Platform Terms

1. About these Terms

1.1. These Platform Terms ("Terms") govern access to and use of the Dwel platform by a museum, attraction, or other organisation ("Site", "you") that creates and manages AI-powered guides ("Guides") for its visitors.

1.2. By creating an account, accepting an invitation, or otherwise accessing the platform, you agree to these Terms on behalf of the Site you represent, and you confirm you have authority to bind that Site.

1.3. These Terms are between the Site and Dwel AI Ltd ("Dwel", "we", "us"), a company registered in England and Wales (company number 15899996), registered office 45 Albemarle Street, Mayfair, London, England, W1S 4JL.

1.4. Contact: contact@dwel.ai.

1.5. Visitors who access a Guide are separately bound by our Visitor Terms, not this document - see Section 10.

2. The Service

2.1. Dwel provides a platform for creating, publishing, and managing AI-powered Guides: an interface for uploading and managing content ("Customer Content"), AI-generated narration and conversational responses ("AI Output"), and visitor-facing delivery of the resulting Guide.

2.2. We may add, change, or discontinue platform features at any time, and will give reasonable notice where a change materially reduces functionality you're actively paying for.

2.3. Admin/preview mode. Authenticated Site staff can preview and test Guides without the visitor payment gate applying, on an ongoing basis, for as long as your account exists - this isn't a time-limited trial.

3. Plans and Pricing

3.1. Dwel offers Guides on one of three arrangements: Basic (no monthly fee, the visitor payment gate is always on), Pro (a flat monthly fee, gate always on, unlimited Guides and full analytics), or Subscription (a negotiated fee, gate off, so visitors never pay).

3.2. Current pricing, and which features come with each plan, are set out on our pricing page or in a signed Order Form, and may change from time to time.

3.3. Where the visitor gate is on (Basic and Pro), the visitor price is shown to the visitor before they pay, and net-of-VAT revenue is split between the Site and Dwel: 55% to the Site on Basic, 70% to the Site on Pro, unless a different split is agreed in writing.

3.4. Your share is calculated before Stripe's payment-processing fee is deducted - Dwel absorbs that fee out of its own share, not yours (see Section 4.7).

3.5. There is no per-Guide gate toggle - whether the gate is on or off is a whole-account setting.

3.6. We may change standard pricing at any time; changes take effect for new charges going forward and don't apply retroactively.

4. Payment Processing

4.1. Visitor payments are processed by Stripe.

4.2. Dwel is the merchant of record for visitor payments - Dwel (or Stripe, acting on Dwel's behalf) collects the visitor price and accounts for any applicable VAT or other sales tax on that charge.

4.3. Your share of visitor revenue is paid out monthly, within 15 business days of each calendar month's end, subject to a minimum payout threshold of £50 - if your accrued balance is below that threshold at month-end, it rolls over and is paid out once the threshold is reached.

4.4. Subscription fees are billed via Stripe or by invoice, as agreed.

4.5. You're responsible for providing accurate payout details; we're not liable for payment delays caused by inaccurate information you've given us.

4.6. Subscription fees and any other amounts Dwel invoices you directly are exclusive of applicable taxes unless stated otherwise; you're responsible for taxes arising from your own use of the Service, other than taxes on Dwel's own income and the visitor-payment VAT covered by 4.2.

4.7. Dwel absorbs Stripe's payment-processing fee out of its own share of visitor revenue - your revenue share is not reduced by this fee. This currently runs at 1.5% + £0.20 per UK card transaction, or a higher rate for non-UK-issued cards and currency conversion; Dwel absorbs that higher rate too rather than passing it on to you.

5. Your Account

5.1. You must provide accurate information when creating an account and keep your login credentials secure.

5.2. You're responsible for all activity under your account, including actions by staff you've given access to.

5.3. We may suspend or terminate an account we reasonably believe is being used in breach of these Terms, is inactive for an extended period, or poses a security risk.

6. Your Content

6.1. You retain ownership of all Customer Content you upload; nothing in these Terms transfers that ownership to Dwel.

6.2. You grant Dwel a licence to host, store, and use Customer Content to generate AI Output, deliver your Guide, and operate and improve the Service.

6.3. You're responsible for the accuracy and legality of your Customer Content, including having the rights needed to upload it and any consents needed from people it depicts or names.

6.4. You must not upload content that's illegal, infringes third-party rights, or is defamatory, hateful, or otherwise seriously objectionable - we may remove such content and, for repeated or serious breaches, suspend or terminate your account.

6.5. You'll indemnify Dwel against claims arising from your Customer Content, including claims that it infringes a third party's rights.

6.6. Your Customer Content must not include special category data (as defined under UK GDPR - for example, data revealing health conditions, religious belief, or biometric data used for identification purposes) unless we've agreed this with you in writing in advance. This is in addition to, and doesn't replace, your obligations under Section 6.4.

7. AI-Generated Output

7.1. AI Output is generated from your Customer Content using third-party AI models and may contain errors, omissions, or inconsistencies, and may vary between generations even from identical input.

7.2. We don't guarantee the accuracy, completeness, or consistency of AI Output, and recommend reviewing it, where practical, before it reaches visitors.

7.3. You're granted a licence to use AI Output generated from your own Customer Content to run your Guide, but not to use it to train a competing AI model or to build a competing product.

7.4. We may change the underlying AI providers or models at any time; this may affect the tone, accuracy, or consistency of AI Output.

7.5. If a third party claims that AI Output infringes their intellectual property rights, we'll defend that claim and indemnify you against resulting damages and costs, provided you notify us promptly and give us control of the defence.

7.6. Section 7.5 doesn't apply, and Section 6.5 applies instead, to the extent the claim arises from infringing material contained in or derived from your Customer Content - for example, where the AI Output reproduces, closely paraphrases, or is substantially based on content you uploaded that itself infringes a third party's rights. In that situation, you'll defend and indemnify us instead.

7.7. Where a claim arises from a combination of our AI models' independent output and infringing material in your Customer Content, the parties will act reasonably in apportioning responsibility and defence costs according to the actual source of the infringing material.

8. Acceptable Use

8.1. Don't use the platform to build a competing product or service.

8.2. Don't attempt to scrape, reverse-engineer, or gain unauthorised access to the platform or other Sites' data.

8.3. Don't use the platform in any way that's unlawful or that knowingly causes harm to visitors or third parties.

9. Intellectual Property

9.1. Dwel and its licensors own the platform, its software, and all underlying technology; these Terms grant you a limited licence to use it, not any ownership.

9.2. If you provide feedback or suggestions, you grant us an unrestricted licence to use them without any obligation to you.

10. Visitors and Visitor Data

10.1. Visitors who access your Guide are bound by our Visitor Terms and Privacy Policy, not by this document, and you must not tell visitors anything that contradicts them.

10.2. As between you and Dwel, Dwel is the data controller for Visitor Data (conversation content, device/session data, and payment data) - consistent with the Visitor Terms - because Dwel operates the AI and payment infrastructure directly with the visitor.

10.3. You'll have access to aggregated and anonymised analytics about your Guide's usage through the platform; you won't get raw, identifiable visitor conversation data by default.

10.4. You must not attempt to extract identifiable Visitor Data beyond what the platform's analytics provide, or use anything you do receive for purposes unrelated to your own Guide.

11. Data Protection

11.1. In relation to your Site staff's own account data, and to Visitor Data, Dwel acts as data controller.

11.2. In relation to any personal data contained within the Customer Content you upload (for example, a photo or name of an identifiable person in your exhibit material), you act as data controller and Dwel acts as data processor, processing that data only on your documented instructions to provide the Service.

11.3. Where Dwel acts as a processor under 11.2, we'll keep it confidential, apply appropriate security measures, only use sub-processors on general authorisation (notifying you of material changes), assist you with data-subject requests where reasonably possible, and delete or return the data on request following termination, unless retention is required by law.

11.3A. Where we engage a new sub-processor, we'll notify you at least 30 days in advance. If you reasonably object on data protection grounds, we'll work with you to address the concern; if we can't reach a resolution, you may terminate the affected Guide's data processing (or, if the concern is not sub-processor-specific, these Terms) without penalty.

11.3B. On reasonable written request, no more than once per 12 months (or at any time following a suspected breach involving Customer Content), we'll provide you with our then-current SOC 2 Type II report or equivalent independent security certification. Where that isn't sufficient to address your specific concern, we'll discuss a mutually agreeable audit process, acting reasonably as to scope, timing, and confidentiality.

11.4. We'll notify you without undue delay, and in any event within 48 hours of becoming aware, of any personal data breach affecting Customer Content we process on your behalf, together with the information reasonably available to us at the time to help you meet your own regulatory notification obligations.

11.5. We enter into a Data Processing Agreement covering the above in more detail with every Site at the point of contract, not only on request.

11.6. Once executed, the Data Processing Agreement forms part of these Terms.

12. Third-Party Providers

12.1. The Service depends on third-party providers, including AI model providers, speech providers (currently including ElevenLabs), hosting/infrastructure providers, and payment processors (currently including Stripe).

12.2. These providers may change from time to time; we're not responsible for their outages, policies, or actions, though we'll use reasonable care in selecting them.

13. Availability and Support

13.1. The Service is provided on an "as available" basis; we don't guarantee uninterrupted or error-free operation, and don't offer a service-level agreement unless one is separately agreed in writing.

13.2. Support is available by email at contact@dwel.ai; we don't commit to a specific response time.

14. Fair Use and Usage Review

14.1. The Service is intended for genuine visitor engagement at your Site, proportionate to your plan and your site's real footfall - not for artificially inflated, automated, or abusive usage.

14.2. We monitor account usage, including session volume, visitor payment conversion, and admin/preview mode activity, to keep the Service fair for everyone - and because, particularly on the Basic plan, Dwel bears the underlying AI cost of every session regardless of whether it converts to a paid visit.

14.3. We review each account's usage against its plan on an ongoing basis, at least every three months.

14.4. Where usage looks disproportionate to your plan or footfall but we have no reason to doubt your good faith - for example, high session volume with very low visitor conversion, or extensive admin/preview mode use beyond genuine content testing - we'll contact you first to understand what's happening, and offer support or an upgrade path rather than penalise you.

14.5. Sites acting in good faith and within reasonable limits for their site won't be penalised for high genuine visitor engagement - a busy, popular Guide is success, not abuse.

14.6. Where usage indicates bad faith, such as automated or bot-generated sessions, deliberate attempts to bypass the payment gate, or sharing admin credentials to avoid it, we may suspend or terminate the account under Section 15 (Term and Termination).

15. Term and Termination

15.1. These Terms apply from the point you create an account and continue until terminated by either party.

15.2. You may terminate at any time by closing your account or giving us written notice.

15.3. We may suspend or terminate your account immediately for a serious or repeated breach of these Terms, non-payment, fraud, or a security risk; for other remediable breaches, we'll give you at least 14 days' notice to fix the issue first.

15.4. On termination, your Guides stop being accessible to visitors, any outstanding fees become due, and any pending revenue-share payouts are settled per Section 4.

15.5. On written request within 30 days of termination, we'll make reasonable efforts to provide an export of your Customer Content and Guide analytics in a usable format; we may retain data briefly afterward for legal or operational reasons before deleting it.

16. Disclaimers and Liability

16.1. The Service is provided "as is" and "as available," without warranties beyond those implied by law.

16.2. To the extent permitted by law, neither party is liable for indirect or consequential losses (including lost profits or data), and Dwel's total liability under these Terms is capped at the fees you've paid us in the 12 months before the claim arose (or, on the Basic plan, a nominal amount).

16.3. Nothing in these Terms limits liability that can't be limited by law, such as death or personal injury caused by negligence, or fraud.

17. Changes to these Terms

17.1. We may update these Terms from time to time; we'll give reasonable notice of material changes.

17.2. Continued use of the platform after a change takes effect means you accept the update.

18. Governing Law and Contact

18.1. These Terms are governed by the laws of England and Wales, and the English courts have jurisdiction.

18.2. Questions about these Terms: contact@dwel.ai.

18.3. Data protection queries: privacy@dwel.ai.

18.4. Registered office: 45 Albemarle Street, Mayfair, London, England, W1S 4JL.