Terms of Service

Please read these Terms of Service (“Terms”) carefully before using any Tidalux service. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Parties

These Terms form a legal agreement between Tidalux Ltd (“we”, “us”, “our”) and you (“you”, “your”, the “Customer”). Tidalux Ltd is a company registered in England and Wales, company number 17019367. Registered office: Studio 9, 50-54 St Paul's Square, Birmingham B3 1QS, United Kingdom.

2. Our services

We provide the following services (“Services”):

• WaveSites - website design, development, hosting and on-site features such as bookings, reviews and smart links.
• WaveAI - branded AI assistant for visitor questions on your site, plus bespoke AI consulting where agreed.
• WaveCheck - free site health and safety signal scans.
• Hosting - UK managed hosting, domains, email and backups for sites we operate.
• Bespoke work - custom software, internal tools and client portals built around your workflow.
• Support and maintenance - ongoing technical support, updates and managed hosting.

The specific services, deliverables and pricing applicable to you will be set out in a proposal, order form or service schedule agreed between us.

3. Accounts

To access certain Services you must create an account. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately at hello@tidalux.io if you suspect unauthorised access. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable use

You must not use our Services in any way that is unlawful, harmful, or violates our Acceptable Use Policy. This includes but is not limited to:

• Transmitting spam, malware or any malicious content.
• Infringing third-party intellectual property rights.
• Attempting to gain unauthorised access to any system or data.
• Using our Services for any illegal purpose.

5. Payment and billing

Fees are as agreed in your proposal or service schedule. Unless otherwise stated, monthly subscriptions are billed in advance and are non-refundable except where required by law. We may update pricing with 30 days' notice. You can pay by card through Stripe, or by bank transfer using Faster Payments where we agree that in writing. Late payments may result in a late fee and, for continued non-payment, service suspension. See our Late Payment Policy for exactly how that works.

6. Intellectual property

Our IP: Tidalux Ltd retains all intellectual property rights in our platforms, tools and software unless expressly transferred in writing.

Your IP: You retain ownership of all content you provide to us. You grant us a licence to use that content solely to deliver our Services to you.

Bespoke work: Where we create bespoke software or design exclusively for you (as specified in a project proposal), ownership of that bespoke work transfers to you upon full payment.

7. Confidentiality

Both parties agree to keep the other's confidential information (marked as such, or reasonably understood to be confidential) secure and not disclose it to third parties without prior written consent, except as required by law.

8. Data protection

Each party is responsible for its own compliance with applicable data protection law. Please see our Privacy Policy for details of how we handle your personal data. Where we process personal data on your behalf (as a data processor), we will enter into a data processing agreement upon request.

9. Availability and uptime

We aim to maintain high availability for hosted services but do not guarantee 100% uptime. Scheduled maintenance will be communicated in advance where possible. Our managed hosting plans include uptime monitoring and prompt incident response.

10. Hosting infrastructure

We design, run and support the hosting platform your site, email and applications sit on, and we are the party responsible to you for the Services under these Terms. We do not own or operate data centres. The underlying infrastructure, meaning the facilities, servers, networking, power and backup storage, is enterprise infrastructure located in the United Kingdom and operated for us by specialist third-party companies under contract to us.

This does not change who you deal with or who is accountable. Your contract is with Tidalux Ltd, your support requests come to us, and we remain liable to you under these Terms for the Services we supply. Where those third parties process personal data, they do so as our processors or sub-processors under written data processing terms, as described in our Privacy Policy. Business customers who need the identity of the sub-processors used for their service can request it in writing under our data processing agreement.

We may change the infrastructure a Service runs on, including moving it between facilities or suppliers, provided the Service continues to meet these Terms. We give notice of any change that will materially affect you, and we will not move your data outside the United Kingdom without telling you first.

11. Limitation of liability

To the maximum extent permitted by law, our total liability to you arising from or relating to these Terms or our Services shall not exceed the amount paid by you to us in the 12 months preceding the claim.

We are not liable for indirect, consequential, special or punitive damages (including loss of profits, loss of data or business interruption) even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited by law.

12. Termination

Either party may terminate these Terms by giving 30 days' written notice, or immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of written notice. On termination, your access to our Services will cease and we will provide a reasonable period to export your data.

13. Governing law

These Terms are governed by English law. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Changes

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes to existing customers. Your continued use of our Services after that period constitutes acceptance of the new Terms.

15. Contact

For any questions about these Terms, email legal@tidalux.io.