Terms and Conditions

5.1 Subscription Plans

The Service is offered on various Subscription plans (including a Free Plan), details of which are published on our pricing page at erasurelog.com. Each plan specifies the limits that apply, including maximum number of users, Records, and clients, as well as the features available. We reserve the right to amend plan pricing, features, and limits with reasonable notice.

5.2 Payment

Paid Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. All prices are stated exclusive of VAT, which will be applied at the prevailing rate where applicable. Payment is processed by our third-party payment provider, Stripe. By providing payment details, you authorise us to charge your payment method for the applicable Subscription fees.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each Subscription Period unless cancelled before the renewal date. You are responsible for cancelling your Subscription before renewal if you do not wish to continue.

5.4 Failed Payments

If a payment fails, we will notify you and may suspend access to paid features. Access may be fully suspended if payment is not remedied within a reasonable period. We are not liable for any loss arising from suspension due to non-payment.

5.5 Cancellation

You may cancel your Subscription at any time via your Account settings. Cancellation takes effect at the end of the current Subscription Period; you will retain access to paid features until that date. We do not provide pro-rata refunds for unused portions of any Subscription Period, except where required by law.

5.6 Refunds

Subscription fees are non-refundable except as expressly stated herein or as required by applicable law. If you believe you have been charged in error, please contact us within 30 days of the charge.

5.7 Price Changes

We reserve the right to change our Subscription prices at any time. We will provide at least 30 days' notice of any price increase before it takes effect. Your continued use of the Service after a price change constitutes your acceptance of the new pricing.

6.1 Storage and Record Limits

Each Subscription plan includes limits on the number of Records, clients, and users that may be stored or active within the Service at any time. These limits are specified in your plan details. If you reach a limit, you will be prevented from adding further Records or users of that type until either you delete existing entries to create space or upgrade to a plan with higher limits.

6.2 Data Retention Period

Each Subscription plan includes a data retention period, after which Records created beyond that period may become inaccessible within the Service (except for deletion). The applicable retention period is that of your current active Subscription plan at the time of access — not the plan active when the Record was created. This means that upgrading your plan will restore access to Records that had become inaccessible due to the previous plan's shorter retention period.

6.3 Subscription Lapse or Downgrade

If your paid Subscription expires, is cancelled, or lapses for any reason (including failed payment), your account will revert to the Free Plan (or to no access if no Free Plan is available). Upon such reversion:

• Access to Records, clients, or features that exceed the limits of the Free Plan may be restricted or suspended immediately.
• Records created beyond the data retention period of the Free Plan will become inaccessible.
• We will not be liable for any loss of access to data resulting from a lapse, cancellation, or downgrade of your Subscription.

6.4 Data Deletion Following Termination

Following termination of your Account or Subscription (for any reason), we will retain your Customer Data for a period of up to 90 days after termination (the "Retention Window"), during which you may contact us to request an export of your data. After the Retention Window, we reserve the right to permanently delete all Customer Data associated with your Account, without further notice or liability.

6.5 No Obligation to Store

We are not a data archiving or long-term storage service. The Service is a tool for managing and recording erasure activity, and we make no representation or warranty that any Customer Data will be preserved indefinitely. You are solely responsible for maintaining your own copies of any Certificates of Erasure or records that you may be required to retain for legal, regulatory, or business purposes.

7.1 User-Provided Data

All Certificates of Erasure, chain of custody records, and other Records generated by the Service are based entirely on data entered by Users. The accuracy, completeness, and truthfulness of all data submitted to the Service is the sole responsibility of the Customer and the Users. ERASURELOG LTD does not verify, validate, or independently confirm any data entered into the Service.

7.2 No Warranty of Regulatory Compliance

The use of ErasureLog and the generation of Certificates of Erasure does not guarantee compliance with any legal, regulatory, industry, or contractual obligation. It is your sole responsibility to ensure that your data erasure practices, documentation, and processes comply with all applicable laws, regulations, and standards (including, without limitation, the UK GDPR, Data Protection Act 2018, WEEE Regulations, and any relevant international standards such as NIST, DoD, or Blancco standards).

7.3 No Legal Advice

Nothing in the Service, these Terms, or any documentation provided by ERASURELOG LTD constitutes legal advice. You should seek independent legal advice if you are uncertain about your legal obligations in relation to data destruction, data protection, or any other matter.

7.4 Certificate Reliance

Any Certificate of Erasure produced by the Service is generated solely on the basis of the information provided by the User at the time of entry. ERASURELOG LTD expressly disclaims all liability arising from any reliance placed on any Certificate of Erasure by any third party, including regulators, auditors, clients, or legal authorities.

7.5 Hardware Integration Accuracy

Where the Service integrates with third-party hardware or erasure equipment, data received from such hardware is passed through to the Service as provided. We make no warranty that data received from hardware integrations is accurate, complete, or error-free. You should independently verify data received from hardware integrations where accuracy is critical.

9.1 Ownership of Customer Data

You retain all ownership and intellectual property rights in your Customer Data. You grant ERASURELOG LTD a non-exclusive, worldwide, royalty-free licence to store, process, and use your Customer Data solely for the purpose of providing and improving the Service.

9.2 Ownership of the Service

The Service, including all software, designs, text, graphics, logos, APIs, and documentation, is the exclusive property of ERASURELOG LTD or its licensors. Nothing in these Terms transfers any intellectual property rights in the Service to you. Your right to use the Service is limited to the licence granted under these Terms and is conditional on your continued compliance with them.

9.3 Feedback

If you provide any suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant us an irrevocable, perpetual, royalty-free licence to use such Feedback for any purpose, including incorporating it into the Service, without any obligation to compensate you.

10.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the processing of personal data as described in our Privacy Policy.

10.2 Data Controller and Processor

For the purposes of applicable data protection law (including the UK GDPR and the Data Protection Act 2018):

• ERASURELOG LTD acts as a data controller in respect of personal data relating to Account holders and Users (such as names, email addresses, and billing information).
• ERASURELOG LTD acts as a data processor in respect of any personal data contained within Customer Data stored in the Service (such as personal data relating to clients, operators, or third parties referenced in Records).

10.3 Your Data Protection Obligations

Where you submit personal data to the Service, you warrant that you have all necessary rights, consents, and legal bases to do so, and that such submission complies with all applicable data protection laws. You are responsible for responding to any data subject rights requests relating to personal data contained within your Customer Data.

10.4 Data Processing Agreement

Where required by applicable law, a Data Processing Agreement (DPA) will be made available to Customers upon request. Enterprise Customers may request a bespoke DPA. Please contact [email protected] for more information.

11.1 No Uptime Guarantee

We will use commercially reasonable efforts to make the Service available. However, we do not warrant that the Service will be available at all times, uninterrupted, error-free, or free from latency. We provide no service level agreement (SLA) or uptime guarantee unless expressly agreed in a separate written agreement with you.

11.2 Planned Maintenance

We may take the Service offline for scheduled maintenance, upgrades, or repairs. Where practicable, we will provide advance notice, though this may not always be possible. We will endeavour to perform planned maintenance during off-peak hours.

11.3 Unplanned Downtime and Force Majeure

We shall not be liable for any failure, delay, or interruption in the Service caused by events beyond our reasonable control, including but not limited to:

• internet or telecommunications failures or disruptions;
• failures of third-party service providers, including cloud hosting providers, content delivery networks, or payment processors;
• distributed denial-of-service (DDoS) attacks or other cybersecurity incidents;
• natural disasters, acts of God, fire, flood, storm, earthquake, or pandemic;
• actions of governments, regulators, or law enforcement;
• industrial action, strikes, or labour disputes;
• any other cause beyond our reasonable control.

11.4 Third-Party Infrastructure

The Service relies on third-party infrastructure, including cloud hosting and storage services (such as Amazon Web Services). Any outage, failure, or degradation of such third-party services may affect the availability of ErasureLog, and we shall not be liable for such events.

11.5 No Compensation for Downtime

Unless expressly agreed in a separate SLA, we shall not be obligated to provide any refund, credit, or compensation for any period of downtime, outage, or degraded performance, regardless of its cause or duration.

12.1 Exclusion of Certain Losses

To the fullest extent permitted by applicable law, ERASURELOG LTD shall not be liable for any:

• indirect, incidental, special, consequential, or punitive damages;
• loss of profits, revenue, business, goodwill, or anticipated savings;
• loss of or corruption of data or Customer Data;
• regulatory fines, penalties, or enforcement action arising from your use of the Service;
• losses arising from your reliance on any Certificate of Erasure, record, or report generated by the Service;
• losses arising from unauthorised access to your Account;
• losses arising from the acts or omissions of any third party, including hardware manufacturers or integration partners.

12.2 Cap on Liability

To the fullest extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or your use of the Service (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) shall not exceed the greater of:

• the total Subscription fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim; or
• £100 (one hundred pounds sterling).

12.3 Exceptions

Nothing in these Terms limits or excludes liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any other liability that cannot be excluded or limited by English law.

12.4 Service "As Is"

The Service is provided "as is" and "as available" without warranty of any kind, express or implied. We expressly disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

17.1 Termination by You

You may terminate your Account at any time by cancelling your Subscription and contacting us to request Account deletion. Subject to the data retention provisions in clause 6, we will delete your Account and Customer Data in accordance with our data deletion procedures.

17.2 Termination or Suspension by Us

We may suspend or terminate your Account and access to the Service immediately, with or without notice, if:

• you breach any provision of these Terms;
• we suspect fraud, abuse, or misuse of the Service;
• you fail to pay any amount due and do not remedy such failure within a reasonable period;
• we are required to do so by law or regulatory order;
• we decide to discontinue the Service (in which case we will provide reasonable notice where practicable).

17.3 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately. The provisions of these Terms that by their nature should survive termination (including limitations of liability, indemnification, data deletion, and governing law) shall survive.

19.1 Entire Agreement

These Terms (together with our Privacy Policy and any other policies or agreements incorporated by reference) constitute the entire agreement between you and ERASURELOG LTD in relation to the Service and supersede all prior representations, agreements, and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

19.3 Waiver

No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. No waiver shall be effective unless made in writing.

19.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets, and will notify you of any such assignment.

19.5 No Partnership or Agency

Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and ERASURELOG LTD.

19.6 Notices

Any notices required or permitted under these Terms shall be given in writing by email to [email protected] (for notices to us) or to the email address associated with your Account (for notices to you). Notices are deemed received upon successful delivery.

19.7 Rights of Third Parties

These Terms do not create any rights enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999.