension or termination of your access to deckchair®.

6.1. Pricing

Access to and use of deckchair® may be subject to subscription fees, usage-based charges or other payment terms ( “Fees”). Fees and payment terms are described in our pricing documentation.

We reserve the right to modify the Fees or introduce new Fees at any time, upon at least one month’s prior notice to you, provided that any such change will not take effect until at least the next billing cycle following said notice period. If you do not cancel your subscription before the new Fees are implemented and you continue to use the Platform and/or Services after this date, you will be deemed to have accepted the new Fees.

All Fees are exclusive of all taxes, levies or duties applicable under any applicable law unless stated otherwise, and you shall be responsible for payment of all such taxes, levies or duties.

6.2. Payment Terms

Payments are due in accordance with the payment schedule outlined in your pricing plan. You agree to provide accurate and complete billing information and authorise us to charge you for your use of the Platform and Services. You agree to pay all applicable Fees for deckchair®, which may include recurring subscription charges, taxes and any other Fees associated with your use of the Platform and Services.

6.3. Billing and Renewal

Unless otherwise specified, all subscriptions automatically renew at the end of each billing cycle unless cancelled in accordance with the Cancellation and Termination policy outlined below. For the avoidance of doubt, all subscription renewals are subject to the version of these Terms in effect at the time of the renewal.

6.4. Changes to Subscriptions

You may upgrade your subscription at any time; the upgrade will take effect immediately and you will be charged pro-rata at the new subscription rate for the remainder of the current billing cycle.

You may downgrade your subscription at any time; the downgrade will take effect at the start of your next billing cycle. No refunds will be provided for the remainder of the current billing cycle following a downgrade.

6.5. Late Payment and Suspension

If you fail to pay any Fees when due, we may suspend your access to the Platform and Services until payment is received. We may also terminate your account for non-payment after providing notice.

For the avoidance of doubt, Fees and payments remain due if you did not use deckchair® or used it only partially during a billing cycle.

6.6. Free Trials

If you are on a free trial, the trial period and any limitations will be specified at the time of sign-up. Prior to the end of the free trial, you may choose to purchase a subscription to deckchair®, which will commence at the end of the free trial period. Should you choose not to purchase a subscription, at the end of the free trial your access to deckchair® will be suspended and your account scheduled for termination in accordance with our Cancellation and Termination policy outlined below.

7.1. Cancellation by You

You may cancel your subscription to deckchair® at any time by contacting us at cancellations@deckchair.ai. Cancellations take effect at the end of the current billing cycle, at which point your access to the Platform and Services will be disabled, but your obligations to pay any outstanding Fees will survive. No refunds will be provided for the remainder of the current billing cycle following a cancellation.

7.2. Termination by Us

We may suspend or terminate your access to deckchair® if we reasonably determine you have violated these Terms, if you engage in illegal or harmful activities, if requests are made by law enforcement, judicial order or other government agencies for such termination, if we discontinue the Platform, or if your use of the Platform endangers its security or stability. We will provide notice prior to any suspension or termination where possible, except in cases of serious violation or unless doing so would violate applicable law.

7.3. Termination by Either Party

Without affecting any other right or remedy available to it, either Party may terminate this agreement with immediate effect by giving written notice to the other Party if:

• The other Party commits a material breach of any of these Terms, which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; or
• The other Party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the UK Insolvency Act 1986.

7.4. Effects of Cancellation or Termination

Upon cancellation or termination, all licenses granted under these Terms shall immediately terminate, you will no longer have access to deckchair® and any data associated with your account may be deleted subject to applicable data retention policies and the Data Protection Legislation as outlined below.

If you specifically request deletion of your User and/or Customer Data, we shall fulfil such request within 1 month of its receipt, subject to applicable laws on data retention, such as the Data Protection Legislation. You are responsible for retrieving and backing up your data before termination.

Upon cancellation or termination, you must stop using and prevent the further use of the Platform and Services and pay any outstanding Fees owed under these Terms. All Fees paid are non-refundable except as required by law.

Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms, which existed at or before the date of termination, shall not be affected or prejudiced.

Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. Specifically, sections 5, 6, 8 & 10-22 shall survive the termination of these Terms.

You must own or have necessary consents, licenses, permissions and rights to use all data, including documents, files, images, software or any other materials, you input to deckchair® (“Customer Data”) and we will not be responsible for any Customer Data input to the Platform.

You retain ownership of all right, title and interest in and to any Customer Data you input to deckchair® and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.

By using the Platform, you grant us a limited, non-exclusive, worldwide, royalty-free license to access, process and analyse your Customer Data solely for the purpose of providing the Platform and Services.

You acknowledge that you are solely responsible for and maintain control over any Customer Data that you input to deckchair®. We do not control any Customer Data input, processed, analysed, modelled, visualised or output and as such, do not guarantee the accuracy, completeness, integrity or quality of such Customer Data or results generated through its use.

Both Parties will comply with all applicable data protection and privacy legislation in force from time to time in the UK, including the UK General Data Protection Regulation; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended (the “Data Protection Legislation”). This clause is in addition to, and does not relieve, remove or replace, a Party’s obligations or rights under the Data Protection Legislation.

If your Customer Data contains Personal Data, you are responsible for ensuring that it is compliant with the Data Protection Legislation. “Personal Data” means any information relating to an identified or identifiable natural person.

You acknowledge that if we process any Personal Data on your behalf when performing our obligations under these Terms, you are the controller and we are the processor for the purposes of the Data Protection Legislation.

You must ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of any Personal Data to us for the duration and purposes of these Terms so that we may lawfully use, process and transfer the Personal Data in accordance with these Terms on your behalf.

You consent to us appointing third party processors of Personal Data under these Terms. We confirm that we have entered or (as the case may be) will enter with the third party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause and in either case, which we confirm reflect and will continue to reflect the requirements of the Data Protection Legislation.

We take reasonable measures to protect the confidentiality, integrity and security of your data by maintaining administrative, physical and technical safeguards. We shall only access, use, change or share your data if it is essential to provide the Platform and Services, prevent or fix technical issues, when you give us permission in writing to do so or when required by law.

We commit to using any of your personal User data that is provided to us in accordance with the Data Protection Legislation and will not disclose this data to any third parties unless authorised to do so. Your use of the Platform is subject to our Privacy Policy, which outlines how we collect, use and protect your personal data. By using the Platform, you agree to the terms of the Privacy Policy, which can be found at https://deckchair.ai/privacy-policy.

We aim to provide continuous availability of the Platform and its Services but cannot guarantee and do not warrant uninterrupted or error-free access. Scheduled maintenance, unforeseen downtime and performance issues may occur from time to time.

Support is provided through our in-platform help centre documentation and via email at help@deckchair.ai. We will make reasonable efforts to address issues promptly but do not guarantee resolution within any specific timeframe.

If you are interested to customise availability or support levels to your specific needs, please contact us at support-sales@deckchair.ai to discuss how we can help through a tailored service level agreement.

We cannot be responsible for any delays, delivery failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform and Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 

“Confidential Information” is information that is proprietary or confidential and is clearly labelled as such or identified as Confidential Information in this clause. Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under these Terms. A Party’s Confidential Information shall not be deemed to include information that:

• Is or becomes publicly known other than through any act or omission of the receiving Party;
• Was in the other Party’s lawful possession before the disclosure;
• Is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
• Is independently developed by the receiving Party, which independent development can be shown by written evidence; or
• Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

Both Parties agree to hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of this agreement.

Each Party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of these Terms.

We acknowledge that the Customer Data is your Confidential Information. You acknowledge that details of our Platform and the results of any performance tests of the Platform constitute our Confidential Information.

You agree that we can reference your use of deckchair®, any feedback provided and related non-Confidential Information in our marketing activities and for our own business purposes.

This clause shall survive termination of these Terms, however arising.

11.1. Our IP

We retain all right, title and interest in and to deckchair®, including but not limited to all underlying software, algorithms, code and documentation, and all associated I{P rights across our wider business, including but not limited to copyrights, data rights, design rights, moral rights, patents, rights in databases, trade marks and trade names, whether registered or unregistered anywhere in the world. Nothing in these Terms grants you any rights to our IP, except as expressly set forth in these Terms.

11.2. Your IP

You retain all rights to the data and any content that you upload to deckchair®. By inputting, submitting or uploading data to the Platform, you grant us the right to use, process and store the data solely for the purpose of providing the Platform and Services.

11.3. Feedback and Suggestions

We welcome and thank you for your feedback and suggestions on deckchair®. You acknowledge that any feedback and suggestions are provided on an entirely voluntary basis and are deemed to be non-confidential. We shall have the right to use such feedback and suggestions at our discretion without obligation to you and on an unrestricted basis including, but not limited to, in the production of marketing materials or by including suggested changes into the Platform.

12.1. No Warranty

deckchair® is provided “as is” and “as available”. We do not make any warranties or representations of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, regarding the accuracy, availability, performance, reliability or completeness of the Platform or Services.

12.2. Limitation of Liability

This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you:

• Arising under or in connection with these Terms;
• In respect of any of your use of deckchair® or any part of the Platform or Services; and
• In respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

Except as expressly and specifically provided in these Terms:

• You assume sole responsibility for results obtained from your use of deckchair® and for conclusions drawn from and actions taken following such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Platform or the Services, or any actions taken by us at your direction;
• All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and
• deckchair® is provided to you on an “as is” and “as available” basis.

Nothing in these Terms limits or excludes either Party’s liability in any way for:

• Death or personal injury caused by its negligence;
• Fraud or fraudulent misrepresentation; or
• Any other losses that cannot be limited or excluded by applicable law.

Subject to the above, we shall not be liable whether in negligence, breach of statutory duty, contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any indirect, incidental, special, consequential or punitive loss, costs, damages, charges or expenses however arising under these Terms, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you in contract, negligence, breach of statutory duty, misrepresentation, restitution or otherwise, for any claim arising in connection with the performance or contemplated performance against these Terms shall be limited to the amount you paid for the Platform and Services during the 6-month period preceding the first event that gave rise to the claim.

You agree to indemnify, defend and hold harmless Bellrock Technology Limited, its affiliates, directors, officers, employees, agents and partners from any and all actions, claims, damages, losses, proceedings, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Platform, your data or any violation of these Terms. 

Neither Party shall be held liable for any failure or delay in performance of its obligations under these Terms, other than payment obligations, if such failure or delay is caused by events beyond the reasonable control of the party claiming force majeure, including but not limited to acts of God, fire, flood, earthquake, war, terrorism, strikes, lockouts, industrial disputes, government actions, pandemics, cyberattacks, malicious damage, widespread technical failures, outages of electrical, internet or telecommunication systems, default of suppliers or sub-contractors, civil unrest, or other events that prevent or delay performance (a “Force Majeure Event”).

In the event of a Force Majeure Event, the affected Party must promptly notify the other Party in writing of the occurrence of such event and its expected duration. The performance of the affected party’s obligations will be suspended for the duration of the Force Majeure Event and the time for performance will be extended for a period equal to the duration of the Force Majeure Event.

The affected Party agrees to make commercially reasonable efforts to mitigate the impact of the Force Majeure Event and resume performance as soon as reasonably possible.

If the Force Majeure Event continues for a period of 60 consecutive days or more, either Party may terminate these Terms by providing written notice to the other Party. In such case, neither Party will be liable for any damages or penalties arising from the termination.

At our sole discretion, we may update, modify, add or remove portions of these Terms from time to time. When we make such changes, we will post the revised version of the Terms on our website, https://deckchair.ai, and update the “Last Updated” date at the top of the Terms. Additionally, we will notify you of any material changes by email or by posting a notice on https://deckchair.ai or through the Platform itself. Your continued use of deckchair® after such changes constitutes your acceptance of the updated Terms.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of Scotland. Each Party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

Nothing in these Terms is intended to or shall operate to create an agency, partnership, joint venture, fiduciary duty, employee-employer, franchiser-franchisee or any other form of legal association 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).

If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the remaining provisions will remain in full force and effect.

These Terms, together with any legal notices, policies and agreements incorporated herein by reference, constitute the entire agreement between the Parties regarding use of the Platform and supersede any previous or contemporaneous arrangements, understandings or agreements between them relating to the subject matter they cover. Except as otherwise provided herein, no amendment, modification, or waiver of any provision of these Terms will be effective unless in writing and signed by an authorised representative of the Party against whom the amendment, modification or waiver is to be asserted. Any pre-printed terms on your purchase order are expressly rejected by us and will be given no force or effect.

You may not assign, transfer, charge, sub-contract or deal in any other manner with all or 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.

Our failure to enforce any provision of these Terms will not be deemed a waiver of our right to do so in the future. 

These Terms do not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any provision of the Terms.

Any notice required to be given under these Terms shall be in writing and shall be delivered by hand, sent by pre-paid first-class post or recorded delivery, or sent by email to us at the addresses set out in these Terms, or to you at the email provided when registering your account to access deckchair®.

A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A correctly addressed notice sent by email shall be deemed to have been received at 9am on the business day following sending.

For any notices, questions or concerns regarding these Terms, please contact us at:

Bellrock Technology Limited

Email: help@deckchair.ai

Address: Level 5, 9 Haymarket Square, Edinburgh, Scotland, EH3 9RY