This Agreement governs the use of the PIIQ Software as a Service platform ("the Service") provided by Nearfield.ai ("the Company") to professionals, firms, and enterprises ("the Subscriber") utilising the Service for processing data related to Data Subject Access Requests (DSAR), Freedom of Information Act (FOIA) requests, and general PII detection.
Note: These Terms & Conditions should be read in conjunction with our Privacy Policy.
1. Acceptance of Terms
By accessing, registering for, or using the Service, the Subscriber agrees to comply with and be bound by these Terms & Conditions and the accompanying Privacy Policy. If the Subscriber does not agree to these terms, they must not use the Service.
2. Description of Service
The Service provides a cloud-based, AI-powered platform for the automated identification, contextual analysis, and compliant redaction of Personally Identifiable Information (PII) within unstructured data assets, specifically designed to streamline the fulfillment of DSAR and FOIA requests. Access is granted exclusively under these terms.
3. User Accounts, Registration, and Credentials
3.1. Registration
Subscribers must provide accurate, current, and complete account and contact information during the registration process.
3.2. Security
The Subscriber is solely responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. The Company must be notified immediately of any unauthorized use or breach of security.
3.3. Professional Use Restriction
The use of the PIIQ App is strictly limited to Compliance Professionals, including Data Protection Officers (DPOs), Human Resources (HR) personnel, and Legal teams who possess appropriate compliance accreditation and relevant experience. By accessing or using the PIIQ App, users represent and warrant that they meet these professional criteria.
This restriction is in place to ensure that all Data Subject Access Requests (DSARs) and Freedom of Information Act (FOIA) requests processed through the App receive proper oversight to comply fully with applicable regulatory requirements, including GDPR.
Use of the PIIQ App by individuals lacking the necessary professional qualifications or experience is expressly prohibited. The App is designed to provide professional support, assistance, and guidance that depend on knowledgeable compliance oversight.
Failure to comply with this clause may result in immediate suspension or termination of access to the App.
4. Subscription, Payment, and Credits
4.1. Subscription Model
Access to the Service requires a valid subscription based on the chosen plan (e.g., Starter, Pro, Enterprise, or Contract).
4.2. Usage Fees (Credits)
Core processing functions (including search, PII detection, and redaction) consume PIIQ Credits. Credits are purchased in tiers/bundles, with the price per operational unit decreasing as the volume purchased increases.
4.3. Payment Terms
Subscription fees and Credit purchases must be paid in advance. The Company reserves the right to suspend or terminate services, or withhold final compliant output files (PDFs) if fees or Credit balances are insufficient.
5. License and Use Restrictions
5.1. Grant of License
The Subscriber is granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service strictly for its internal and client-facing business purposes related to compliance and data request fulfillment.
5.2. Prohibited Activities
The Subscriber shall not:
- (a) reverse engineer, decompile, or disassemble the Service;
- (b) use the Service to process data that violates any third-party rights or laws;
- (c) attempt unauthorised access to any component of the Service or related systems; or
- (d) use the Service for any purpose other than the processing of PII/DSAR/FOIA data.
6. Intellectual Property
All software, visual interface, underlying AI algorithms, trademarks, and methodologies associated with the Service remain the exclusive property of Nearfield.ai. The Subscriber retains all ownership rights to the data they upload (Source Data) and the final output files generated.
7. Data Sovereignty and Security
7.1. UK Data Sovereignty
All data processing, including all AI and LLM operations, takes place exclusively on servers hosted within the United Kingdom (UK Data Centres). This is maintained to support the Subscriber's need for data residency and compliance with UK GDPR regulations.
7.2. Security Measures
The Company implements robust, commercially reasonable security measures, including end-to-end encryption (HTTPS) for data transmission, and physical and logical access controls within the UK data centres to protect Subscriber data against unauthorized access, alteration, or disclosure.
8. Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use or inability to use the Service. The total liability of the Company for any claim shall not exceed the total fees paid by the Subscriber in the twelve (6) months preceding the claim.
9. Governing Law
These Terms are governed by the laws of England and Wales, without regard to its conflict of law principles.
10. Termination
The Service may be terminated by either party with notice as described in the Subscriber's specific service agreement or subscription terms. Upon termination, the Subscriber's access will cease, and data deletion policies (Section 5, Part B of our Privacy Policy) will apply.