Dataswyft Ltd (Dataswyft)
Personal Data Account (PDA) Owner Agreement
Updated on: 16 October, 2023
1. About these Terms
1.1 What these terms cover. This PDA Owner Agreement, together with our Privacy Policy and any other policies listed on www.dataswyft.io (the “Website”) (collectively the “Terms”) govern your access and use of Personal Data Accounts within your Decentralised Data Server and Server Database (“DDS”), the Dashboard (Your PDA Dashboard), the DDS Tools and our supply of services relating to the storage, usage, access, control, streaming and sharing of your Self-Sovereign Data in your DDS in accordance with your instructions (collectively the “Services”). By registering to become a DDS and PDA Owner and using the Services, you confirm that you are at least 18 years old.
1.2 Why you should read them and the PDA Guide. Please read these Terms carefully before you register with us. These terms tell you who we are, how we will issue a PDA and provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information such as the rights and obligations regarding the use of your PDA and the Services. To help you understand these Terms, please refer to the PDA Guide for Owners (“PDA Guide”) which explains how PDAs work.
1.3 If you think that there is a mistake in these Terms, please contact us to discuss.
Information about us and how to contact us
1.4 Who we are. We are Dataswyft Ltd, a company registered in England and Wales (registration number 09821157), whose registered office is at CO HFL House, 1 Saxon Way, Melbourn, Cambridge SH8 6DN, U.K. Our VAT number is 230931042. In these Terms, “Dataswyft”, “we”, “us” and “our” refer to Dataswyft Limited; “you” and “your” refer to the PDA Owner.
1.5 How to contact us. You can contact us by writing to us at contact@dataswyft.com.
1.6 How we may contact you. If we need to contact you, we will do so by telephone or email using the address you provided during registration. “Writing” includes emails.
1.7 Definitions. Capitalised words used in these Terms have special meanings as explained in clause 16. Additional information is available in the PDA Guide.
Our contract with you.
1.8 How we will accept your order. Our acceptance occurs when a Network-enabled application authorized by us requests a PDA for you; at that point a contract comes into existence if you accept both the application’s terms of service and this agreement.
1.9 How we execute your order. When we receive your order, a DDS will be provisioned. Depending on your location, your order may be executed by a licensed technology operations company. Once provisioned, we will set up contracts to grant the necessary permissions for applications to access your PDA and Self-Sovereign Data.
1.10 If we cannot accept your order. We will inform you in writing if we cannot accept your order—this may be due to lack of rights, violation of these Terms, or applicable laws.
2. Your PDA
2.1 Your Personal Data and data protection.
(a) Once your PDA has been set up, the data within is deemed to be self-sovereign data and you would have the full rights to access, control, use and license the data. PDAs are used to store both Personal Data and File Storage System Data. This includes any Personal Data that can identify you directly (e.g. by name) or indirectly (e.g. by personal characteristics). Together, PDA Data and File Storage System Data may contain your Personal Data (“Personal Data”). Together, PDA Data and File Storage System Data also constitute your Self-Sovereign Data (“Self-Sovereign Data”).
(b) For the purpose of data protection law, you are the one who decides how and why any Personal Data in your PDA will be used, shared and generally processed (see clause 16 for an explanation of “processing”). Your control over the Personal Data in PDAs makes you a Controller of that data.
2.2 Contracted PDA. You will obtain a contracted PDA when your PDA is issued as part of a contract with a CONTRACTED SERVICE PROVIDER that you have given permission to access a namespace or data within a namespace of your PDA. A contracted PDA may be used to store your records as an employee, or as a student, or as a data wallet service due to a contracted service that you allow for read/write/update/delete access of a your PDA only for the purpose of the service. You will be explicitly asked, when you sign up to the application of a contracted service provider to accept the contract, and you can choose not to do so. Even if you do choose to accept the contract, the contracted service provider can only access the designated namespaces and data that you have given permissions on. You may still use your PDA with other applications without revealing the data of other namespaces to the contracted service provider.
2.3 Deleting your Server. You are free to delete the data account linked to any application at any time, as well as your DDS. You do this by contacting us by email and requesting us to delete any data account’s data and/or your DDS. If you delete your DDS you will be deleting all the self-sovereign data in all Data Accounts and there will be no way of reversing such deletion if you change your mind. We recommend you download your Server Data before you delete your server. If we are required by law, we may retain certain information even if you delete your server. We will notify you if this is the case (unless we are prevented from doing so by law). We may also retain self-sovereign data following deletion of your PDA in our back up system files for a short period until the files are deleted.
2.4 Contracted PDA User Agreement - Deleting your Self-Sovereign Data. If your PDA is a contracted PDA, you cannot disable your contracted service provider’s access to the designated namespace(s) and data. If you wish to disable your contracted service provider’s access to the designated namespace(s) and/or data, or if you wish to delete your DDS, you can only do this by contacting the contracted service provider by email and requesting THEM to contact Dataswyft to delete your PDA and/or disable access. If you choose to delete your server you will be deleting all of your Self-Sovereign data and there will be no way of reversing such deletion if you change your mind. This may impact your ability to continue your agreement with your contracted service provider . If we are required by law, we may retain certain information even if you delete your PDA. We will notify you if this is the case (unless we are prevented from doing so by law). We may also retain self-sovereign data following deletion of your PDA in our back up system files for a short period until the files are deleted.
2.5 Our rights to use Personal Data. We do not have rights to use your personal data except to the limited extent we need to collect your email or other identifiers in order for us to provision you with a DDS, its Services and enable us to comply with our legal obligations. We and our affiliates and third party suppliers (such as those providing hosting services) are permitted to process such personal data in order to provide the Services. We do not have any rights to use your self-sovereign data.
2.6 Prohibitions. You will not under any circumstances do (or attempt to do) any of the following in relation to your PDA or the Services:
(a) interfere with, disrupt or degrade the integrity or performance of the Services, or the servers or networks on which the Services operate;
(b) propagate any virus, worms, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, software or data;
(c) breach or circumvent any of our technical, administrative or security measures;
(d) use the Services to encourage or promote illegal activity or violation of third party rights;
(e) sell, resell, rent, sublicense, lease, redistribute or otherwise make the Services available to any third party;
(f) use the Services to promote or facilitate unlawful online gambling, or disruptive or unlawful commercial messages or advertisements; or
(g) use the Services to process or store any data that you know (or should know) is in violation of any law or regulation, or the rights of any person, including Intellectual Property Rights, data protection rights, or in any manner inconsistent with these Terms.
3. PDA Services
3.1 Mutual obligations. We will use reasonable skill and care to provide the PDA and Services under these Terms; you agree to comply with them when using your PDA or Services.
3.2 Monitoring of Services. We reserve the right to monitor your PDA and Services usage to ensure compliance with our Acceptable Use Policy and these Terms.
3.3 HMICs and Network-Enabled Apps.
(a) Organizations can access or store Personal Data in your PDA only with your permission via a “HAT Microserver Instruction Contract” (HMIC), presented for your agreement.
(b) Network-enabled Applications connect through HMICs to interact with your PDA.
3.4 Data quality and accuracy. We are not responsible for data accuracy from Network-enabled Applications. Contact the app provider for corrections.
3.5 Dataswyft oversight and governance.
(a) We oversee PDA setup and usage, ensuring network-enabled app owners follow data rules.
(b) We enforce governance standards and handle non-compliance.
3.6 Your responsibilities and obligations.
(a) Do not access someone else’s PDA without authorization or in breach of these Terms.
(b) You are accountable for HMICs you accept, data you share with your PDA, and Self-Sovereign Data permissions.
(c) You must comply with terms of HMICs you've accepted.
3.7 No liability. We have no legal access to your Self-Sovereign Data. Sharing with apps does not impose obligations or liabilities on us unless agreed separately.
3.8 Smart HAT Engine (SHE) Functions. We or third parties may provide Tools (“SHEF”) to help analyze your PDA Data. If used:
a) SHEFs may write data into your PDA;
b) offered free, with no accuracy warranty—check outputs; we are not liable (subject to clause 7);
c) data from SHEF becomes part of your PDA Data and is subject to these Terms.
3.9 Updates to Your PDA Dashboard. Updates (“Updates”) may be developed by us or third parties, enhancing performance, security, or functionality. Your Dashboard may automatically check, download, and install Updates. We may disable or remove non-compliant Updates.
3.10 Maintenance. We may perform DDS maintenance and expect your cooperation in investigations. We are not obligated to support the Services; any support follows published policies.
3.11 Right to refuse instructions. We may isolate your PDA or refuse instructions if we believe your actions violate these Terms, law, or third-party rights.
4. PDA Security
4.1 Your security obligations:
a) Do not use or share someone else’s login details;
b) Maintain internet security software, firewalls, and tools;
c) Use up-to-date antivirus to protect access devices and Services.
4.2 Breach notification. Notify us immediately at support@dataswyft.io if you suspect unauthorized access to your PDA, data, or Services. If your email is compromised, change credentials promptly and safeguard against PDA access.
4.3 Your co-operation. You agree to cooperate with us and our suppliers as reasonably required to investigate outages or security breaches.
5. Third-party services
You may purchase or use third-party services, goods, or software in connection with the Services. These are subject to separate terms between you and the provider. We disclaim liability for third-party offerings.
6. Intellectual Property Rights
6.1 Your database right. The DDS Database created through the API Platform is assigned to you; you own it. The File Storage System remains owned by Dataswyft or third parties.
6.2 Our intellectual property rights. The API Platform, File Storage System, Services, Dashboard, and updates are owned by Dataswyft or its licensors. You receive a limited, non-exclusive, non-transferable, revocable license to use the Dashboard and Updates.
6.3 License restrictions. Unless prohibited by law, you must not:
a) reverse engineer the Dashboard or Updates;
b) decompile or extract source code;
c) use Dashboard or Updates outside these Terms.
6.4 Open source license. If parts of the Services, PDA, Dashboard, or Updates are under open source licenses, those terms override conflicting provisions in this Agreement.
7. Disclaimers; No Warranties; Limitation of Liability
7.1 “As is” provision. Services and content are provided “as is” and “as available.” All express or implied warranties (including merchantability, fitness, title, non-infringement) are disclaimed.
7.2 No guarantee of service quality. No warranty for uninterrupted, secure, or error-free service, or correction of issues.
7.3 No creation of warranty through information. No advice or content creates any additional warranty. We’re not responsible for damage or loss resulting from your use of the Services.
7.4 Use at your own risk. You use Services at your discretion. We are not liable for damage to your systems or data loss.
7.5 Third-party content. We are not liable for consequences of accessing or relying on third-party websites or content.
7.6 Liability limitations apply fully. These limitations apply to the fullest extent permitted by law and remain valid even if limited remedies fail.
7.7 Aggregate liability cap. Dataswyft’s total liability is limited to $100.