Terms of Service

Product: totalia.ai Provided by: MLK Consulting Ltd, a company registered in England and Wales Registered address: 117 High Street, Chesham, HP5 1DE ICO Registration Reference: ZC206823

Version 1.0 — effective 5 August 2026. We'll publish a new version here whenever these Terms change.

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1. Acceptance of These Terms

These Terms of Service (“Terms”) govern access to and use of totalia.ai (the “Platform”), provided by MLK Consulting Ltd (“we”, “us”, “our”). By creating an account, or by an authorised representative of your organisation entering into an order form or subscription referencing these Terms, your organisation (“Customer”, “you”) agrees to be bound by them.

Our collection and use of personal data in connection with the Platform is described in our Privacy Policy and Data Processing Agreement, both incorporated into these Terms by reference.

2. Definitions

• “Authorised User” — an individual your organisation has granted access to the Platform under your account.
• “Subscription” — your organisation’s paid arrangement to access the Platform for a defined term.
• “Customer Data” — any data your organisation or its Authorised Users upload to, or generate within, the Platform.

3. The Service

The Platform is a browser-based tool that lets Authorised Users classify, analyse, and visualise HR/people data they upload. Data files are parsed entirely within the Authorised User’s own browser; only structural metadata about the file (not its contents) is transmitted to and stored on our infrastructure. The precise architecture and its implications are set out in full in our Data Processing Agreement — that description is a statement of fact about how the Platform works, not merely a promise made here.

We may add, change, or remove features of the Platform from time to time. We’ll aim to give reasonable notice of any change that materially reduces the Platform’s core functionality.

4. Accounts and Authorised Users

• Accounts are provisioned by invitation from an administrator within your organisation — the Platform does not currently support public self-service sign-up.
• You are responsible for ensuring your Authorised Users comply with these Terms, and for maintaining the confidentiality of login credentials.
• You are responsible for the accuracy and lawfulness of any Customer Data uploaded by your Authorised Users, including having any necessary rights or consents to process it (in your own capacity as controller of that data — see our Data Processing Agreement for how the controller/processor relationship works).
• Your administrators are responsible for removing Authorised Users who should no longer have access (e.g. when someone leaves your organisation) — see §9 for what happens when access is removed.

5. Fees and Payment

• Subscription fees are as set out in the applicable order form.
• Fees are payable annually, in advance, in pounds sterling (GBP), by invoice issued by MLK Consulting Ltd.
• Invoices are due within 14 days of the invoice date, unless the order form states otherwise. Late payment may result in suspension of access under §6.
• We may change Subscription fees for a future term by giving at least 60 days’ written notice before the end of the then-current term. A fee change will never apply retroactively to a term already paid for.

6. Term, Renewal, and Termination

• The Subscription runs for an initial term of 12 months from the start date specified in the applicable order form, and renews automatically for successive 12-month terms, unless either party gives at least 30 days’ written notice of non-renewal before the end of the then-current term.
• Either party may terminate for the other’s uncured material breach, on 30 days’ written notice of the breach, if the breach remains unresolved at the end of that notice period.
• We may suspend or terminate access immediately if we reasonably believe continued access poses a security risk, or use of the Platform breaches §7.
• Termination or non-renewal does not entitle Customer to a refund of fees already paid for the current term, except where required by law.
• No free or trial tier currently exists. If one is introduced in future, this section will be reviewed to confirm whether the same terms apply.

7. Acceptable Use

You will not, and will ensure your Authorised Users do not: use the Platform to process data you are not lawfully entitled to process; attempt to circumvent the Platform’s security or access controls; use the Platform to build a competing product; or reverse-engineer the Platform beyond what is permitted by law.

8. Intellectual Property

We (or our licensors) own all intellectual property rights in the Platform itself, including its software, the TOTALIA methodology and frameworks it embodies, and any documentation. Nothing in these Terms transfers ownership of that IP to you. We grant you a limited, non-exclusive, non-transferable right to access and use the Platform for your organisation’s own internal purposes, for the term of your Subscription.

You retain all rights in your own Customer Data. Since the underlying content of your uploaded files is never transmitted to our infrastructure (see §3), there is very little for us to hold rights over in the first place — but to the extent any structural metadata or saved configuration is created through your use of the Platform, you retain ownership of it, and we grant ourselves only the limited licence necessary to provide the Platform back to you (store it, display it to your Authorised Users, and process it as described in our Data Processing Agreement).

9. Data on Termination

On termination or expiry of your Subscription, the data-handling process set out in our Data Processing Agreement §12 applies: access is removed immediately, and data is deleted from our live systems within 72 hours, subject to any minimal records we are required to retain by law.

10. Confidentiality

Each party will keep the other’s confidential information confidential, and use it only as necessary to perform its obligations under these Terms, except where disclosure is required by law.

11. Warranties and Disclaimers

We will provide the Platform with reasonable skill and care. Beyond that, and to the fullest extent permitted by law, the Platform is provided “as is” — we do not warrant that it will be uninterrupted, error-free, or available to any particular uptime standard.

12. Limitation of Liability

Subject to the exceptions below, each party’s total liability arising out of or in connection with these Terms is capped at an amount equal to the fees paid by the Customer in the 12 months preceding the event giving rise to the claim.

Liability arising from a breach of confidentiality obligations or a personal data breach is capped separately, at two (2) times the fees paid by the Customer in the preceding 12 months.

Nothing in these Terms limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be limited or excluded under English law.

13. General

• Assignment. You may not assign these Terms without our written consent, except to a successor of substantially all your business. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control.
• Entire agreement. These Terms, the order form, the Data Processing Agreement, and the Privacy Policy constitute the entire agreement between the parties regarding the Platform.
• Severability. If any provision of these Terms is found unenforceable, the remainder continues in effect.
• Notices. Notices to us should be sent to privacy@email.totalia.ai or in writing to our registered address above.

14. Governing Law

These Terms are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.