Terms of Service
Last Updated: November 11, 2025
These Terms of Service ("Agreement") govern your access to and use of the WhereThen Software as a Service ("Service" or "WhereThen") provided by WhereData ("WhereData," "we," "us," or "our"). WhereThen is a product of WhereData (www.wheredata.co.uk).
By accessing or using the Service, you ("User" or "you") agree to be bound by these Terms of Service.
1. The Service and Product Overview
Service Description:
WhereThen is a Software as a Service (SaaS) platform designed to enable users, to analyse and compare retail locations across the UK.
Data Usage:
The Service utilises Footfall data supplied by WhereData. Your use of this underlying data is governed by the separate End-User License Agreement (EULA), which is incorporated by reference into this Agreement.
Service Level Agreement (SLA):
WhereData aims to provide high availability. Specific service level targets and support details will be governed by a separate Service Level Agreement (if applicable) or determined by WhereData.
2. User Accounts and Access
Registration:
To access the Service, you must register and create an account.
Free Version:
Registration grants you access to a free version of the product, which includes analysis for example locations.
Paid Access:
To add and analyse locations beyond the examples for your own use, you must purchase credits.
Account Security:
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Prohibited Actions:
The User shall not attempt to modify, disrupt, or tamper with the integrity or performance of the Service. The User shall not upload, inject, or transmit any malicious code, viruses, or content that infringes upon the intellectual property or other rights of a third party.
3. Payment and Credits
Credits:
Access to analyse additional locations beyond the free version requires the purchase of credits.
Billing:
All purchases of credits are subject to WhereData's payment terms and conditions (to be specified separately). All sales are final unless otherwise stated.
Late Payment:
WhereData reserves the right to charge interest on overdue payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Continued failure to pay may result in suspension or termination of access to the Service.
Cancellation and Refunds:
All purchases of credits are generally non-refundable and final. Termination of this Agreement will not result in a refund for any unused credits or prepaid fees.
4. License and Data Product
Service License:
WhereData grants you a non-exclusive, non-transferable, limited license to access and use the WhereThen Service solely for your internal business purposes.
Data Product License:
Your use of the data, including Footfall data, within the WhereThen Service is subject to the terms of the End-User License Agreement (EULA). You agree to abide by the data usage restrictions outlined in the EULA, including, but not limited to, not reproducing, distributing, or scraping the Data Product.
Open Data Use:
In addition to WhereData's proprietary Footfall data, the Service also incorporates and uses publicly available Open Data, specifically data from the UK Census 2021.
Ownership:
WhereData retains all right, title, and interest in and to the WhereThen platform and the underlying Data Product, including all intellectual property rights.
5. Privacy Policy
Personal Information:
Your use of the WhereThen Service is covered by the WhereData privacy policy, which details what personal information we collect, how we use it, and why.
Data Collected:
Information collected includes, but is not limited to: Names and contact details, addresses, purchase or account history, and website user information.
Your Rights:
The privacy notice also outlines your data protection rights, including the right of access, rectification, and erasure.
Contact:
For privacy concerns or to make a data protection rights request, please use the contact details provided in the privacy notice: contact@wherethen.co.uk
6. Disclaimer of Warranties and Limitation of Liability
Disclaimer:
The Data Product is provided "as is" and "as available," without any warranties of any kind, express or implied. WhereData specifically disclaims all warranties of merchantability and fitness for a particular purpose.
Limitation of Liability:
In no event shall WhereData be liable for any indirect, incidental, consequential, or punitive damages arising out of your use of the Data Product. WhereData's total liability shall be limited to the amount paid by you for access to the Data Product.
7. Termination
Termination for Breach:
WhereData may terminate this Agreement immediately if you breach any provision and fails to cure the breach within thirty (30) days of written notice.
Effect of Termination:
Upon termination, you must immediately cease all use of the Data Product and delete any copies of the Data Product in their possession.
8. Governing Law and Dispute Resolution
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
Dispute Resolution:
Any dispute shall be resolved through arbitration in accordance with the Arbitration Act 1996. If arbitration is unsuccessful within 30 days, either party may commence proceedings in the courts of England and Wales.
9. Entire Agreement and Modifications
Entire Agreement:
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
Modifications:
WhereData reserves the right to modify this Agreement at any time. Continued use of the Service after notification of changes constitutes acceptance of the modified Agreement.