Last updated: 9 August 2024. This Privacy Policy describes how your personal information is collected, used, and shared when you visit https://heata.co (the “Site”).
Personal information that we collect When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, location, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies: “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit this page.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
We also collect Personal Information through our interaction with you: This could be via the Forms on our Site but also through interaction with you, where you voluntarily provide us with personal information when you express an interest in obtaining information about us or our products and services, via email, in person, or over the phone. We may also obtain information from third parties or affiliates where there is lawful reason for this information to be shared. Personal information may include your name, contact details (telephone number, email address, physical address), household information (such as household composition or the physical properties of your home), transaction and payment information, information about your energy supplier, or other miscellaneous information collected through survey responses.
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and the Personal Information you voluntarily disclose to us, through our Newsletter Form on our Site and also through any interaction via email, in person, or over the phone. This also includes any Smart Meter data we gather with your consent as part of our trial.
How do we use your personal information? We only process your personal data on a lawful basis and for specified purposes. These include:
Lawful basis: Entering and performing the contract to be a heata host. This includes:
Identifying and selecting eligible hosts, installing our devices and managing ongoing activities with you, and reimbursing you for energy we use in your home.
Lawful basis: legitimate interest. This includes: Device Information that we collect to help optimise our Site, for example, by generating analytics about how our visitors browse and interact with the Site, to gauge its effectiveness. And to support targeted marketing and advertising campaigns, and retargeted advertising, and to assess the success of those marketing and advertising campaigns.
Personal information you provide to us through our Newsletter Form to keep in touch; sending you updates on interesting developments at heata, and potentially some very occasional marketing too, eg. a special offer if we have one.
Personal information you provide to us through other Forms on our site to identify which services you are interested in, to put you in touch with the relevant team at heata, and to contact you with relevant information where appropriate.
Personal information we gather through our other interaction with you, we will use to keep you informed as per what was agreed in the interaction with you, or to send you communications that could reasonably be expected to be relevant to you, given the initial interaction.
Personal information you provide to us by creating an account on our Portal(s), to facilitate the set-up of features of our service, to help us manage the services we undertake for you, and to provide you with information relevant to the services, eg the environmental or social impact of the workloads you may process on the heata network.
The Smart Meter data we gather as part of our trial will be used to enable us to better understand how heata units affect a household's energy consumption, and to obtain SAP (Standard Assessment Procedure) accreditation from DESNZ (UK Government Department for Energy Security & Net Zero) such that heata units can affect housing Energy Performance Certificates.
Sharing your personal information We share your Personal Information with third parties to help us use your Personal Information, as described above. We do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
Third-Party Service Providers We use Google Analytics to help us understand how our customers use the Site.
You can read more about how Google uses your Personal Information here.
We use Mailchimp for our Newsletters. You can view Mailchimp’s Privacy Policy here.
We use Hubspot for Customer Relationship Management. You can view Hubspot’s Privacy Policy here.
We use Memberstack to manage accounts on our user Portal(s). You can view Memberstack’s Privacy Policy here.
We use n3rgy data to interface with the national Smart Meter Systems in order to collect, store and manage Smart Meter data (including energy usage and consumption data) in relation to our trial. This data may be shared with DESNZ (UK Government Department for Energy Security & Net Zero) and BRE (the Building Research Establishment) for the sole purpose of the accreditation process.
n3rgy’s data service uses the Smart Energy Code. You can view n3rgy’s Privacy Policy here. You can view BRE’s Privacy Policy here.
We may also need to process your data or share your personal information in the following situations: Business Transfers We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Affiliates We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Behavioural advertising As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page.
You can opt-out of our targeted advertising (Google AdSense and Adwords) by clicking on this link.
Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt- out portal. Do not track Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Data retention We will keep your personal data for as long as necessary in order to achieve the processing purposes. If you register your interest in being part of an in home trial and are unsuccessful, we will inform you and delete your information at the end of the trial. If you are successful, we will delete your information three months after the trial ends, unless we have reason to retain it for longer. When you sign-up to our Newsletter we will maintain your Personal Information for our records unless and until you ask us to delete this information. To make such a request, please use the contact details provided below.
Your rights You have the following rights in relation to your personal data:
1. To be informed about the personal data we collect, how your personal data is being used, and from whom we collect your personal data when we obtain it from other sources.
2. To access the personal data we hold about you.
3. To request the correction of inaccurate personal data we hold about you.
4. To request the blocking or deletion of your personal data in some circumstances.
5. To request that we port elements of your data either to you or another service provider.
6. To object to us processing your personal data where a) we are relying on a legitimate interest and your rights override that interest; or b) because we are using automated means to make decisions that have a legal or similarly significant effect.
7. To withdraw your consent where we rely on it to process your data.
Some of the above rights only apply in specific circumstances, which depend on the legal basis on which we collected your personal data. To exercise any of the above rights, or if you have any questions relating to your rights, please contact us using the details below. We may require evidence of your identity before we are able to complete your request. In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time. Changes We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
Contact us For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact our Data Privacy Officer at: dpo@heata.co
Or by mail: Heata, Wood Farm, Portsmouth Road, Godalming, United Kingdom, GU7 2JR.
Heata Render Terms & Conditions
Last updated: 20 March 2023. Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the Batch Computing Services and related services shall be governed by these Terms and Conditions.
Definitions 1.1 In these Terms and Conditions:
"Access Credentials" means usernames, passwords and other credentials enabling access to the Batch Computing Services; "Agreement" means a contract made under these Terms and Conditions between the Provider and the Customer; "Authorised Users" means (a) those employees and directors of the Customer; and (b) any third party individual contractor or anyone who is not an employee or director of the Customer, in each case who are authorised to use the Batch Computing Services by the Customer "Batch Computing Services" means 3D rendering services, which will be made available by the Provider to each Customer as a service via the internet in accordance with these Terms and Conditions; "Business Day" means any weekday other than a bank or public holiday in England and Wales; "Charges" means the amounts specified in invoices from time to time; "Customer" means the person or entity identified as such in the Services Order Form; "Customer Data" means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Batch Computing Services by the Customer (but excluding analytics data relating to the use of the Platform and server log files); "Customer Personal Data" means any Personal Data that is processed by the Provider on behalf of the Customer in relation to the Agreement; "Data Protection Laws" means the EU GDPR and the UK GDPR and all other applicable laws relating to the processing of Personal Data; "Documentation" means the documentation for the Batch Computing Services produced by the Provider and delivered or made available by the Provider to the Customer; "Effective Date" means the date upon which the Customer uploads or sends the Provider files for processing using the Services Order Form or other means; "EU GDPR" means the General Data Protection Regulation (Regulation (EU) 2016/679) and all other EU laws regulating the processing of Personal Data, as such laws may be updated, amended and superseded from time to time; "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars); "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs); "Personal Data" means personal data under any of the Data Protection Laws; "Platform" means the platform managed by the Provider and used by the Provider to provide the Batch Computing Services, including any application and database software for the Batch Computing Services, the system and server software used to provide the Batch Computing Services, and the computer hardware on which that application, database, system and server software is installed; "Provider" means Bit Warmer Limited trading as Heata, a company incorporated in England and Wales (registration number 1110428) having its registered office at Wood Farm, Portsmouth Road, Godalming, England, GU7 2JR; "Services" means any services that the Provider provides to the Customer, or has an obligation to provide to the Customer, under these Terms and Conditions; "Services Order Form" means an online order form published by the Provider and completed and submitted by the Customer incorporating these Terms and Conditions by reference; "Support Services" means support in relation to the use of, and the identification and resolution of errors in, the Batch Computing Services, but shall not include the provision of training services; "Supported Web Browser" means the current release from time to time of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Provider agrees in writing shall be supported;"Term" means the term of the Agreement, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; "Terms and Conditions" means all the documentation containing the provisions of the Agreement, namely the main body of these Terms and Conditions and Schedule 1 (Acceptable Use Policy), including any amendments to that documentation from time to time; "UK GDPR" means the EU GDPR as transposed into UK law (including by the Data Protection Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019) and all other UK laws regulating the processing of Personal Data, as such laws may be updated, amended and superseded from time to time; and "User Interface" means the interface for the Batch Computing Services designed to allow individual human users to access and use the Batch Computing Services.
Term 2.1 The Agreement shall come into force upon the Effective Date. 2.2 The Agreement shall continue in force indefinitely, subject to termination in accordance with Clause 16 or any other provision of these Terms and Conditions. 2.3 Unless the parties expressly agree otherwise in writing, each Services Order Form shall create a distinct contract under these Terms and Conditions.
Batch Computing Services
3.1 The Provider hereby grants to the Customer a non-exclusive licence to use the Batch Computing Services for 3D rendering in accordance with the Documentation during the Term.
3.2 The licence granted by the Provider to the Customer under Clause 3.1 is subject to the following limitations: (a) the User Interface may only be used through a Supported Web Browser; (b) the User Interface and 3D rendering service may only be used by the named Authorised Users identified in writing by the Customer, providing that the Customer may change, add or remove a designated named Authorised User in writing;
(c) In the event that an Authorised User leaves the employment or engagement of the Customer or where the employment or engagement of an Authorised User is transferred such that the Customer does not intend for them to have access to the Batch Computing Services, the Customer shall immediately inform Supplier so that Supplier may disable such individual’s passwords;
(d) Supplier may at any time audit the Customer’s use of the Batch Computing Services, including regarding the name and password for each Authorised User and, if such audit reveals that passwords have been provided to individuals who are not Authorised Users, Supplier may, without prejudice to Supplier's other rights, disable such passwords and not issue any new passwords to such individuals.
(e) The Customer shall be responsible for all acts and omissions of Authorised Users as though they were its own acts or omissions under this Agreement.
(f) Supplier may audit the Customer's compliance with the Agreement, including this clause 3 by any lawful, technical means and the Customer shall provide all reasonable assistance and information to Supplier necessary to establish that the Batch Computing Services are only being accessed and used in accordance with this Agreement.
3.3 Except to the extent expressly permitted in these Terms and Conditions or required by law on a non-excludable basis, the licence granted by the Provider to the Customer under Clause 3.1 is subject to the following prohibitions:
(a) the Customer must not sub-license its right to access and use the Batch Computing Services;
b) the Customer must not permit any unauthorised person or application to access or use the Batch Computing Services;
(c) the Customer must not use the Batch Computing Services to provide services to third parties;
(d) the Customer must not republish or redistribute any content or material from the Batch Computing Services;
(e) the Customer must not make any alteration to the Platform;
(f) the Customer must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Batch Computing Services;
(g) the Customer must not use the Batch Computing Services for any purpose other than 3D rendering;
(h) the Customer must not insert, include or introduce any Virus into the Software and/or the Batch Computing Services;
(i) the Customer must not attempt to copy, reproduce, duplicate, modify, manufacture, reverse engineer, disassemble, reverse compile, create derivative works from or distribute all or any portion of the Software and/or the Batch Computing Services except as may be allowed by any Applicable Law which is incapable of exclusion by agreement between the parties; and
(j) the Customer must not use the Software and/or the Batch Computing Services to provide services to third parties (including the Customer's Affiliates).
3.4 The Customer must provide true, accurate, current and complete information and promptly update the Access Credentials.
3.5 The Customer shall implement and maintain reasonable security measures relating to the Access Credentials to ensure that no unauthorised person or application may gain access to the Batch Computing Services by means of the Access Credentials.
3.6 The Provider shall use reasonable endeavours to maintain the availability of the Batch Computing Services to the Customer , but does not guarantee 100% availability.
3.7 The Customer must comply with Schedule 1 (Acceptable Use Policy), and must ensure that all persons using the Batch Computing Services with the authority of the Customer comply with Schedule 1 (Acceptable Use Policy).
3.8 The Customer must not use the Batch Computing Services in any way that causes, or may cause, damage to the Batch Computing Services or Platform or impairment of the availability or accessibility of the Batch Computing Services.
3.9 The Customer must not use the Batch Computing Services in any way that uses excessive Platform resources and as a result is liable to cause a material degradation in the services provided by the Provider to its other customers using the Platform; and the Customer acknowledges that the Provider may use reasonable technical measures to limit the use of Platform resources by the Customer for the purpose of assuring services to its customers generally.
3.10 The Customer must not use the Batch Computing Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.11 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.
3.12 The Provider may suspend the provision of the Batch Computing Services if any amount due to be paid by the Customer to the Provider under the Agreement is overdue, and the Provider has given to the Customer at least 14 days' written notice, following the amount becoming overdue, of its intention to suspend the Batch Computing Services on this basis.
3.13 The Provider reserves the right at any time to modify or discontinue the Service, or any part thereof, with or without notice at any time. The Provider shall not be liable to the Customer or any third party for any modification, suspension, termination or discontinuation of the Service.
Customer Data
4.1 The Customer hereby grants to the Provider a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt and edit the Customer Data to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under the Agreement. The Customer also grants to the Provider the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in the Agreement.
4.2 The Customer warrants to the Provider that the Customer Data when used by the Provider in accordance with the Agreement will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
4.3 The Provider will store the Customer’s submitted files and the completed render job output for 30 days, after which the files will be deleted from the Provider’s servers. All customer assets will be deleted after 60 days.
4.4 The Provider will delete all Customer assets within 7 days of a request to do so.
Support Services
5.1 The Provider may provide the Support Services to the Customer during the Term, but shall have no obligation to do so; any such Support Services shall be subject to this Clause 5.
5.2 The Provider may make available to the Customer a phone and email-based helpdesk.
5.3 The Provider shall provide the Support Services with reasonable skill and care.
5.4 The Customer may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Customer must not use the helpdesk for any other purpose.
5.5 The Provider shall respond promptly to all requests for Support Services made by the Customer through the helpdesk.
5.6 The Provider may suspend the provision of the Support Services if any amount due to be paid by the Customer to the Provider under the Agreement is overdue, and the Provider has given to the Customer at least 14 days' written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.
No assignment of Intellectual Property Rights
6.1 Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from the Provider to the Customer, or from the Customer to the Provider.
Charges
7.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.
7.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.
Payments
8.1 If the Customer does not pay any amount properly due to the Provider under these Terms and Conditions, the Provider may:
(a) charge the Customer interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
Distance contracts: cancellation right
9.1 This Clause 9 applies if and only if the Customer enters into the Agreement with the Provider as a consumer - that is, as an individual acting wholly or mainly outside the Customer's trade, business, craft or profession - where the Agreement is a distance contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9.2 The Customer may withdraw an offer to enter into the Agreement with the Provider at any time; and the Customer may cancel the Agreement entered into with the Provider at any time within the period:
(a) beginning when the Agreement was entered into; and
(b) ending at the end of 14 days after the day on which the Agreement was entered into,
subject to Clause 9.3. The Customer does not have to give any reason for the withdrawal or cancellation.
9.3 The Customer agrees that the Provider may begin the provision of services before the expiry of the period referred to in Clause 9.2, and the Customer acknowledges that, if the Provider does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the Customer will lose the right to cancel referred to in Clause 9.2; and
(b) if the services are partially performed at the time of cancellation, the Customer must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Customer in accordance with this Clause 9.
9.4 In order to withdraw an offer to enter into the Agreement or cancel the Agreement on the basis described in this Clause 9, the Customer must inform the Provider of the Customer's decision to withdraw or cancel (as the case may be). The Customer may inform the Provider by means of any clear statement setting out the decision. In the case of cancellation, the Customer may inform the Provider using the cancellation form that the Provider will make available to the Customer. To meet the cancellation deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.5 If the Customer withdraws an offer to enter into the Agreement, or cancels the Agreement, on the basis described in this Clause 9, the Customer will receive a full refund of any amount the Customer paid to the Provider in respect of the Agreement, except as specified in this Clause 9.
9.6 The Provider will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.
9.7 The Provider will process the refund due to the Customer as a result of a cancellation on the basis described in this Clause 9 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.
Data protection
10.1 Data protection and treatment of Customer Personal Data is covered by the Heata Privacy Policy available at the top of this page or https://heata.co/legal
Acknowledgements and warranty limitations
11.1 The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms and Conditions, the Provider gives no warranty or representation that the Batch Computing Services will be wholly free from defects, errors and bugs.
11.2 The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Terms and Conditions, the Provider gives no warranty or representation that the Batch Computing Services will be entirely secure.
11.3 The Customer acknowledges that the Batch Computing Services are designed to be compatible only with that software and those systems specified as compatible; and the Provider does not warrant or represent that the Batch Computing Services will be compatible with any other software or systems.
Limitations and exclusions of liability
12.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Clause 12 and elsewhere in these Terms and Conditions:
(a) are subject to Clause 12.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
12.3 The Provider will not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.
12.4 The Provider will not be liable to the Customer in respect of any loss of profits or anticipated savings.
12.5 The Provider will not be liable to the Customer in respect of any loss of revenue or income.
12.6 The Provider will not be liable to the Customer in respect of any loss of business, contracts or opportunities.
12.7 The Provider will not be liable to the Customer in respect of any loss or corruption of any data, database or software.
12.8 The Provider will not be liable to the Customer in respect of any special, indirect or consequential loss or damage.
12.9 The aggregate liability of the Provider to the Customer under the Agreement shall not exceed the total amount paid and payable by the Customer to the Provider under the Agreement during the previous 30 days.
12.10 The Customer shall indemnify and hold Bit Warmer Ltd harmless from any and all third party claims, actions, suits procedures, costs, expenses, damages and liabilities arising out of use of the Service.
Force Majeure Event
13.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
Termination 14.1 Either party may terminate the Agreement by giving to the other party at least 30 days' written notice of termination.
14.2 Either party may terminate the Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
14.3 Subject to applicable law, either party may terminate the Agreement immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement); or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
Effects of termination
15.1 Upon the termination of the Agreement, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely):
15.2 Except to the extent expressly provided otherwise in these Terms and Conditions, the termination of the Agreement shall not affect the accrued rights of either party.
15.3 Within 30 days following the termination of the Agreement for any reason:
(a) the Customer must pay to the Provider any Charges in respect of Services provided to the Customer before the termination of the Agreement; and
(b) the Provider must refund to the Customer any Charges paid by the Customer to the Provider in respect of Services that were to be provided to the Customer after the termination of the Agreement,
without prejudice to the parties' other legal rights.
Notices
16.1 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:
(a) sent by email to the relevant email address specified through the Batch Computing Services, in which case the notice shall be deemed to be received.
providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
Subcontracting
17.1 Subject to any express restrictions elsewhere in these Terms and Conditions, the Provider may subcontract any of its obligations under the Agreement.
General
18.1 The Agreement shall be governed by and construed in accordance with English law.
Schedule 1 (Acceptable Use Policy)
Introduction
1.1 This acceptable use policy (the "Policy") sets out the rules governing:
(a) the use of the website at heata.co, any successor website, and the services available on that website or any successor website (the "Services"); and
(b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").
1.2 References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to Bit Warmer Ltd trading as Heata(and "we" and "our" should be construed accordingly).
1.3 By using the Services, you agree to the rules set out in this Policy.
1.4 You must be at least 15 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 15 years of age.
General usage rules
2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
2.2 You must not use the Services:
(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
(b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
2.3 You must ensure that all Content complies with the provisions of this Policy.
Unlawful Content
3.1 Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right.
Graphic material
4.1 Content submitted by the Customer must comply with all relevant UK laws.
4.2 The Provider reserves the right to reject material that does not conform to the values of the Bit Warmer Ltd.
Monitoring
5.1 You acknowledge that we may actively monitor the Content and the use of the Services.
