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

  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
  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.
  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.
  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

  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

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

  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).
  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.

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).

  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