Terms of service
The Terms of Service (the “Agreement”) are entered into between Didymos Limited, a company incorporated in England & Wales (Company No. 12345678) with registered office at 13b Kings Grove, London, SE15 2LY, United Kingdom (“Didymos”, “we”, “us”, or “our”), and the entity or person accepting these terms (“Customer”, “you” or “your”).
By (i) signing up to use our Service (ii) clicking “I Agree” (or similar) where indicated in the online order process, Customer agrees to be bound by the terms of this Agreement as of the earlier of those actions (the “Effective Date”).
Definitions
“Affiliate” - any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
“Authorised User” - an employee, contractor or other individual who is authorised by Customer to use the Service on Customer’s behalf.
“Customer Data” - data, content and materials (including personal data) uploaded to, stored in, or processed by the Service by or for Customer or its Authorised Users.
“Documentation” - user guides, FAQs, training materials and policies made available by Didymos describing the Service’s features and use.
“Order Form” - an order document, online plan selection or other ordering mechanism specifying the Service plan, Subscription Term, usage limits, and applicable fees.
“Service” - Didymos’ cloud-based synthetic-user‑testing platform, including the web application, APIs and related services that we make available to you.
“Subscription Term” - the initial term specified in the Order Form and any renewal periods.
Capitalised terms not defined here have the meanings given in the Order Form.
Provision of the Service
2.1 Access rights. Subject to this Agreement and timely payment of fees, Didymos grants Customer a non‑exclusive, non‑transferable right for its Authorised Users to access and use the Service and Documentation during the Subscription Term solely for Customer’s internal business purposes.
2.2 Support & SLA. Didymos will provide standard support and make the Service available in accordance with the Service Level Agreement (SLA) set out in Schedule 1.
2.3 Sub‑processors & hosting. Didymos may engage sub‑processors to provide the Service, a current list of which is available at didymos.ai/legal/sub‑processors. Didymos remains responsible for its sub‑processors’ performance.
Customer obligations
3.1 Authorised Users. Customer is responsible for (a) ensuring that only Authorised Users access the Service and their credentials are kept confidential; (b) all activities conducted through Customer’s accounts.
3.2 Acceptable Use. Customer and Authorised Users must comply with the Acceptable Use Policy (AUP) in Schedule 2. Didymos may suspend access for AUP violations following notice to Customer, unless suspension is required to protect the Service or other users from imminent harm.
3.3 Equipment & software. Customer is responsible for procuring and maintaining all equipment, software and internet connections required to access the Service.
3.4 Co‑operation. Customer will provide reasonable assistance, information and cooperation as may be required for Didymos to provide the Service.
Fees & payment
4.1 Fees. Customer will pay the fees specified in the Subscription Plan. Fees are payable monthly or annually in advance. Fees are non‑refundable.
4.2 Invoicing & payment terms. Unless paid by credit card at checkout, Didymos will invoice Customer and payments are due within 30 days of invoice date. Late payments may incur interest at 4% per annum above the Bank of England base rate.
4.3 Taxes. Fees are exclusive of VAT, sales taxes and similar charges, which will be invoiced as applicable. Customer is responsible for withholding or remitting any taxes required by law.
Intellectual property
5.1 Ownership. Didymos and its licensors retain all right, title and interest in and to the Service, Documentation and any derivatives, excluding Customer Data.
5.2 Feedback licence. If Customer or its Authorised Users provide comments or suggestions regarding the Service (“Feedback”), Didymos may freely use, modify and incorporate the Feedback with no obligation to Customer.
5.3 Customer Data. Customer retains all right, title and interest in Customer Data. Customer grants Didymos a limited licence to process Customer Data to provide and improve the Service in accordance with this Agreement and the DPA.
Data protection & security
6.1 Roles. When processing personal data within Customer Data, Didymos acts as processor and Customer acts as controller (or processor to its own controller).
6.2 Data Processing Addendum. The parties’ data‑processing obligations are set out in the Data Processing Addendum (DPA) in Schedule 3, which is incorporated by reference.
6.3 Security measures. Didymos will implement and maintain administrative, physical and technical safeguards as set out in the Security Overview in Schedule 4 and as required by the DPA.
Warranties & disclaimers
7.1 Mutual warranties. Each party warrants that it has the legal right and authority to enter into this Agreement.
7.2 Didymos warranties. Didymos warrants that during the Subscription Term the Service will operate materially in accordance with the Documentation. Customer must notify Didymos of any warranty breach within 30 days; Didymos’ entire liability and Customer’s sole remedy will be for Didymos to use reasonable efforts to correct the non‑conformity.
7.3 Disclaimer. Except as expressly stated, the Service is provided “as is” and Didymos disclaims all other warranties, including those of merchantability, fitness for a particular purpose and non‑infringement.
Indemnities
8.1 Didymos indemnity. Didymos will defend Customer from any third‑party claim that the Service infringes a UK, EU or US patent, trademark or copyright, and will indemnify Customer for damages finally awarded. If the Service is held to infringe, Didymos may (a) obtain a licence; (b) modify the Service; or (c) terminate the affected Service and refund unused fees. Didymos’ obligations do not apply to claims arising from (i) Customer Data; (ii) combination with non‑Didymos products; or (iii) Customer’s breach of the AUP.
8.2 Customer indemnity. Customer will defend Didymos against any third‑party claim arising from (a) Customer Data or (b) use of the Service in breach of this Agreement, and will indemnify Didymos for related costs and damages.
8.3 Conditions. Each party’s indemnity obligations are subject to (i) prompt written notice; (ii) sole control of defence or settlement; and (iii) reasonable cooperation.
Limitation of liability
9.1 Exclusion of indirect loss. Neither party will be liable for any indirect, consequential or special loss, including loss of profits, revenue, goodwill or data.
9.2 Cap on liability. To the maximum extent permitted by law, Didymos shall not be liable for any indirect, incidental, special, or consequential damages, or for any loss of profits or revenues, arising out of your use or inability to use the Service.
9.3 Exceptions. The foregoing exclusions and caps do not apply to (i) fraud or fraudulent misrepresentation, (ii) infringement indemnities in Section 8, or (iii) Customer’s payment obligations.
Term & termination
10.1 Account Term (free tier). An Account is created when Customer (or an Authorised User) first registers on the Service. The Account Term starts on that registration date and continues until Customer or Didymos closes the account under Section 10.5. During the Account Term, Customer may access the Service on Didymos’ free plan, subject to usage limits published in the Documentation.
10.2 Paid Subscription Term. If Customer purchases a paid plan, the Subscription Term begins on the subscription start date and continues for the period specified. Unless either party gives written notice of non-renewal at least 30 days before the end of the then-current Subscription Term, the paid Subscription will either (a) renew automatically for successive periods equal to the expiring term or (b) revert to the free plan.
10.3 Downgrade on non-payment or notice. If a paid Subscription ends or is suspended for non-payment, the Account automatically switches to a ‘read-only’ mode until the subscription is re-activated.
10.4 Termination for cause. Either party may terminate this Agreement (i) with 30 days’ written notice if the other party materially breaches the Agreement and fails to cure within that period, or (ii) immediately if the other party becomes insolvent, enters administration or liquidation, or ceases business.
10.5 Account closure and data deletion. Customer may close the Account at any time by emailing Didymos customer support. Upon Account closure:
All licences granted under this Agreement cease;
Didymos will make Customer Data available for download for 30 days unless Customer requests earlier deletion; and
After that period, Didymos will delete or anonymise Customer Data in accordance with the DPA.
Fees already paid are non-refundable except as expressly provided in Section 8 (Indemnities) or if Didymos terminates under Section 8.1(c).
10.6 Survival. Sections 5, 6, 8, 9, 10.5, 11 and 12 survive termination or Account closure.
Confidentiality
Each party (“Recipient”) must keep confidential all information marked or reasonably understood to be confidential (“Confidential Information”) and use it only to perform obligations under this Agreement. Recipient may disclose Confidential Information to its Affiliates, employees and advisers subject to confidentiality obligations. This Section does not apply to information that (a) becomes public through no fault of Recipient, (b) was lawfully known before disclosure, (c) is independently developed, or (d) is required to be disclosed by law (with prompt notice where lawful).
General
12.1 Notices. Notices must be in writing and sent by email. Email is deemed received on the next business day after sending.
12.2 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
12.3 Assignment. Neither party may assign this Agreement without the other’s written consent, except to an Affiliate or in connection with a merger or sale of substantially all assets.
12.4 Entire agreement & order of precedence. This Agreement (including Schedules and Order Forms) constitutes the entire agreement and supersedes prior agreements relating to its subject. In case of conflict: Agreement ➔ Schedules ➔ Documentation.
12.5 Severability & waiver. If any provision is held invalid, the remaining provisions remain in effect. Failure to enforce any right is not a waiver.
12.6 Governing law & jurisdiction. This Agreement and any disputes are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, save that Didymos may seek injunctive relief in any court of competent jurisdiction.
12.7 Anti‑bribery & export. Each party will comply with applicable anti‑bribery laws (including the UK Bribery Act 2010 and US FCPA) and export‑control laws.
Schedule 1 – Service Level Agreement (SLA)
This SLA forms part of the Didymos Master Subscription Agreement (“MSA”). Capitalised terms have the meaning given in the MSA unless otherwise stated.
1. Definitions
Term
Meaning
Monthly Uptime Percentage (MUP)
100 × (1 – Downtime ÷ Total Minutes in Month) where Downtime is minutes during which the Service is unavailable to all Customer workspaces, excluding Permitted Exclusions (Section 7).
Downtime
A continuous 5‑minute period in which Didymos’s public API and web app return HTTP 5xx or connection‑timeout errors in excess of 5 percent of requests, as measured by Didymos’ logs.
Business Day / Hours
09:00–18:00 UK time (BST/GMT), Monday–Friday, excluding UK public holidays.
Severity Levels
Defined in Section 4.
2. Service Availability Commitment
Service plan
Monthly Uptime Percentage
Service Credit*
Free / Basic
99.0 %
0 % (no credit)
Pro
99.5%
see table below
Enterprise
99.9%
see table below
2.1 Enterprise & Pro credit scale
MUP achieved
Credit (% of monthly fee)
< 99.9 % – ≥ 99.5 %
5 %
< 99.5 % – ≥ 99.0 %
10%
< 99.0 %
20%
*Credits apply to the monthly (or pro‑rata annual) subscription fee for the month in which the breach occurred and are the sole and exclusive remedy for failure to meet uptime commitments.
3. Incident Management & Support Response
Severity
Description
Initial response target
Status update cadence
Target workaround/ resolution
Sev 1 – Critical
Complete Service outage for all users or confirmed data loss/corruption. IT
12h (email)
Daily
Best‑efforts until resolved
Sev 2 – Major
Key feature inoperative or performance severely degraded with no viable workaround.
12h (email)
Every 2 Business Days
Best‑efforts; aim for resolution within next scheduled maintenance window
Sev 3 – Minor
Partial loss of non‑core features or issue with reasonable workaround.
2 Business Days
Weekly
Next scheduled release
Sev 4 – Informational
Cosmetic issues, documentation clarifications, how‑to questions.
2 Business Days
-
Future release backlog
Incidents should be raised via email Didymos customer support. Sev 1 incidents also require phone escalation (number provided to Enterprise customers).
4. Planned Maintenance
Users will be given at least 72h hours notice ahead of any planned maintenance, announced at https://www.didymos.ai/maintenance
Emergency maintenance may be performed on shorter notice when required for security or stability; Didymos will endeavour to notify Customer at least 30 min in advance via status page and email.
5. Backup, DR & Data Integrity
Didymos relies on Supabase Managed Postgres for all primary data storage. Accordingly, our backup and recovery commitments mirror the backup policy published by Supabase as at the Effective Date of this SLA. Key points are summarised below*:
Control
Commitment
Continuous WAL archiving
Write‑Ahead Logs (WAL) are streamed to off‑cluster object storage approximately every 2 minutes, enabling Point‑in‑Time Recovery (PITR).
Base backup frequency
Automated encrypted base snapshot once every 24 h.
PITR window
Up to 7 days (rolling).
Base‑backup retention
Minimum 7 days; Didymos retains exported snapshots for an additional 23 days, giving a total logical retention of 30 days.
Recovery Point Objective (RPO)
≤ 5 minutes (under normal WAL‑archiving conditions).
Recovery Time Objective (RTO)
≤ 24 hours from incident declaration.
*If Supabase materially amends its backup policy, Didymos will update this Section and notify Customers in accordance with Section 10 (Changes to this SLA).
6. Permitted Exclusions
Downtime does not include interruptions caused by:
Factors outside Didymos’ reasonable control (e.g., force majeure, internet backbone issues, denial‑of‑service attacks not prevented by reasonable controls).
Customer’s software, hardware or network connections.
Customer’s misuse of the Service or violation of the AUP.
Third‑party services explicitly identified as beta, experimental or preview.
Planned maintenance performed in accordance with Section 5.
7. Claiming a Service Credit
To receive a credit, Customer must submit a ticket to Didymos customer support within 30 days of the end of the month in which the SLA breach occurred, including:
Account / workspace ID;
Dates and time ranges of alleged Downtime;
Request logs or screenshots (if available).
Credits will be applied to the next invoice. Credits are forfeited upon Account closure.
8. Sole remedy
Service credits described in this SLA are Customer’s sole and exclusive remedy for any failure by Didymos to meet the commitments in Sections 2–4.
9. Changes to this SLA
Didymos may amend this SLA by giving at least 30 days’ notice via email and the status page. Material reductions in commitments will not take effect for Customer until the start of the next Subscription Term.
Schedule 2 – Acceptable Use Policy (AUP)
You agree not to (and will not permit anyone else to):
Unlawful or harmful conduct
a. Violate or encourage the violation of any law, regulation or the legal rights of others.
b. Upload, generate or disseminate Content that is illegal, defamatory, fraudulent, invasive of privacy, or that infringes intellectual-property rights.
c. Create or distribute malware, viruses, worms, Trojan horses, or other destructive code.Prohibited content & misrepresentation
a. Deliberately request, generate or distribute content that is extremist, sexually exploitative, or otherwise disallowed under the OpenAI Policy.
b. Falsely represent AI-generated Output as solely human-authored or use it to impersonate a person or organisation.System abuse & cost controls
a. Make automated, bulk or scripted API calls that exceed the usage caps, rate limits or fair-use thresholds described in your Plan or the Documentation.
b. Attempt to bypass or disable usage-metering, quotas, billing notices or other cost-control features.
c. Spin up multiple free accounts (or workspaces) to circumvent paid-plan limits or to run polls / surveys at a scale inconsistent with “reasonable personal or internal business use”.
d. Interfere with or disrupt the Service, its infrastructure, or any third-party networks connected to the Service.Security & integrity
a. Probe, scan or test the vulnerability of any Didymos system or network without prior written consent.
b. Access (or attempt to access) the Service by any means other than the interface(s) we provide.
c. Reverse-engineer, decompile or attempt to extract the source code or underlying models, or use the Service to build or train competing models or services.Compliance with terms & policies
a. Use the Service in violation of this AUP, the Master Subscription Agreement, the Privacy Notice or any Documentation.
b. Use the Service in a manner that would cause Didymos or its subprocessors (including OpenAI) to breach their own terms or applicable law.
Enforcement and Excess-Use Remedies
Didymos may monitor usage. If we detect a breach of this AUP or sustained activity beyond fair-use thresholds, we may (i) throttle or suspend the relevant API keys or workspace, (ii) require you to upgrade to an appropriate paid tier, and/or (iii) invoice you for overage charges at the rates in the Order Form or our then-current list price.
Schedule 3 – Data Processing Addendum (DPA)
Information on our data processing activity can be found in our Data Processing Agreement.
Last Updated: 8th of June, 2025
