Terms of Service

Last Updated: 6 October 2025

Definitions

Acceptance of Terms

This Terms of Service (“ToS”) is a legal agreement between Malverde, registered in England and Wales as MALVERDE LIMITED with company number 15397418 (“Malverde”, “we”, “us”, “our”), and the entity or individual (the “Customer” or “User” or “you” or “your”) that creates and manages an account and uses the Service.

The “Service” means the Malverde Platform, available via the tech.malverde.co.uk website, or any direct access to our server or proprietary Software where expressly granted to you by us.

By accessing or using the Service, including access or using our website, registering for an account, using the free features, using the premium features, or using any other features that you have been granted access to, then you must agree to abide by the terms of this Agreement. If you do not agree to these terms, you must not use any aspect of the Service.

The “Effective Date” of this Agreement is the date which is the earlier of a) your initial access to the Service through any online provisioning, account registration, or order process or b) the effective date of the first Order.

We may update these terms from time to time. If we make material changes we will give notice by posting an updated version of the terms on our website. Your continued use of the Service after changes take effect means you accept the updated terms.

Accounts and Users

You must register an account with us to be able to access the Service. You must provide accurate, current, and complete information during the registration process. You must keep your registration information current so that we may send you statements, notices, or other information to you through your account or by email communication.

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

You must specify the company (entity) you are employed by when registering an account with us. In doing so you represent and warrant that you have the authority to create an account on behalf of that entity.

The Service

Service Overview

Malverde offer a unique Service for Users by providing access, through our website portal tech.malverde.co.uk, to functionality that allows you to generate test data, ingest that data to your own internal systems, and upload results data for evaluation. We process the results you provide to calculate indicative performance data relating to your internal systems and to provide related information and analytics in the portal.

The level of Service provisioned to Users is differentiated between Free Users, Premium Users, and Trial or Beta Users. Each level may have different features, functionality, or usage limits. We may also provision Users with access to unreleased features or functionality from time to time.

Use

Across all functionalities of the Service, including data provided for download or data otherwise available in the tech.malverde.co.uk platform, you acknowledge that this data is generated for the purposes of demonstration, experimentation and testing. The data is provided “As-Is”.

No warranty on Accuracy

All data generated or used as part of the Service is not guaranteed to be accurate, complete or reliable. We make no warranties regarding the validity, completeness, or appropriateness of the data for any particular use. You remain solely responsible for how you use or rely on the data.

Grant of License and Permitted Use

Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with your account type:

Restricted Use

Subject to the terms and conditions of this ToS, the Licensee is granted a limited, non-exclusive, non-transferable right to use the Service solely for the following purposes:

Prohibited Use

You must not, and must not permit anyone else to do any of the following:

Availability

We strive to provide uninterrupted access to the Service, but we cannot guarantee continuous, error-free access at all times. We may suspend or restrict access for maintenance or upgrades or to protect the Service for legal or security reasons.

Disclaimers

The Service, website, support, technical services, and all associated Malverde services are provided “as is”, without warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

In no event shall Malverde Limited be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or use, arising out of or in connection with your use of the Service.

Confidentiality

“Confidential Information” constitutes information disclosed by the disclosing party (“Disclosing Party”) to the receiving party (“Receiving Party”) that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature or circumstance of its disclosure. “Confidential Information” includes, but is not limited to, technical, marketing, pricing, product, customer, performance, or other valuable information that should be reasonably understood to constitute “Confidential Information”.

The Receiving Party must hold Confidential Information in strict confidence, and must not disclose such information to third parties. Ownership of our Confidential Information remains with Malverde Ltd.

Ownership and Intellectual Property

Except for your usage rights as laid out in this Agreement, Malverde Ltd and its licensors retains all intellectual property and ownership rights in the Service, any related Malverde technology, including but not limited to code, data, Software, text, images, graphics, logos, and any modifications or improvement to these items.

Data Privacy

By using the Service, and our website, you acknowledge that we will process personal data in accordance with our Privacy Policy and applicable UK and EU data protection laws. Please review our Privacy Policy for more information on how we collect, store, and use your personal data. We implement appropriate technical and organisational measures to safeguard data processed through the Service.

All test data is synthetic data or based upon personal information which is readily available in the public domain. The data is intended solely for the purposes of testing and does not include any special category data nor personal data which is not readily available in the public domain. You must not upload any personal data, including special category data, to the Service – for example, within results data.

Commercial Terms

Subscription Term

Each Subscription Term will renew for successive 12-month periods, unless otherwise specified in the associated Order, or unless either party gives the other party notice of non-renewal at least 30 days before the current Subscription Term ends.

Upon notice of non-renewal received by us at least 30 days before the current Subscription Term ends, you will not be charged for the next billing cycle but will not receive any refunds for amounts that have already been charged.

Payments, Fees, and Taxes

You will pay all fees due in accordance with each Order, by the due dates and in the currency specified in the Order. You agree that we may bill your payment method or other payment method for renewal, expenses, additional users, and unpaid fees, as applicable. All amounts are non-refundable, non-cancellable, and non-creditable.

You may change your payment method information by contacting us at support@malverde.co.uk.

You are responsible for any sales, use, goods, value-added, withholding or similar taxes and levies that apply to your Orders, including both domestic and foreign taxes, other than Malverde’s income tax.

Support and Service Level Agreements

Premium Users only: We provide support to Premium Users by email at support@malverde.co.uk. We will use reasonable efforts to respond to support requests within three working days. Support is available during normal business hours in the United Kingdom. We do not guarantee resolution times, and support is limited to the use of the Service only. Support does not include assistance with your internal systems, internal data, or third-party services.

Free, Trial, and Beta Users: We do not provide guaranteed support for Free, Trial, or Beta accounts. You may contact us at support@malverde.co.uk but we are not obliged to respond and make no commitments regarding response or resolution times.

Governing Law

This Agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in England and Wales.

Indemnification

Our Indemnity (limited)

We will defend you against any third-party claim that the core Service platform (excluding Customer Content, Outputs, or Derived Data) directly infringes that third party’s intellectual property rights. If such a claim arises, we may (at our option) either (i) obtain the right for you to continue using the Service, (ii) replace or modify the Service so it is non-infringing, or (iii) terminate your access to the affected portion of the Service and refund any prepaid unused fees. This obligation does not apply to claims arising from (a) Customer Content, (b) Outputs or Derived Data, (c) use of the Service in combination with anything not supplied by us, or (d) use of the Service in breach of these Terms.

Your Indemnity

You will defend and indemnify us against any third-party claim arising out of (a) Customer Content you upload or provide, (b) Outputs or Derived Data generated using your inputs, or (c) your use of the Service in violation of these Terms or applicable law.

Conditions

Each party’s indemnity obligation is conditional on the indemnified party (i) promptly notifying the indemnifying party of the claim, (ii) giving the indemnifying party sole control of the defence and settlement, and (iii) providing reasonable cooperation at the indemnifying party’s expense. The indemnified party may participate with its own counsel at its own cost.