Faraday User Terms

Last Updated: 15th January 2020

We are Faraday. We are registered as a company under the name FF Faraday Limited (company registration number 12181313) at Founders Factory, Northcliffe House, Young Street, London, England, W8 5EH.

To contact us, please email hello@getfaraday.com. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.

When we use the words "writing" or "written" in these terms, this includes emails.

What’s in these terms? 

To help you find what you are looking for, we have divided this page into two parts which you can access by clicking on the links below. These are:

Part 1: Terms of Use, which apply when you access and use our website.

Part 2: Service Terms, which apply to any services you receive from us.

Please read these terms carefully before using Faraday. We reserve the right to change and update these terms from time to time. We recommend that you revisit this page regularly to keep yourself informed of the terms.

Part 1. Website Terms of Use

  • When you access and use this website (our "Site"), these terms apply. By using our Site, you accept and agree to comply with these terms. If you do not agree to these terms, please don't use our Site. If you subscribe to Faraday, the Service Terms will also apply.

    1. How we collect and use information about you
  • Where we process personal data we will do so in accordance with our Privacy Notice.

    2. Your access to the Site
  • Our Site is made available free of charge and we don't guarantee that the Site, or any content on it, will always be available or uninterrupted. We are not liable for any unavailability. We may suspend, withdraw, or restrict the availability of all or any part of our Site, and update and change our Site for any reason.
  • Certain features offered may require you to open an account. You are responsible for keeping your account information and password secret, so please don't share it with anyone. You are responsible for all activity that occurs under your account. This means you may be liable for costs or losses caused by someone else using your account.
  • Please tell us immediately if any use of your account was not authorised (our contact details are at the beginning of this document). 

    3. Acceptable use of the Site
  • The Site contains materials which are subject to our intellectual property rights or those of others. When accessing the Site, you must only do so for lawful purposes and you must ensure that you act in accordance with the rules set out below. In particular you must not:
  1. frame, scrape, or extract data from the Site, or link to any part of the Site other than as described in paragraph 6 below;
  2. attempt to gain unauthorised access to the Site, the server on which it is hosted or any other server, computer or database connected to the internet;
  3. change any paper or digital copies of any materials sourced from the Site, or use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text;
  4. use any of the content on the Site for commercial purposes without our written permission; or
  5. remove or hide or change any copyright, trade mark (whether registered or unregistered), or other proprietary rights notices from the Site or the materials made available through it.

    4. Content on the Site
  • We try to ensure that the information on the Site is current and accurate, but we don’t guarantee this. Any information on the Site 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 deciding not to take, any action on the basis of the information on the Site. If you would like to discuss any of the information on the Site, please email hello@getfaraday.com. To the extent permitted by law, we disclaim all responsibility and liability for the accuracy or completeness of the content and information displayed on our website, and for any loss or damage arising because you've relied on the materials on the website.
  • Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We don’t have any control over the content of those websites or resources. You should therefore not interpret it as approval by us of those linked websites, or any information you may obtain from them. Other sites will also have their own terms—it is important that you check the terms of those other sites to ensure that you are happy to accept them before using them.
  • We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your devices used to access the Site and we recommend that you use up-to-date virus protection software.

    5. Our responsibility for loss suffered through your use of the Site
  • These terms do not exclude or limit our liability, and we will remain liable to you for those losses that it isn't lawful to exclude or limit. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.
  • We limit and exclude our liability to you as follows:
  1. We exclude all implied conditions, warranties, representations, or other terms that may apply to the Site or any content on it to the full extent permitted by law.
  2. 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, and whether or not contemplated by you and/or us, arising under or in connection with: (i) use of, or inability to use, the Site; or (ii) use of, or reliance on, any content obtained through the Site.
  3. We will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) any loss of or damage to data; (v) loss of business opportunity, goodwill, or reputation; or (vi) any special, indirect, or consequential loss or damage.
  4. In the event that we are liable to you, our liability will not exceed £100 per event up to a maximum liability of £500 in aggregate.
  • Different limitations and exclusions of liability will apply to the supply of any other service by us to you, the terms of which will be set out in a separate agreement between us and you (for example our Service Terms where you take out a Faraday subscription).

    6. Rules about linking to the Site
  • You may link to the Site home page, as long as you do so in a fair and legal way and do not do so in a way which could damage our reputation or take advantage of it. You must not link to any subpages, or any password-protected area of the Site, or make any direct links to files which are made available through the Site.
  • You must not:
  1. establish a link which suggests any association, approval, or endorsement on our part unless we have given you written permission;
  2. insert links to the Site on any other site which contains content which is illegal, infringes any rights (such as the intellectual property rights of another person), or contains any adult content; or
  3. establish a link to the Site on any site that is not owned by you.
  • We can cancel any linking permission at any time and object to any such links and require you to remove them. If you wish to link to or make any use of content on the Site other than that set out above, please email hello@getfaraday.com.

    7. Which country’s laws apply to any disputes?
  • These terms and our relationship with you are governed by English law. You agree that the courts of England will have exclusive jurisdiction. We may bring proceedings against you in any court anywhere in the world, particularly in circumstances where our intellectual property rights may be being infringed, or we are seeking emergency relief such as an injunction.

    Part 2.Service Terms

    1. Our contract with you
  • These are the terms on which we make Faraday available to you. Please read these terms carefully before you use Faraday. 
  • You will be required to create an account before being able to use our Services. To use our Services, simply browse through the options featured and select the Service that you wish to proceed with. If you do not select our Research or Pro subscriptions then you will automatically have access to our Base service which is free. Charges do apply, however, to tests run using our Base Service.
  • If you select a Research or Pro subscription then your subscription will be final when you click on the button marked "Confirm and Pay". By taking out a subscription, you are requesting that we provide the Service as soon as is reasonably practicable.
  • Our acceptance of your Research or Pro subscription will take place when we assign the subscription to your user account, at which time a contract will come into existence between you and us on these Service Terms. Our acceptance will only relate to the Services listed in your account. If we do not accept your Research or Pro subscription, we will inform you of this and will not charge you for the Service.
  • Invoices for your monthly transactions will be shown in the transactions screen of your account. To cancel your subscription please email support@getfaraday.com with your username and account details. You can cancel your subscription at any time and we will stop payments from the next month onwards.

    2. Our Services
  • We hereby grant to you during the term of your subscription a limited non-exclusive licence to use our Service solely in accordance with this Contract. This licence is non-transferable, irrevocable (except as set out at clause 6), non-sublicensable and will be fully paid up upon your payment in accordance with clause 9.
  • There may be times when we need to suspend access to a Service, for example for maintenance purposes. We may also need to make changes or updates to a Service from time to time. We will try to give you notice of any suspension and any changes or updates.
  • Limited Warranties: The Service is provided "as is" to the fullest extent permitted by law, except as expressly stated in this contract, neither you nor we make any warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use or non-infringement. You are responsible for using the Service in accordance with the terms of this contract and backing up any data stored within the Service.
  • Any images of the Service on the Site are for illustrative purposes only and the Service provided may vary from any such pictures. You agree not to share images, screen captures, or other audiovisual media showing our Service unless approved in writing by us.
  • You are responsible for any use you make of our Service, including (but not limited to) ensuring that any use is compliant with all local laws and regulations.
  • Before providing the Service, we may require you to verify that you own or control the Internet domain names you use with the Service. If you do not own or control the Internet domain names you use with the Service, then we will have obligation to provide you with our Service.
  • We will ask you to create a username and password on signing up to our Service. You are responsible for keeping your credentials secure. You are responsible for all activity that occurs using your credentials, which means you may be liable for costs or losses caused by someone else using your credentials. Please tell us immediately if any use of our Services was not authorised (our contact details are at the beginning of this document).

    3. Our rights to change the Service
  • We may change our Service to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements (for example to address a security threat, or implement a minor improvement to an existing function). These changes will not materially affect your use of our Service or its intended use or function. 
  • If we are planning to make more significant changes to our Service then we will contact you in advance.

    4. Providing the Service
  • When we talk about providing our Service, we mean beginning the provision of our Service. We will make a Service to which you have subscribed available as soon as is reasonably practicable after you complete your subscription and your payment has been processed, until the subscription expires (if applicable), or you end the contract as described in clause 6 or we end the contract with you as described in clause 7.
  • If the provision of our Service is delayed by an event outside our control, we will contact you to let you know. We will not be liable for delays outside our control, but you may be entitled to end the contract under clause 6.
  • We may suspend your access to our Service if you do not pay us when you are supposed to do so, or if you breach any term of the contract.

    5. Beta testing
  • We may provide you with 'beta' versions of our Service which we are developing or launching. You acknowledge that such versions may still contain errors and defects, may not be stable, and are not suitable for anything other than use in order to test the Service. Any trial or beta may only be available for a short period of time and we reserve the right to withdraw any trial or beta access to a Service at any time without notice to you. You agree that we may use any suggestions or feedback you give to further develop our Services, or for any other reason.
  • We do not guarantee saved files or other data used as part of our Service will be retained or be accessible following subsequent updates or otherwise.

    6. Your right to end the contract
  • You can cancel your subscription at any time and we will stop payments from the next month onwards. To cancel your subscription please email support@getfaraday.com with your username and account details. 
  • You can end your contract with us immediately if we:
  1. (other than in respect of updates made to features provided on a beta or evaluation basis) have told you about an upcoming significant change to the product (or the terms applicable to it) which you do not agree to;
  2. have suspended supply of the product (other than as a result of your default) for a period of more than twenty-eight (28) days, as long as we have not reinstated your access to the product at the time you tell us you wish to end the contract;
  3. are in material breach of our contract with you, and you have exhausted any remedies available to you under clause 8; or
  4. cease our business operations or become subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days.

If you end the contract under (b) above, we will provide you with a pro-rata refund for any period of use paid for but not received. We will make any refunds due to you as soon as reasonably practicable.

7. Our right to end the contract

  • We may end our contract with you at any time by writing to you if you:
  1. are in breach of clause 13;;
  2. are in material breach of this Contract and fail to cure that breach within thirty (30) days of a written notice; or 
  3. cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days.

    8. If there is a problem with Faraday
  • If you have any questions or complaints, please contact us. Please email us at hello@getfaraday.com to discuss the issue.

    9. Price and payment
  • The price of our subscriptions will be as quoted on our Site from time to time. Some of our Services will only charge you for the advertising costs and a running fee for tests. This will be made clear to you beforehand. Prices displayed do not include VAT or other applicable taxes or levies, except where specified. 
  • We accept payment on the Site through our payment processor which accepts most major credit and debit cards. You must pay for your subscription before you will be allowed to access the relevant service. Payment for the next month of your subscription will be taken automatically on the day of the month that you took out the subscription.
  • Invoices for your monthly transactions will be shown in the transactions screen of your account. To cancel your subscription please email support@getfaraday.com with your username and account details. You can cancel your subscription at any time and we will stop payments from the next month onwards.
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We are entitled to change our subscription prices from time to time but we will tell you of the increase in advance and the change will only apply from the next renewal. You are entitled to cancel the renewal before the change takes place.

10. Indemnification

In this clause 10, "Claim" means a claim by a third party, including a regulatory penalty.

You will indemnify us, defend us and hold us harmless from and against all liabilities, damages and costs (including settlement costs and reasonable legal fees) arising out of any Claim against us regarding: (a) your breach of clause 12; (b) the Internet domain names you use with the Service; or (c) your use of our Service in violation of this Contract.

We will indemnify you, defend you and hold you harmless from and against all liabilities, damages and costs (including settlement costs and reasonable legal fees) arising out of any Claim against you to the extent based on an allegation that our technology used to deliver our Service to you infringes or misappropriates any intellectual property of a third party. In no event will we have any obligations or liability under this section arising from: (a) use of our Services in a modified form or in combination with materials not furnished by us; and (b) any content, information or data provided by you or third parties.

If we believe that our Service infringes or may be alleged to infringe a third party's Intellectual Property Rights, we may: (a) obtain the right for you, at our expense, to continue using the Service; (b) provide a non-infringing functionally equivalent replacement, or (c) modify the Service so that it no longer infringes. If we do not believe the options described in this section are commercially reasonable, we may suspend or terminate your use of the affected Service, with a pro-rata refund of prepaid fees for the Service.

The Party seeking indemnification will notify the other Party promptly of the Claim and cooperate with the other Party in defending the Claim. The indemnifying Party will have full control and authority over the defence, except that: (a) any settlement requiring the Party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (b) the other Party may join in the defence with its own legal representation at its own expense. The indemnities above are our and your only remedy under the agreement for violation by the other party of a third party's intellectual property rights.

11. Our responsibility for loss or damage

  • These terms shall not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.
  • If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that was not foreseeable (except as required by mandatory law). Loss or damage is 'foreseeable' for these purposes if it was obvious at the time of the contract that it would happen as a result of our default.
  • We shall have no liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, sales, business, revenue, or anticipated savings, business interruption, loss of business opportunity, loss of or damage to reputation or goodwill, or loss or corruption of data or information. We shall have no liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss.
  • Our maximum aggregate liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in all circumstances be limited to the greater of: (i) £500 or (ii) a sum equal to 100% of the fees paid by you in consideration of the provision of the products in the year preceding the cause of action arising.

    12. Our Use of Personal Data
  • In this clause 12, "Data Protection Law" means any and all applicable data protection laws including 
  1. EU Regulation 2016/679 (the GDPR); 
  2. EU Directive 2002/58/EC (the e-Privacy Directive); and
  3. any and all applicable national data protection laws, including laws made under (a) or (b).
  • controller”, "processor", "data subject", "supervisory authority", "personal data" and "processing" (and "process") have the meanings given in Data Protection Law.
  • You appoint us as a processor to process the personal data necessary for our provision of the Service (the "Data") for the purpose of providing that Service (or as we otherwise agree in writing) (the "Permitted Purpose"). We will each comply with the obligations that apply to us under Data Protection Law. You will provide data subjects with the privacy information required to be provided to data subjects under Data Protection Law. We will promptly let you know if we become aware that processing for the Permitted Purpose infringes Data Protection Law.
  • You agree that, as a controller, you will:
    (a) register with, and pay any associated fees imposed by, the appropriate supervisory authority; and 
    (b) will provide data subjects with the information required under Data Protection Law to be provided to data subjects. If you are only using the Data for undertaking direct email marketing then you may, but will not be obliged to, use the template we provide entitled “Template Customer Terms and Privacy Notice” for this purpose. If you use the Data for additional purposes, you will use your own privacy notice.
  • We will only transfer Data outside of the European Economic Area (EEA) if we have taken the necessary measures to ensure that the transfer is compliant with Data Protection Law.
  • We will make sure that anyone we authorise to process the Data (an "Authorised Person") protects the Data in accordance with our own duty of confidentiality.
  • We will implement technical and organisational measures to protect the Data from accidental or unlawful destruction and loss, alteration, unauthorised disclosure of, or access to, the Data (a "Security Incident").
  • You consent to us engaging third party sub-processors to process the Data for the Permitted Purpose provided that we: 
  1. maintain an up-to-date list of our sub-processors at getfaraday.com/processor-list, which we will update with details of any changes at least 10 days before that change;
  2. impose data protection terms on any sub-processor that we appoint that require it to protect the Data to the standard required by Data Protection Laws; and
  3. remain liable for any breach of this clause 11 that is caused by an act, error or omission of our sub-processor.
  • You may object to our appointment or replacement of a sub-processor before its appointment or replacement, as long as your objection is based on reasonable concerns relating to data protection. You may suspend or terminate your contract with us in those circumstances.

We will help you (where reasonable) on a timely basis in responding to requests from data subjects to exercise their rights under Data Protection Laws or other correspondence, enquiries or complaints received from data subjects, regulators or third parties that relates to our processing of the Data. If we receive a request of this kind directly from a data subject then we will let you know promptly and will provide you with full details of the same. We will also help you (where reasonable) with legally-required data protection impact assessments. The help described in this paragraph will be provided at your expense.

If we become aware of a confirmed Security Incident then we will let you know without undue delay and will provide reasonable information and help to you so that you can meet any data breach reporting obligations you might have under Data Protection Law. We will also take steps to remedy or mitigate the impact of the Security Incident and will keep you informed of material developments.

We will either (at your choice) destroy or return to you the Data that is in our control when your contract with us comes to an end. We will not do this, however, in relation to Data that we have to keep by law or Data that we have archived on back-up systems (which we will securely isolate and protect from any further processing except to the extent required by law until deletion is possible).

  • If you ask for it, we will provide any information that you need to show compliance with Data Protection Laws and will allow and contribute to audits including inspections by you in relation to the processing of the Data. You must give us no less than 30 days' written notice of any audit or inspection specifying the reason for and scope of the audit (unless a regulator requires the audit, in which case you must give us as much notice as you can) and do your best to minimise any disruption to us in doing so. The information described in this paragraph will be provided at your expense.

    13. Your Use of the Service
  • When using the Service, you must only do so for lawful purposes and you must ensure that you act in accordance with the rules set out below. In particular, you must not:
  1. upload content that contravenes any rules or requirements set by the platform to which the content will be posted;
  2. upload or distribute any content that:

    a ) is unlawful or otherwise objectionable. This includes (but is not limited to) content that is abusive, threatening, harassing, defamatory, explicit, or fraudulent, or that is intended to promote or incite violence, or impersonate other people;
    b) you do not have the right to publish, such as any copyright material owned by someone else;
    c) contains another person's personal data;
    d) contains viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks, or attack our website through a denial-of-service attack, or similar;

    3. post links to other websites containing any of the above types of content; or
    4. attempt to gain unauthorised access to the Service, the server on which it is hosted or any other server, computer or database connected to the internet.

In addition to your obligation under clause 12 to provide individuals with the privacy information required to be provided to data subjects under Data Protection Law, you will provide individuals with your own terms governing individuals' interaction with any advertisements or landing pages in relation to which you use our Service. 

14. Your Content

  • We may, but do not have to, check any content submitted or created by you before or after you have uploaded it to our Service. We may remove, flag or filter anything that we do not think is appropriate without notice or giving reasons.
  • By submitting or creating any content, you allow us to use such content on a worldwide, perpetual basis, and to copy, distribute, sub-license, transmit, publicly display, publicly perform, transmit and reformat all content for any purpose.
  • We do not guarantee that our Service will be secure or free from bugs or viruses. You are responsible for configuring your devices used to access our Service and we recommend that you use up-to-date virus protection software.

    15. Other important terms
  • We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we do this. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
  • This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or agree any changes to these terms.
  • These terms constitute the entire agreement between you and us in relation to our Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement in this agreement.
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not remind you but we continue to provide access to our Service, we can still require you to make the payment at a later date.
  • These terms and our relationship with you are governed by English law. You agree that the courts of England will have exclusive jurisdiction. We may bring proceedings against you in any court anywhere in the world, particularly in circumstances where our intellectual property rights may be being infringed, or we are seeking emergency relief such as an injunction.

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