Terms of Use
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE VAULT PORTAL
These Terms of Use were last updated on 12 December 2024.
These terms and conditions (“Terms of Use”) govern your use of the Thought Machine Vault Portal website which contains information about Thought Machine solutions, products, services support, training, enablement, the delivery partner programme, along with other information, data and material that may be made available from time to time (including by other third party users) (“Vault Portal”).
Who we are
Thought Machine Group Limited, a company incorporated under the laws of England and Wales and having its principal place of business at 7 Herbrand Street, London WC1N 1EX (“Thought Machine”).
ACCEPTANCE AND TERM
In order to access the Vault Portal you must be: a) a current partner of Thought Machine with an active, valid agreement in place between you and Thought Machine (“Partner”); b) a current Client of Thought Machine with an active, valid licence for the applicable Thought Machine Solutions as defined under the terms of an agreement between you and Thought Machine (“Client”); or (c) a prospective client, with an active, valid agreement in place between you and Thought Machine (“Prospect”), (each, an “Agreement”) and references to “you” shall include each of Partner, Client and Prospect, together with each of its respective personnel (as applicable) that access the Vault Portal.
Please read these Terms of Use carefully before accessing and/or using the Vault Portal. By using the Vault Portal, you confirm that you accept these Terms of Use and that you agree to comply with them. Accordingly you may not access and/or use the Vault Portal if you do not accept these Terms of Use.
The Terms of Use, including any additional terms as detailed below, may be amended from time to time. Every time you access and/or use the Vault Portal please check these terms to ensure you understand the terms that apply to your access and/or use.
Your right to access and/or use the Vault Portal expires automatically when you no longer have a valid Agreement or otherwise on notification by Thought Machine. Furthermore, Thought Machine may at any time, and without prior notice, limit or terminate your ability to use and/or access all (or part) of the Vault Portal if:
(i) in Thought Machine's reasonable opinion, you fail to comply with any provision of the Terms of Use or your Agreement, including if you use any part of the Vault Portal or any materials accessible via the Vault Portal or otherwise share any materials or access to the Vault Portal in breach of these Terms of Use;
(ii) Thought Machine is required by law, regulation or policy to limit or terminate your access and/or use; or
(iii) your relationship with Thought Machine changes in a way that may affect the Vault Portal, and you must, at our option, return or destroy any copies of the materials you have made.
These Terms of Use will nevertheless survive any such expiry or termination.
Additional terms that may apply to you
These Terms of Use include the following additional terms, which may also apply to your access and/or use of the Vault Portal:
- Privacy Statement
- Cookies Notice
- if you access and/or use the Public Sandbox, the Public Sandbox Terms and Conditions
- if you access and/or use the API Integration Sandbox, API Integration Sandbox Terms and Conditions
You must keep your account details safe
You must keep your account details, including any password to access the Vault Portal, confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your account details, you must promptly notify us at enablement@thoughtmachine.net.
Intellectual Property, confidentiality & restricted use
We are the owner or the licensee of all intellectual property rights in the Vault Portal, and in all material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Unless otherwise expressly stated in the applicable terms and conditions or agreed with us in writing, you are provided with access to the Vault Portal, together with the content thereof, solely in connection with the “Purpose” outlined in your Agreement.
You may print off one copy, and may download extracts, of any page(s) from the Vault Portal in connection with the Purpose.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Thought Machine’s status (and that of any identified contributors) as the authors of content on the Vault Portal must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on the Vault Portal for commercial purposes without obtaining a licence to do so from us or our licensors.
Without limiting the foregoing, you may not without our written permission, otherwise disclose any information made available or or otherwise obtained from the Vault Portal to any third party. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation.
Trademarks
You are not permitted to use any Thought Machine trademark without our prior written approval, unless they are part of material you are using as permitted above under the Section titled Intellectual Property.
We may make changes to the Vault Portal
We may update and change the Vault Portal, including any materials published on it, from time to time to reflect changes to our services, products, our users’ needs and our business priorities.
User-generated content is not approved by us
The Vault Portal may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on the Vault Portal do not represent our views or values.
Uploading content to Vault Portal
Whenever you make use of a feature that allows you to create content directly on the Vault Portal, upload or share content to the Vault Portal, or to make contact with other users of the Vault Portal, you must comply with the standards set out in our Community Standards.
You warrant that any such content complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will consider any content you upload to the Vault Portal to be non-confidential and not protected by any trade mark, patent or copyright (i.e. non-proprietary), that is, in the public domain. You own your content, but you are required to grant us and other users of the Vault Portal a perpetual licence to use, store and copy that content and to distribute and make it available to others. The rights you licence to us are described below in the Section Rights you are giving us to use content uploaded by you.
We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to the Vault Portal violates their intellectual property rights or their right to privacy.
We have the right to remove any posting you make on the Vault Portal if, in our opinion, your post does not comply with our Community Standards.
Rights you are giving us to use content uploaded by you
In respect of anything published, submitted, posted or otherwise disclosed on the Vault Portal by you, you grant us the following rights to use that content:
- An irrevocable, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content for any purpose, indefinitely.
- A worldwide, non-exclusive, royalty-free, transferable licence for other users, to use the content to expire when the user deletes the content from the Vault Portal.
We are not responsible for viruses
We do not guarantee that the Vault Portal will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access the Vault Portal. You should use your own virus protection software.
You must not introduce viruses
You must not misuse the Vault Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Vault Portal or any part of it.
You must not attempt to gain unauthorised access to the Vault Portal, the server on which the Vault Portal is stored or any server, computer or database connected to the Vault Portal or any other equipment or network connected with the Vault Portal.
You must not interfere with, damage or disrupt any software used in the provision of the Vault Portal or any equipment or network or software owned or used by any third party on which the Vault Portal relies in any way. You must not attack the Vault Portal via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Vault Portal will cease immediately.
No text, data mining or scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Vault Portal or any services provided via, or in relation to, the Vault Portal for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Vault Portal or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard.
You shall not use, and we do not consent to the use of, the Vault Portal, or any materials made available, contained in, or otherwise accessible via, the Vault Portal or any services provided via, or in relation to, the Vault Portal for the purposes of developing, training, fine-tuning or validating any AI system or model or for any other purposes not explicitly set out in these Terms of Use.
This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Liability
We exclude all implied conditions, warranties, representations or other terms that may apply to Vault Portal or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Vault Portal; or
- use of or reliance on any content displayed on Vault Portal.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- loss of contracts;
- business interruption;
- loss of anticipated savings;
- wasted management, operation or other time
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
You agree that the limitations and exclusions set out in these Terms of Use are reasonable having regard to the relevant circumstances and the use you are permitted to make of the Vault Portal.
Use of your personal information
We will only use your personal information as set out in our Privacy Statement.
Miscellaneous
We do not guarantee that the Vault Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Vault Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
The content on the Vault Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Vault Portal.
Although we make reasonable efforts to update the information on Vault Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on the Vault Portal is accurate, complete or up to date.
You must not link to the Vault Portal without our prior written consent.
Where Vault Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Governing Law
These Terms of Use, their subject matter and their formation (and any contractual or non-contractual disputes or claims) arising out of or in connection with it are governed by, and to be construed in accordance with, the law of England and Wales and (save in respect of injunctive relief, specific performance and other equitable relief) the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales in connection with any such dispute or claim.