Terms & Conditions

Contents

1. 1. Introduction
2. 2. Data Sole Services
3. 3. Account Registration
4. 4. Eligibility
5. 5. Fees and Billing
6. 6. Automatic Renewal
7. 7. Pricing Changes
8. 8. Payments
9. 9. Refunds and Credits
10. 10. Acceptable Use
11. 11. Customer Content
12. 12. Customer Responsibilities
13. 13. Cloud Security and Shared Responsibility
14. 14. Backups
15. 15. Service Availability
16. 16. Maintenance and Service Changes
17. 17. Suspension
18. 18. Termination
19. 19. Data Following Termination
20. 20. Data Protection and Privacy
21. 21. Intellectual Property
22. 22. APIs and Developer Services
23. 23. Third-Party Services
24. 24. Warranties
25. 25. Limitation of Liability
26. 26. Indemnification
27. 27. Confidentiality
28. 28. Compliance with Law
29. 29. Changes to These Terms
30. 30. Governing Law and Jurisdiction
31. 31. General Provisions
32. 32. Contact
33. Appendix A: Definitions
34. Appendix B: Shared Responsibility Reference
35. Appendix C: Notice Reference Table

1. Introduction

These Terms and Conditions of Use (“Terms”) govern access to and use of Data Sole websites, cloud platforms, applications, APIs, infrastructure and related digital services (“Services”).

By creating an account, purchasing a Service, accessing the Data Sole platform or otherwise using the Services, you agree to these Terms. These Terms form a binding agreement between you (and, where applicable, the organisation you represent) and Data Sole, and apply from the moment you first access or use the Services, whether or not you have read them in full.

If you use Data Sole on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms. Where these Terms refer to “you” or “customer”, that reference includes the organisation on whose behalf the Services are used, as well as the individual accessing the Services, unless the context requires otherwise.

If you do not agree with these Terms, you must not use the Services. If you are already using the Services and no longer agree with a revised version of these Terms, your remedy is to stop using the Services and, where applicable, follow the cancellation procedure described in Section 6.

These Terms should be read alongside Data Sole’s Privacy Policy, Data Retention Policy, Acceptable Use Policy and any applicable Service Level Agreement, Data Processing Agreement or Order Form, which together govern your use of the Services. Where a specific contractual document you have signed conflicts with these Terms, that document takes precedence to the extent of the conflict.

These Terms apply to every visitor, user and customer of the Services, regardless of whether a fee is paid. Where a free trial, free tier or evaluation period is offered, these Terms apply to that use in the same way as they apply to paid use, together with any additional restrictions specific to the free offering, such as reduced support availability or a prohibition on production workloads.

2. Data Sole Services

Data Sole provides cloud computing and related technology services, which may include:

• Cloud servers and virtual machines;
• Computing resources;
• Cloud storage;
• Databases;
• Networking services;
• Web and application hosting;
• Backup and recovery services;
• Security and monitoring services;
• Developer and API services;
• Software and platform services; and
• Other infrastructure and digital services made available by Data Sole.

The availability, specifications, limitations and pricing of individual Services may be described separately on the Data Sole platform, website, order form or service agreement. Data Sole may offer different tiers or configurations of a given Service, each with its own specifications and limitations, and these Terms apply to all such tiers and configurations unless a specific document states otherwise.

Not every Service is available in every region, and technical specifications, including capacity, performance and redundancy characteristics, may vary between regions and data centres. Where a Service is described as being in beta, preview or early-access status, additional limitations may apply, and such Services are provided with a correspondingly reduced level of assurance regarding availability and support.

2.1 Service Descriptions Prevail Where More Specific

Where the published description of a specific Service sets out particular specifications, limitations or conditions that differ from the general statements in these Terms, the specific Service description prevails for that Service, provided it does not purport to override a right that cannot lawfully be excluded or a term of a signed Service Agreement.

3. Account Registration

Certain Services require a Data Sole account. Customers must provide accurate, current and complete information when registering and must keep their account information reasonably up to date, including billing contact details, technical contact details and any information required for identity verification.

Customers are responsible for:

• Maintaining the confidentiality of passwords, API keys and authentication credentials;
• Enabling appropriate security controls;
• Controlling authorised users;
• Activities performed through their accounts; and
• Promptly notifying Data Sole of suspected unauthorised access.

Accounts must not be transferred, sold or provided to unauthorised third parties without Data Sole’s permission. Where a customer wishes to transfer an account or its associated resources to another legal entity — for example, following a corporate reorganisation — the customer should contact Data Sole in advance so that the transfer can be carried out through an approved process, which may involve identity verification of the receiving entity and settlement of any outstanding charges.

3.1 Multiple Users and Sub-Accounts

Where a Service permits multiple users or sub-accounts under a single customer account, the primary account holder remains responsible for the acts and omissions of every user granted access under that account, including compliance with these Terms and any applicable Acceptable Use Policy, unless a separate written agreement between the customer and Data Sole states otherwise.

4. Eligibility

Users must have the legal capacity to enter into a binding agreement. Where an individual uses Data Sole on behalf of an organisation, the individual represents that they have sufficient authority to accept these Terms on its behalf.

Additional eligibility or verification requirements may apply to particular Services, for example where a Service is subject to export control, sanctions screening, or sector-specific regulatory requirements. Data Sole may decline to provide, or may suspend, a Service where it reasonably believes eligibility requirements are not met.

Where Data Sole becomes aware that a customer no longer meets an eligibility requirement applicable to a Service they are using — for example, following a change in the customer’s location, ownership or regulatory status — Data Sole may restrict access to the affected Service, and will where reasonably practicable provide notice and an opportunity to resolve the issue before doing so, consistent with Section 17.

5. Fees and Billing

Customers agree to pay the fees applicable to the Services they purchase or consume. Depending on the Service, charges may be based on:

• Subscription plans;
• Resource consumption;
• Computing time;
• Storage;
• Bandwidth or data transfer;
• Software licences;
• Reserved resources;
• Additional features; or
• Other published or agreed pricing models.

Applicable taxes may be added where required. Usage-based charges may continue to accrue until the relevant resources are properly terminated or deleted; simply ceasing to use a resource, without following the applicable deletion or deprovisioning procedure, does not stop charges from accruing.

Customers are responsible for monitoring their own usage and configuring any available billing alerts or spending limits. Data Sole may, but is not obliged to, provide tools to help customers estimate or manage their usage-based charges, and such tools are provided for convenience only and do not constitute a binding estimate of final charges.

5.1 Disputed Charges

A customer who reasonably believes a charge is incorrect should raise the matter with Data Sole’s billing team promptly, and in any event within a reasonable period after the charge appears on the customer’s account, providing sufficient detail to allow the charge to be investigated. Data Sole will investigate disputed charges in good faith and, where an error is confirmed, will correct the charge and apply any appropriate adjustment.

6. Automatic Renewal

Where a Service operates as a recurring subscription, it may automatically renew for successive billing periods unless cancelled in accordance with the applicable subscription terms. Customers are responsible for managing subscriptions and cancellation through the mechanisms provided by Data Sole, including reviewing the notice period, if any, required to avoid renewal for the next billing period.

Where applicable law requires additional notice or a distinct process before an automatically renewing subscription can lawfully renew, Data Sole will follow that process for the customers to whom it applies.

7. Pricing Changes

Data Sole may change its pricing, introduce new charges or modify existing service plans. Where appropriate, customers will receive reasonable notice before material pricing changes affecting an existing recurring subscription take effect.

Continued use after a pricing change becomes effective constitutes acceptance of the revised pricing, subject to applicable law. Where a customer does not wish to accept a pricing change, the customer’s remedy is to cancel the affected subscription before the change takes effect, in accordance with Section 6.

8. Payments

Customers must maintain a valid payment method where required. Data Sole may use authorised third-party payment processors, and by providing payment details, customers authorise Data Sole and its payment processors to charge the applicable fees to the payment method provided.

If payment cannot be collected, Data Sole may restrict, suspend or terminate affected Services after any applicable notice or grace period. Customers remain responsible for outstanding charges incurred before suspension or termination, and Data Sole may pursue recovery of unpaid amounts through appropriate means, including engaging a debt-recovery agency where reasonable attempts to collect payment directly have been unsuccessful.

9. Refunds and Credits

Fees are non-refundable except where:

• Data Sole expressly states otherwise;
• A Service Level Agreement provides service credits;
• Data Sole approves a refund; or
• A refund is required by applicable law.

Service credits, where available, are governed by the applicable Service Level Agreement and do not automatically constitute cash refunds. Service credits are typically applied against future charges and are not exchangeable for cash except where required by applicable law.

Nothing in these Terms excludes statutory rights that cannot lawfully be excluded, including any statutory cancellation or refund rights available to consumers under applicable consumer-protection legislation.

10. Acceptable Use

Customers must use Data Sole Services lawfully and responsibly. Customers must not use the Services to:

• Conduct unlawful activities;
• Distribute malware, ransomware or malicious software;
• Gain unauthorised access to systems or accounts;
• Conduct unauthorised vulnerability scanning or attacks;
• Operate botnets or malicious command-and-control infrastructure;
• Conduct phishing or credential theft;
• Facilitate fraud or deception;
• Send unlawful or abusive spam;
• Distribute content that is unlawful under applicable legislation;
• Deliberately interfere with Data Sole infrastructure;
• Circumvent security, resource or usage restrictions;
• Mine cryptocurrency where specifically prohibited by the applicable Service;
• Infringe intellectual-property rights; or
• Use Data Sole infrastructure in a manner that creates an unreasonable security or operational risk.

Data Sole may maintain a separate Acceptable Use Policy (AUP) containing more detailed requirements, including requirements specific to particular Services such as email sending, outbound network scanning, or the operation of publicly accessible endpoints. The AUP is incorporated into these Terms by reference, and a breach of the AUP is treated as a breach of these Terms.

10.1 Reporting Misuse

Data Sole provides a channel through which third parties may report suspected misuse of the Services, such as abuse originating from a customer’s infrastructure. Data Sole investigates credible reports and may take action under Section 17 where a violation of this Section or the AUP is identified, including where the customer was unaware that its infrastructure had been compromised or misused by a third party.

A customer whose infrastructure has been identified as a source of abuse is expected to cooperate with Data Sole’s investigation and to take prompt remedial action, such as patching a compromised system or removing malicious content, once notified. Continued abuse following notification, or a failure to cooperate with a reasonable investigation, may result in suspension under Section 17.

11. Customer Content

Customers retain ownership of files, applications, databases, software and other content that they upload to or create through Data Sole Services (“Customer Content”).

Customers grant Data Sole the limited rights necessary to host, transmit, reproduce, back up and otherwise process Customer Content solely as necessary to provide, secure and operate the Services and fulfil applicable legal obligations. This licence is limited in scope and purpose, and does not grant Data Sole any right to use Customer Content for its own independent commercial purposes, such as marketing or training a general-purpose model, unless the customer separately and explicitly agrees to that use.

Data Sole does not acquire ownership of Customer Content merely because it is stored on Data Sole infrastructure. Customers are solely responsible for the legality, accuracy and appropriateness of their Customer Content, and for ensuring they hold all necessary rights and permissions to store and process it using the Services.

12. Customer Responsibilities

Customers are responsible for:

• Their applications and workloads;
• Customer Content;
• User permissions;
• Appropriate backups where required;
• Operating-system and application configuration where customer-managed;
• Security of customer-managed software;
• Compliance with applicable legislation;
• Obtaining appropriate licences and permissions; and
• Ensuring they have lawful authority to process information using the Services.

Responsibilities may vary depending on whether a Service is managed, partially managed or customer-managed. Section 13 sets out the general shared-responsibility framework that applies across Data Sole Services, and Appendix B provides an illustrative, non-exhaustive reference table.

13. Cloud Security and Shared Responsibility

Cloud security may operate according to a shared-responsibility model. Data Sole is responsible for security controls relating to infrastructure and components under its control, such as physical data-centre security, host hardware and the underlying network fabric.

Customers remain responsible for components under their control, which may include operating systems, applications, passwords, identities, permissions, encryption configurations, databases and Customer Content. The exact division of responsibilities depends on the Service purchased: a fully managed platform service shifts more responsibility to Data Sole, while an unmanaged virtual machine leaves the great majority of configuration and security responsibility with the customer.

Appendix B sets out an illustrative reference table showing how responsibility typically divides across common categories of infrastructure and configuration. Where a specific Service description states a different division of responsibility, that description takes precedence over the illustrative table.

14. Backups

Unless a Service expressly includes managed backup, customers are responsible for maintaining appropriate backups of important information. Data Sole may provide backup, snapshot and disaster-recovery features, but customers should not assume that every Service is automatically backed up.

No backup system can guarantee recovery in every circumstance. Customers using a Data Sole backup feature are encouraged to periodically test their ability to restore from backup, and to maintain independent copies of critical information where the consequences of loss would be severe.

15. Service Availability

Data Sole aims to maintain reliable and resilient Services. However, Services may occasionally be unavailable because of:

• Scheduled maintenance;
• Emergency maintenance;
• Hardware or software failure;
• Telecommunications failure;
• Cybersecurity incidents;
• Third-party provider failures;
• Internet disruption;
• Force majeure events; or
• Circumstances reasonably outside Data Sole’s control.

Specific availability commitments, if applicable, will be defined by the relevant Service Level Agreement (SLA). Where no SLA applies to a Service, no specific uptime percentage or availability commitment should be inferred from this Section, which describes general categories of disruption rather than a guarantee of any particular level of availability.

16. Maintenance and Service Changes

Data Sole may maintain, update, replace or modify infrastructure and Services where reasonably necessary for security, performance, reliability, legal compliance or product development. Where reasonably practicable, Data Sole will schedule maintenance likely to cause disruption during periods designed to minimise impact, and will provide advance notice of planned maintenance through the customer portal or another appropriate channel.

Data Sole may discontinue a Service or feature. Where reasonably practicable, customers materially affected by a planned discontinuation will receive advance notice, allowing time to migrate to an alternative Service or export relevant Customer Content before the discontinuation takes effect.

17. Suspension

Data Sole may immediately restrict or suspend Services where reasonably necessary to:

• Protect infrastructure or other customers;
• Respond to a cybersecurity incident;
• Prevent unlawful activity;
• Address an Acceptable Use Policy violation;
• Prevent fraud;
• Respond to an emergency;
• Comply with a legal requirement; or
• Prevent significant technical or operational harm.

Data Sole may also suspend Services for non-payment in accordance with applicable billing terms. Where appropriate and legally permitted, Data Sole will provide notice and an opportunity to resolve the issue; however, where the risk is urgent — for example, active exploitation of a vulnerability or ongoing distribution of malware — Data Sole may suspend the affected Service immediately and provide notice as soon as reasonably practicable afterwards.

A suspension under this Section is a temporary measure intended to address the specific issue identified, and does not, by itself, terminate the underlying account or Service. Data Sole will restore access promptly once the issue giving rise to the suspension has been resolved, subject to any applicable reinstatement conditions.

18. Termination

Customers may terminate Services using the applicable cancellation procedure. Data Sole may terminate an account or Service for material breach of these Terms, repeated non-payment, serious misuse, unlawful activity or another legitimate reason permitted by the agreement or applicable law.

Following termination, access to Services and Customer Content may cease. Customers should export information they require before terminating Services, and should not assume that Customer Content will remain accessible for any period after termination beyond what is described in Section 19.

Termination of a Service does not relieve a customer of the obligation to pay fees properly accrued before the effective date of termination.

19. Data Following Termination

Following account or Service termination, Customer Content may be retained temporarily before deletion in accordance with the applicable service configuration and the Data Sole Data Retention Policy.

Residual information may remain temporarily within protected backup systems until backup rotation and deletion processes are completed. Information may be retained for longer where required by law, regulatory obligations, security investigations or legal proceedings. Customers seeking further detail on applicable retention periods should refer to the Data Sole Data Retention Policy, available on request or via the Data Sole website.

20. Data Protection and Privacy

Data Sole processes personal information in accordance with its Privacy Policy and applicable data-protection legislation. Where Data Sole processes personal data on behalf of a customer, additional terms may be governed by a Data Processing Agreement (DPA).

Customers remain responsible for ensuring that their use of Data Sole Services complies with applicable privacy and data-protection requirements, including obtaining any consents or establishing any other lawful basis required for the personal data the customer chooses to process using the Services.

21. Intellectual Property

Data Sole and its licensors retain all intellectual-property rights in Data Sole technology, software, interfaces, documentation, branding, trademarks, designs and other proprietary materials.

Except where expressly permitted, users must not:

• Copy proprietary Data Sole software;
• Reverse engineer protected technology except where such restriction is prohibited by law;
• Remove copyright or proprietary notices;
• Misrepresent Data Sole intellectual property as their own; or
• Use Data Sole branding without appropriate authorisation.

Nothing in these Terms transfers ownership of any Data Sole intellectual property to a customer. Any licence granted to use Data Sole software or branding is limited to what is reasonably necessary to receive and use the Services, and terminates automatically on termination of the relevant Service.

22. APIs and Developer Services

Customers using Data Sole APIs, SDKs or developer services must comply with applicable technical documentation, authentication requirements, rate limits and security requirements.

Data Sole may restrict API access where usage threatens platform security, stability or availability, including where a customer’s usage pattern is reasonably judged to constitute an unintentional denial-of-service risk to shared infrastructure. API credentials must be protected against unauthorised access, and customers are responsible for activity conducted using their API credentials in the same way they are responsible for activity conducted through their account under Section 3.

23. Third-Party Services

Certain Data Sole Services may integrate with or depend upon third-party software, networks, data centres, payment processors or other providers. Third-party products may be subject to separate licences and terms, which customers should review before relying on the relevant integration.

Data Sole is not responsible for independent third-party products or services beyond responsibilities that cannot lawfully be excluded. Where a Service is materially affected by the failure or unavailability of a third-party provider, Data Sole will use reasonable efforts to mitigate the impact but does not guarantee the availability or performance of third-party products or services outside its control.

24. Warranties

Data Sole will provide its Services with reasonable care and skill where required by applicable law.

Except for express contractual commitments and rights that cannot legally be excluded, Services are provided on an “as available” basis. Data Sole does not guarantee that every Service will be uninterrupted, error-free or suitable for every particular workload or business purpose. Customers are responsible for evaluating whether a Service is fit for their intended use before relying on it for business-critical purposes.

25. Limitation of Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot be excluded under applicable law, such as liability for death or personal injury caused by negligence, or liability for fraud.

Subject to those restrictions and any specific contractual agreement, Data Sole will not be liable for indirect or consequential losses, loss of anticipated profits, loss of business opportunity or similar commercial losses arising from use of the Services.

Any applicable financial liability cap should be specified in the customer’s Service Agreement, Order Form or other applicable contractual terms. Where no such cap is specified in a signed agreement, Data Sole’s aggregate liability arising from or in connection with these Terms shall, to the extent permitted by law, be limited to a reasonable amount reflecting the fees paid by the customer for the affected Service during the relevant period, as further described in the applicable Service Agreement.

26. Indemnification

To the extent permitted by law and applicable contractual arrangements, customers may be responsible for claims, losses or liabilities resulting from their unlawful use of the Services, infringement of third-party rights or material violation of these Terms.

Where a claim of this kind arises, Data Sole will notify the customer promptly and may request the customer’s reasonable cooperation in investigating and, where appropriate, defending the claim.

27. Confidentiality

Where either party receives confidential business, technical or commercial information from the other, that information must be protected using reasonable safeguards and must not be improperly disclosed.

This obligation does not apply to information that is lawfully public, independently developed or required to be disclosed by law. Where disclosure is required by law, the disclosing party will, where legally permitted, give the other party reasonable notice so that the other party may seek a protective measure if it wishes.

28. Compliance with Law

Customers must comply with all laws and regulations applicable to their use of Data Sole Services, including where relevant:

• Data-protection legislation;
• Intellectual-property law;
• Cybersecurity legislation;
• Export and sanctions requirements;
• Consumer-protection legislation; and
• Telecommunications and electronic-communications requirements.

Customers are responsible for determining which laws apply to their specific use of the Services, particularly where they operate across multiple jurisdictions, and for configuring their use of the Services accordingly.

29. Changes to These Terms

Data Sole may update these Terms to reflect changes in Services, technology, security requirements, legislation or business operations.

Material changes may be communicated through the Data Sole website, customer portal, email or another appropriate method. Continued use of the Services after revised Terms become effective may constitute acceptance of the revised Terms where legally permitted. Where a customer does not agree to revised Terms, the customer’s remedy is to stop using the Services and, where applicable, terminate the affected account in accordance with Section 18.

30. Governing Law and Jurisdiction

Unless another written agreement provides otherwise, these Terms are governed by the laws of England and Wales.

Subject to any mandatory rights available to consumers or other parties under applicable law, disputes arising from these Terms shall be subject to the jurisdiction of the courts of England and Wales.

31. General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue to apply, and the invalid or unenforceable provision will be treated as modified to the minimum extent necessary to make it valid and enforceable, consistent with its original intent.

Failure by Data Sole to enforce a provision immediately does not constitute a permanent waiver of that provision. A waiver of any breach of these Terms is not a waiver of any subsequent or continuing breach.

These Terms, together with applicable service-specific agreements, policies, order forms and contractual documents, constitute the agreement governing use of the relevant Data Sole Services. Customers may not assign or transfer their rights or obligations under these Terms without Data Sole’s prior written consent, except as permitted under Section 3. Data Sole may assign or transfer these Terms in connection with a merger, acquisition, reorganisation or sale of assets, subject to appropriate notice where required by law.

32. Contact

Questions regarding these Terms may be submitted through Data Sole’s designated legal, compliance or customer-support channels.

The applicable Data Sole legal entity name, registered office, company registration information and contact details should be displayed on the Data Sole website and relevant contractual documentation.

© 2026 Data Sole. All rights reserved.

Appendix A: Definitions

• “Acceptable Use Policy” or “AUP” means Data Sole’s separate policy setting out detailed requirements for acceptable use of the Services, incorporated into these Terms by reference.
• “Customer Content” means files, applications, databases, software and other content that a customer uploads to or creates through the Services.
• “Data Processing Agreement” or “DPA” means the agreement governing Data Sole’s processing of personal data on behalf of a customer, entered into where Data Sole acts as a processor.
• “Order Form” means a document, whether physical or electronic, recording the specific Services a customer has agreed to purchase, together with any applicable pricing and service-specific terms.
• “Services” means the Data Sole websites, cloud platforms, applications, APIs, infrastructure and related digital services made available to customers.
• “Service Level Agreement” or “SLA” means the document setting out specific availability, performance or support commitments applicable to a given Service, including any associated service credits.
• “Shared Responsibility Model” means the framework under which security and operational responsibility for a given Service is divided between Data Sole and the customer, as described in Section 13.

Appendix B: Shared Responsibility Reference

The table below is an illustrative, non-exhaustive reference showing how responsibility typically divides between Data Sole and the customer across common categories of infrastructure and configuration. It does not modify or override the specific terms of any Service description, SLA or signed agreement, which take precedence where they differ from this table.

Appendix C: Notice Reference Table

The table below summarises, for convenience, the notice arrangements described in the body of these Terms. It is a summary only; the operative terms are those set out in the referenced Sections.