Last Updated: March 19, 2023
1. Introduction
1.1 Welcome to Discy, a website and online service owned and operated by PROJECTSTHAT.WORK LTD. (referred to as ‘PTW’, ‘we’ or ‘us’ from here on), A company registered in England and Wales with company number 13429582. These Terms of Service govern your access to and use of Discy websites and services (collectively, the “Service”), so please read them carefully before using the Service.
1.2 By accepting our Terms of Service, you are entering into a binding contract with PTW during your subscription to our Service. If you are entering into this contract on behalf of an entity, you represent that you have the right, authority, and capacity to bind such entity to this contract. In any event, references herein to “you” or “your” means you or such entity (as the case may be).
1.3 The Terms of Service are bound to all information and services provided to you on this website. Your agreement with PTW includes the Terms of Service, Privacy Policy and Cookie Policy (together Agreements). Please carefully read these Agreements and if you have any questions, please email us at tim@discy.ai.
2. Changes to the Terms of Service
2.1 PTW reserves the right to make changes to the Agreements. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. By continuing to use the Service after getting notified about the changes, you are expressing and acknowledging your acceptance of the changes. If you do not agree to the changes, please kindly unsubscribe from our Service. Otherwise, the new terms will apply to you.
3. Definitions
3.1 Service: means the functionality of Discy that you can reach by visiting and using our website at www.discy.ai and any of its subdomains (e.g. app.discy.ai). It allows you to create and share discovery projects, organize your discovery content, and categorise and analyse your discovery content.
3.2 Content: means any qualitative data, such as analysis categories, interview details, interview questions, survey data, comments, notes and quotes or any other content that you enter or upload to Discy.
3.3 Service Plan: a set of functionalities that PTW has agreed to provide. Each Service Plan has its own name and different prices may be charged for different Service Plans.
4. Our Responsibilities
4.1 Provision of the Service
PTW will make the Service and your Content in the Service available to you according to these Terms and provide reasonable technical support for the Service to users of paid Service Plans. We shall respond to such enquiries utilizing the following channels as soon as reasonably possible: built-in notification application within the Service, or e-mail (tim@discy.ai). Responding to enquiries of users who are not subscribed for a paid Service Plan may be less expedient or may not occur at all.
4.2 Protection of your data
PTW will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of your data, including both your personal data and the Content you create in the Service.
4.3 We take the privacy of our users seriously. Our Privacy Policy at www.discy.ai/privacy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs how we collect, use, and disclose your personal information and Content.
5. Login
5.1 You must provide your name, a valid email address, and any other information requested to complete the signup process.
5.2 Your login details may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
5.3 You are responsible for maintaining the security of your account and password. PTW cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5.4 You are responsible for all content posted and activity that occurs under your account.
5.5 You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be removed.
5.6 One person or legal entity may not maintain more than one free account.
6. Content and Licences
6.1 Private User Content: The Service offers several ways to share, or not share, your Content with others. By default, the content you create or upload in the Service is Private User Content and is available only to you, and other users you decide to share it with.
6.2 Licences you grant to other Users:
(a) Private User Content: Content designated as Private User Content will not be available to the public. Rather, it will be available to you, and to those users of the Service (referred to as “Collaborators”) with whom you have chosen to share the Content. You hereby grant to each Collaborator a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, and display, distribute, and transmit your Private User Content. This license ends when you delete the Content or your account is deleted by you or by us, except to the extent that the Content has been shared with others and those users made a full or partial copy of that Content.
6.3 Licences you grant to PTW:
(a) To provide you with our Service, we need to gain certain licenses from you. We need the right to use, host and store your Content in order to be able to store it on our servers and make it available to you when you want to use it.
(b) You will also provide us with the right to reproduce, modify or create derivative works from your Content. We won’t be modifying your Content, we need these rights, for example, to be able to share your discovery projects with other users whom you share your Content with (reproduce, distribute, or transmit) or to reformat ingested survey data to work most efficiently with the Service (modify or create derivative works).
(c) You will also provide us with a right to publicly perform or display your Content to allow us to display the material on any party’s monitor who is not the copyright holder of that material.
(d) You hereby grant to PTW (and its successors and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content solely for the purpose of providing you, and those with whom you have shared your Content, with the Service.
(e) This license ends when you delete your Private User Content or your account is deleted by you or by us, except to the extent that your Private User Content has been shared with others and those users made a full or partial copy of that Content. PTW makes no claim of ownership to your Content and obtains no rights to your Content other than as provided for herein.
6.4 We reserve the right to remove any content or information that might infringe or violate someone else’s rights or otherwise violates the law.
7. Subscription and Payment
7.1 The Service is offered with a trial period. The trial period gives you access to all the features of the Service. After the trial period is over you may keep using all the features by upgrading to a chargeable Service Plan.
7.2 Right to request access: This is the right to obtain from us a copy of the personal information which we hold about you. By subscribing to a Service Plan, you shall be deemed to have agreed to and accepted liability for the payment of all fees associated with the respective Service Plan. The same applies in a situation where you permit or cause yourself to be designated as the payer for someone else’s subscription.
7.3 The default billing cycle for any chargeable Service Plan is monthly (i.e., you are charged for the Service monthly), starting on the day immediately following your subscription to the respective Service Plan, or, if a free trial period has been granted to you, on the day immediately following such trial period.
7.4 Payment for the Service is due in advance by the first day of each billing cycle and should be performed by credit card unless otherwise agreed. You shall ensure that sufficient funds are available on the relevant account and acknowledge that late payment may result in the suspension of Service or cancellation of the Agreement.
7.5 All payments for the Service are handled by a third-party payment gateway. PTW is not responsible for the processing of customers’ payments and shall not be liable for any matter in connection therewith.
7.6 PTW may change the fees, rates and the billing cycle applicable to your Service Plan upon a month’s notice. Such notice may be provided at any time by posting the changes to the Discy website or the Service itself. If you do not agree with the respective change(s), your sole and exclusive remedy shall be to unsubscribe from the Service Plan in question. If you remain subscribed to your Service Plan after any such change(s), it shall constitute your consent to the respective change(s).
7.7 Any upgrade or downgrade in Service Plan level will result in the new rate being charged at the next billing cycle. There is no prorating for downgrades in between billing cycles.
7.8 Downgrading your Service may cause the loss of features or capacity of your account. PTW does not accept any liability for such loss.
7.9 PTW offers an unconditional 30-day money back guarantee, should you become dissatisfied with our services within the first 30 days of subscribing for a chargeable Service Plan. The 30-day money back guarantee applies only to the start date of the clients’ usage of the Service Plan and does not apply to renewals of a Service Plan. Refunds are not available after 30 days of using a Service Plan.
7.10 Prepayments for future billing cycles are non-refundable. Upon upgrading or downgrading a Service Plan, a prepayment made for the original Service Plan will be applied against the amounts payable for the new Service Plan.
8. Acceptable Use
8.1 You agree not to do any of the followings while using our Service:
(a) bully, abuse, harass, stalk, demean, threaten, impersonate, intimidate or discriminate anyone;
(b) avoid, bypass, remove or circumvent any technological measure implemented by PTW;
(c) transmit any worms or viruses or any destructive code;
(d) use the Service for any illegal or unauthorized purpose.
9. Terminating your account
9.1 You may terminate your account and the Agreements between you and PTW by emailing us at tim@discy.ai. By deleting your account all your personal data, session plans and all Content will be deleted. Please bear in mind that your Content might not be removed from our servers at the time of termination. Residual copies of your deleted Content might be kept for backup purposes however we do make sure not to keep them for longer than 30 days after terminating your account.
10. Modifications to the Service
10.1 We reserve the right to modify the Service or any part or element thereof any time with or without prior notice, including, without limitation:
(a) rebranding the Service at our sole discretion;
(b) ceasing providing or discontinuing the development of any particular part or element of the Service temporarily or permanently;
(c) taking such action as is necessary to preserve our rights upon any use of the Service that may be reasonably interpreted as a violation of PTW’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.
10.2 As applicable, we will notify you about such modifications either through the user interface, in an email notification, or through other reasonable means.
10.3 Your continued use of the Service, or any part or element thereof, after the effective date of a modification, shall indicate your consent to the modifications. We shall not be liable to you or to any third person for any modification, suspension or discontinuance of the Service, or any part or element thereof.
11. PTW’s intellectual property
11.1 The Service provided by PTW contains elements owned by PTW. The Service and its elements are copyright protected therefore you will not remove, alter, conceal, reproduce, modify, adapt, publish, transmit, distribute, sell, license, duplicate or in any other ways exploit the Service and its elements. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from PTW.
12. Limitation of Liability
12.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We are doing our best to keep our Service properly running 24/7, however, PTW does not warrant that the Service will be continuously and unrestrictedly available or that the Service is free of software viruses or bugs. Furthermore, we are using third party services to provide the necessary hardware, software, networking, and storage functionality in order to keep our Service up and running. Some technical breakdowns might occur in our third-party services, which is out of our control. To the fullest extent permitted by law, in no event will PTW, its shareholders or employees be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages arising out of the use or inability to use the Service. Furthermore, you agree that PTW has no responsibility or liability for the deletion of, or the failure to store or to transmit any Content and other communications maintained by the Service.
13. Indemnification
13.1 You shall defend PTW against any claim, demand, suit or proceeding made or brought against PTW by a third party alleging that your Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify PTW for any damages finally awarded against, and for reasonable attorney’s fees incurred by, PTW in connection with any such claim, demand, suit or proceeding; provided, that PTW:
(a) promptly gives you written notice of the claim, demand, suit or proceeding;
(b) gives you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases PTW of all liability); and
(c) provides to you all reasonable assistance, at your expense.
14. Severability
14.1 If any provision of the Agreements becomes partly illegal or unenforceable, the other provisions will remain in force. We are going to make sure that any void provisions will be replaced by valid provisions that correspond with the remaining part of the Terms of Service.
15. Agreement
15.1 These Terms of Service together with the Privacy Policy constitute the entire agreement between you and PTW with regards to the rules of using our Service.
16. Jurisdiction and Applicable Law
16.1 The Agreements are subject to the laws of England and Wales.
16.2 You hereby agree that an English court will have exclusive jurisdiction to proceed over any disputes or claims related to the use of our Service or breaching any of the Agreements.
17. Disclosures
17.1 The service above is offered by PROJECTSTHAT.WORK, a company incorporated under the laws of England and Wales.
