1. Scope
1.1 These Data Driven Specific Terms apply to Data Driven, an engagement in which ON DIVERSITY CLOUD EUROPE, S.L. ("DIVERSITY") scopes and builds a data platform for the Customer, which runs on DIVERSITY's infrastructure and which DIVERSITY can run for the Customer, under an Order Form.
1.2 The engagement work is also governed by the Professional Services Specific Terms (/contracts/professional-services/). These Specific Terms supplement the General Terms (/general-terms/) and the Acceptable Use Policy (/acceptable-use-policy/). They do not repeat what those documents settle. In particular, fees, invoicing and late payment (General Terms, Section 7), suspension (Section 8), personal data (Section 9 and the DPA), confidentiality (Section 10), liability (Section 14), notices (Section 18), and governing law and courts (Section 23) apply as written there.
1.3 Where these Specific Terms depart from the General Terms, they say so and prevail, as Section 3.2 of the General Terms provides. Capitalised terms not defined here have the meaning given in the General Terms.
2. Definitions
- "Engagement": the work of scoping and building the Platform, as described in the Order Form.
- "Platform": the data platform built for the Customer and run on DIVERSITY's infrastructure.
- "Discovery Call": the call described in Section 3.
3. Discovery Call
3.1 Before an Engagement, DIVERSITY offers a free 60-minute Discovery Call with an engineer, followed by a written diagnosis within one week.
3.2 The Discovery Call and the diagnosis do not oblige either party to enter into an Agreement.
4. The Engagement
4.1 The Order Form states the scope, deliverables and engagement model of the Engagement.
4.2 Rights in the deliverables are as set out in Section 11.3 of the General Terms.
5. The Platform
5.1 Tenancy. The Platform runs in an isolated tenant for each customer, on clusters dedicated to this platform.
5.2 Identity. Access to the Platform uses the Customer's own identity provider, federated, or DIVERSITY's single sign-on.
5.3 Location. The Platform runs in the site the Customer selects in the Order Form (General Terms, Section 9.4).
5.4 Operation. Where the Order Form says so, DIVERSITY runs the Platform for the Customer, as described there.
6. Backups
Backups of the Platform are included in full, as a managed service. The Order Form states their schedule, retention and restore time.
7. Service levels and support
7.1 The Platform is covered by the SLA. Where the Order Form sets a reduced running schedule, for example working hours only with the Platform stopped at weekends, the SLA applies only during the scheduled running hours.
7.2 Support is provided under the Support Specific Terms (/contracts/support/).
8. Term and billing
8.1 The term of the Engagement and of the Platform is stated in the Order Form. Section 16 of the General Terms applies unless the Order Form provides otherwise.
8.2 The Engagement and the Platform are billed as the Order Form sets out. Prices appear only in the Order Form.
9. End of service
Where the Platform is a data processing service under the Data Act, Section 17 of the General Terms applies. The exportable data and formats are those listed in the Order Form or, where it does not list them, in the register on the Data Act page (/data-act/, Section 6.2). Where the Platform has been mostly custom-built for the Customer, the Order Form may state that Section 17 does not apply (General Terms, Section 17.7).
10. Exclusions
Data Driven does not include model serving or GPUs, which are AI services (/contracts/ai/).