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[SYS.LEGAL // TERMS]

Terms of Service

Last updated: 1 July 2026

These Terms of Service ("Terms") are a legal agreement between DATAFENIX LTD (trading as Vesta), a company registered in England and Wales (company number 15487351), registered office Unit 1 The Cam Centre, Wilbury Way, Hitchin, Herts, SG4 0TW, United Kingdom ("Vesta", "we", "us"), and the organisation or person agreeing to them ("Customer", "you").

By creating an account, clicking to accept, signing an Order Form that references these Terms, or using the Service, you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it.

If a separate signed agreement or Order Form between you and Vesta conflicts with these Terms, that document prevails for the conflict.

1. Definitions

  • Service — the Vesta analytics platform, including the SDKs, the ingest endpoint, the dashboard/console, APIs, reports, recommendations, and related documentation.
  • Customer Data — data you (or your software, agents, or end users) send to or generate within the Service, including telemetry/"span" data. Customer Data is the subject of the DPA.
  • Order Form / Pilot Agreement — a document or online order describing the plan, fees, and term agreed between us.
  • DPA — the Data Processing Agreement, incorporated into these Terms.
  • Documentation — the install and usage docs we make available for the Service.

2. The Service

Vesta provides analytics for MCP and other software surfaces: you instrument your software with our SDK, which sends telemetry to us; we process it and present analytics, reports, and recommendations. We may update, improve, or change the Service over time. We will not materially reduce core functionality of a paid Service during a paid term without notice.

The Service is provided on an early-access/evolving basis. Specific availability commitments, if any, are stated in your Order Form; otherwise the Service is provided without a formal uptime SLA.

3. Accounts, eligibility, and security

  • You must provide accurate account information and keep it up to date.
  • The Service is for business/professional use only; it is not a consumer product.
  • You are responsible for your account, your users, and all activity under your credentials and API keys. Keep API keys secret. We display a key once on creation and cannot retrieve it for you afterwards. Tell us promptly at info@datafenix.ai if you suspect compromise; you can rotate or revoke keys.
  • You must be capable of forming a binding contract and not barred from receiving the Service under applicable law (including sanctions/export laws).

4. Fees and payment

  • Fees, billing frequency, and the term are set out in your Order Form or Pilot Agreement. Where the Service (or a tier) is offered free during early access, we will give reasonable notice before charging for it.
  • Unless stated otherwise, fees are exclusive of VAT and other taxes, which you are responsible for.
  • Invoiced amounts are due within the period stated on the invoice (default: 30 days). We may suspend the Service for material non-payment after notice and a chance to cure.

5. Customer Data and licence

  • You own your Customer Data. As between you and us, you retain all rights in it.
  • You grant Vesta a non-exclusive, worldwide licence to host, process, and use Customer Data solely to provide and support the Service to you, and as instructed by you, in accordance with these Terms and the DPA.
  • Anonymised/aggregated data. You agree that we may create and use anonymised and aggregated statistics, models, and benchmarks derived from Customer Data, provided that such data does not identify you, any individual, or any specific surface. We may retain and use this anonymised, aggregated data indefinitely, including after termination, for example to provide cross-customer benchmarks and to improve the Service. Anonymised, aggregated data is not Customer Data or personal data. Raw Customer Data is never sold or disclosed to third parties except as permitted in the DPA.

6. Your responsibilities for data you send us

You are responsible for the Customer Data you choose to send and for ensuring you may lawfully send it. In particular you must:

  • have a valid lawful basis and provide any required notices to, or obtain any required consents from, your end users for the telemetry you capture and send to us;
  • configure redaction appropriately. The SDK provides redaction controls (capture/redact/hash/truncate/detect). You decide what is captured. Do not send us more personal data than necessary, and avoid sending special category data, full payment card data, credentials, or secrets unless we have agreed in writing and you have a lawful basis;
  • comply with the DPA in your role as controller of any personal data within Customer Data.

7. Acceptable use

You must not, and must not permit others to:

  • use the Service unlawfully, or to infringe others' rights;
  • send malware, or attempt to gain unauthorised access to the Service, other customers' data, or our systems;
  • probe, scan, overload, or disrupt the Service, or circumvent rate, usage, or security controls;
  • resell or provide the Service to third parties except as expressly permitted;
  • reverse engineer the Service except to the extent that restriction is prohibited by law;
  • send data you have no right to send, or that is unlawful, harmful, or in breach of Section 6.

We may suspend access to investigate suspected breaches of this Section or threats to the Service or others, acting reasonably and (where practicable) with notice.

8. Intellectual property

The Service, including all software, models, designs, and Documentation, and all IP rights in them, are and remain owned by Vesta and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your term in accordance with these Terms. We reserve all rights not expressly granted.

Feedback. If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without restriction.

9. Confidentiality

Each party may receive the other's confidential information. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to those who need it and are bound by similar obligations, or as required by law. This does not apply to information that is public through no fault of the receiver, independently developed, or rightfully received from a third party.

10. Data protection

The parties will comply with applicable data protection laws. The DPA governs our processing of personal data within Customer Data and forms part of these Terms.

11. Warranties and disclaimers

  • Each party warrants it has authority to enter into these Terms.
  • We will provide the Service with reasonable skill and care.
  • Except as expressly stated, the Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the Service will be uninterrupted or error-free, or that analytics, reports, or recommendations are complete or accurate — they are decision-support, and you are responsible for decisions you make using them.

12. Limitation of liability

  • Nothing in these Terms limits liability that cannot be limited by law (including for death or personal injury caused by negligence, or fraud).
  • Subject to that, neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill, or data (beyond our restoration obligations).
  • Subject to the above, each party's total aggregate liability arising out of or in connection with these Terms is limited to the greater of (a) the fees paid or payable by you for the Service in the 12 months before the event giving rise to the claim, and (b) [[LIABILITY_FLOOR e.g. £5,000]].

(For an early pilot, consider whether a fixed cap tied to pilot fees is appropriate — a point for legal review.)

13. Indemnity

You will indemnify us against claims, losses, and reasonable costs arising from (a) Customer Data, including a claim that it infringes rights or was provided without a lawful basis or required consents, and (b) your breach of Sections 6 (data responsibilities) or 7 (acceptable use), except to the extent caused by our breach of these Terms.

14. Term, suspension, and termination

  • These Terms apply while you have an account or an active Order Form.
  • Either party may terminate for the other's material breach not cured within 30 days of notice. We may suspend or terminate for serious breaches of Section 7, non-payment, or legal/security reasons.
  • You may stop using and close your account at any time, subject to any committed term in an Order Form.
  • On termination: your right to use the Service ends; we will, in line with the DPA, delete Customer Data containing personal data within 30 days (except anonymised/aggregated data per Section 5 and copies we must retain by law); and accrued payment obligations survive. Sections that by their nature should survive (including 5 anonymised data, 8, 9, 11–13, 15) survive termination.

15. General

  • Changes to these Terms. We may update these Terms; we will post the updated version and, for material changes, give reasonable notice. Continued use after changes take effect means you accept them.
  • Governing law and jurisdiction. These Terms and any non-contractual obligations are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, without prejudice to mandatory rights you may have under local law.
  • Notices. Legal notices to us: info@datafenix.ai and our registered office. Notices to you: the contact details on your account.
  • Assignment. You may not assign these Terms without our consent; we may assign to an affiliate or successor.
  • Force majeure. Neither party is liable for delay or failure due to events beyond its reasonable control.
  • Entire agreement. These Terms, the DPA, the Privacy Policy, and any Order Form are the entire agreement and supersede prior discussions.
  • Severability and waiver. If any provision is unenforceable, the rest stands; failure to enforce a right is not a waiver.
  • No third-party rights, except that the limitations and exclusions of liability extend to our affiliates and personnel.

16. Contact

DATAFENIX LTD, Unit 1 The Cam Centre, Wilbury Way, Hitchin, Herts, SG4 0TW, United Kingdom — info@datafenix.ai