Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "Service" refers to PDPA compliance assessment, documentation, and planning services provided by Dataveil
• "User" or "Client" refers to individuals or organizations engaging with our services
• "We," "Us," "Our" refers to Dataveil
• "Agreement" refers to these Terms and Conditions along with any service-specific agreements
• "Content" refers to deliverables, documentation, and materials provided as part of services

2. Acceptance of Terms

By engaging with our services, accessing our website, or entering into a service agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you do not agree with these terms, please do not use our services or website.

Users must be at least 18 years of age or the age of legal majority in Thailand. By using our services, you represent that you have the legal capacity to enter into binding agreements.

3. Service Description

Dataveil provides professional services related to data protection compliance, specifically:

• PDPA Compliance Assessment services evaluating organizational data handling practices
• Privacy Policy and Consent Framework development services
• Data Breach Response Planning services
• Related consultation services as agreed in service agreements

Services are provided based on information and access provided by the client. The scope, deliverables, timeline, and fees for each engagement are specified in individual service agreements.

Service availability may be subject to geographic or regulatory restrictions. We reserve the right to modify or discontinue services with appropriate notice.

4. User Responsibilities

4.1 Information Provision

Clients agree to provide accurate, complete, and timely information necessary for service delivery. This includes access to relevant documentation, systems, and personnel as agreed in service scope.

4.2 Acceptable Use

Clients agree not to:

• Misrepresent their identity or affiliation
• Use services for unlawful purposes
• Share confidential deliverables with unauthorized parties
• Attempt to access systems or data without authorization
• Interfere with service delivery or website operations

4.3 Implementation Responsibility

Clients are responsible for implementing recommendations and documentation provided through our services. We provide guidance but ultimate responsibility for compliance and implementation rests with the client organization.

5. Intellectual Property

5.1 Our Intellectual Property

All website content, methodologies, templates, and materials developed by Dataveil remain our intellectual property. This includes assessment frameworks, documentation templates, and planning methodologies.

5.2 License to Use Deliverables

Upon full payment for services, clients receive a non-exclusive, non-transferable license to use deliverables for their internal compliance purposes. This license permits:

• Internal use of documentation and recommendations
• Modification of templates for organizational needs
• Implementation of suggested frameworks and procedures

5.3 Restrictions

Clients may not resell, redistribute, or commercialize deliverables. Methodologies and frameworks may not be reproduced for provision to third parties without written authorization.

6. Payment Terms

Pricing for services is specified in individual service agreements. Fees are quoted in Thai Baht (THB) unless otherwise agreed.

6.1 Payment Schedule

Payment terms are established in service agreements. Typical arrangements include payment upon engagement commencement or upon deliverable completion.

6.2 Late Payment

Late payments may result in service suspension or termination. Interest may accrue on overdue amounts as permitted under Thai law.

6.3 Refund Policy

Refunds are considered on a case-by-case basis for services not yet commenced. Once services have begun and resources have been allocated, fees are generally non-refundable except in cases of material service failure.

7. Confidentiality

Both parties agree to maintain confidentiality of information shared during service engagement. This includes:

• Client business information and data processing practices
• Assessment findings and recommendations
• Proprietary methodologies and approaches
• Any information designated as confidential

Confidentiality obligations survive termination of service engagement. Exceptions include disclosures required by law or with written consent.

Formal confidentiality agreements are executed before service commencement for all assessment and consultation engagements.

8. Disclaimers

8.1 Professional Services Disclaimer

Services are provided on an "as is" basis. While we endeavor to provide accurate and helpful guidance, we do not guarantee specific compliance outcomes or regulatory approval.

8.2 No Legal Advice

Our services do not constitute legal advice. Clients should consult qualified legal counsel for legal interpretation of PDPA requirements and regulatory obligations.

8.3 External Factors

We are not responsible for changes in regulations, client circumstances, or third-party actions that may affect compliance status after service delivery.

9. Limitation of Liability

To the maximum extent permitted under Thai law, our liability for any claims arising from services is limited to the fees paid for the specific service giving rise to the claim.

We are not liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Regulatory fines or penalties
• Damages arising from client's failure to implement recommendations
• Force majeure events beyond our reasonable control

This limitation does not apply to liability for fraud, willful misconduct, or violations that cannot be limited under applicable law.

10. Indemnification

Clients agree to indemnify and hold harmless Dataveil from claims, damages, or expenses arising from: misrepresentation of information provided; failure to implement recommendations; unauthorized use of deliverables; or violation of these terms. This indemnification survives termination of service engagement.

11. Termination

11.1 Client Termination

Clients may terminate service engagements with written notice. Fees for work completed up to termination date remain payable.

11.2 Our Termination Rights

We may terminate service engagements if: payment obligations are not met; client fails to provide necessary information or access; or client violates these terms.

11.3 Effect of Termination

Upon termination, confidentiality obligations and intellectual property provisions remain in effect. Deliverables for completed work are provided upon full payment of outstanding fees.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Thailand. Any disputes are subject to the exclusive jurisdiction of Thai courts.

12.2 Informal Resolution

Parties agree to attempt informal resolution of disputes through good faith negotiation before pursuing formal proceedings.

12.3 Jurisdiction

Legal proceedings must be brought in courts located in Bangkok, Thailand.

13. General Provisions

13.1 Entire Agreement

These Terms, together with service-specific agreements, constitute the entire agreement between parties regarding services.

13.2 Severability

If any provision is found unenforceable, remaining provisions remain in full effect.

13.3 Waiver

Failure to enforce any provision does not constitute waiver of that provision or any other provision.

13.4 Assignment

These Terms may not be assigned without written consent. We may assign our rights and obligations to affiliates or successors.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through our website or via email to active clients.

Continued use of services after changes indicates acceptance of updated Terms. For active service engagements, terms in effect at engagement commencement generally apply unless otherwise agreed.