Terms of service
The terms on which we provide Samesake to your organisation.
1. About these terms
1.1 These terms are an agreement between APDTECH LTD, a private limited company registered in England and Wales (company number 10270738), whose registered office is at 183 Main Street, Yaxley, Peterborough, England, PE7 3LD ("we", "us", "our"), and the organisation that subscribes to Samesake ("you", "your"). Our VAT number is 251 1677 18. You can contact us at hello@samesake.co.uk.
1.2 You accept these terms when you tick the box to accept them at checkout, sign an order form that refers to them, or first use Samesake after we've sent them to you, whichever is first. The person who accepts them confirms that they're allowed to agree to them for your organisation.
1.3 Samesake is for organisations. By accepting these terms you confirm that you're acting for a business or other organisation, not as a consumer.
1.4 Our data processing agreement, at https://samesake.co.uk/data-processing/, forms part of these terms. If you and we sign an order form, it forms part of them too. If they conflict, the order form comes first, then the data processing agreement (for anything about personal data), then these terms.
1.5 Before you pay at checkout you can review your order and correct any mistakes. These terms are in English, and you can save or print them from this page at any time. We keep a copy of the version you accepted.
2. Words we use
- Service: Samesake, the online service we provide under these terms, including its web app, API, identity map feed and documentation.
- Plan: Starter, Business or Enterprise, as set out in Schedule 1 or in an order form.
- Sandbox: a separate copy of the Service for testing, attached to your live account.
- Authorised User: a person you allow to sign in to your account.
- Source: one of your systems that sends records to the Service, through the API or as CSV files.
- Source Record: a record a Source has sent that hasn't been deleted. Your Plan's record limit counts these across all your Sources.
- Customer Data: the records and other data you, your Authorised Users or your Sources send to the Service, and what the Service creates from them for you, such as matches, person IDs and the identity map.
- Billing Period: each month of your subscription, starting on the day you subscribed.
- Working Day: Monday to Friday, except public holidays in England. Working Hours: 9am to 5pm UK time on a Working Day.
3. The Service
3.1 The Service receives customer records from your Sources, works out which records belong to the same person, gives each person a permanent ID, lets your Authorised Users review and correct the results, and makes the resulting identity map available to your other systems.
3.2 We'll provide the Service with reasonable skill and care, with the features, limits and service levels of your Plan.
3.3 We improve the Service all the time and may change how it works. If a change would take away a main feature of your Plan, we'll tell you at least 30 days before it takes effect, and you can cancel before then under clause 11.
4. Matching results
4.1 The Service matches records by comparing their details and scoring how strongly they agree. No matching method is perfect: the Service can link records that belong to different people, or miss records that belong to the same person. Pairs that need a closer look go to your review queue for a person to decide.
4.2 You're responsible for reviewing the matches the Service suggests, and for what you do with the results, for example merging records in your own systems or contacting people. We don't promise that the results will be complete or correct.
5. Your account and Authorised Users
5.1 Every Plan includes unlimited Authorised Users. You decide who they are and what role each has, and you're responsible for what they do in your account.
5.2 You'll keep sign-in details, API keys and feed keys secure, remove access for people who no longer need it, and tell us promptly if you think someone has got into your account without permission.
6. Your data and your responsibilities
6.1 You own your Customer Data. You give us the right to use it only to provide, support, secure and maintain the Service for you, as the data processing agreement describes, and to produce the anonymised statistics clause 16.3 allows.
6.2 You're the controller of the personal data in your Customer Data, and we process it for you. You're responsible for:
- having a lawful basis to send it to us and have it processed as the Service does;
- telling the people it's about what you do with their data, as data protection law requires;
- the accuracy of what your Sources send, and your Sources and connectors working properly;
- sending only the kinds of personal data the Service is designed for: names, titles, contact details, dates of birth, addresses and your own record IDs.
6.3 You won't send special category data (such as health, ethnicity or religion) or data about criminal convictions or offences, unless we've agreed it in writing first.
7. Using the Service fairly
7.1 You'll use the Service only for your own organisation's purposes, including records about your group companies' customers if you have the right to share them. You won't:
- use it to break the law or anyone's rights, including sending marketing that data protection or electronic marketing law doesn't allow;
- try to reach another customer's data, get round the Service's security or limits, or test its security without our written agreement;
- send anything harmful, such as malware, or send requests at a rate meant to disrupt the Service;
- copy, change or reverse-engineer the Service's software, except as far as the law allows despite this clause;
- resell the Service or provide it to anyone outside your organisation.
7.2 We may suspend access immediately, in whole or in part, if we reasonably need to in order to stop a security threat, a breach of clause 7.1, or harm to the Service or other customers. We'll tell you why as soon as we can, and restore access once the problem is dealt with.
8. Plans, limits and Sandboxes
8.1 Your Plan's limits on Source Records and Sources are in Schedule 1. We count active Source Records when we check your usage.
8.2 Going over a limit never stops the Service. We'll tell you and discuss a suitable Plan or extra capacity. We won't charge you more because you've gone over a limit unless you've agreed the price for the change.
8.3 You can add Sandboxes when you subscribe or at any time from your account's Billing page, for the monthly price in Schedule 1 (Enterprise includes one). A Sandbox is for testing only: don't use it to run your live operations. It holds up to 100,000 Source Records from as many Sources as your Plan allows, has no uptime target, and gets support by the next Working Day. We recommend filling it with synthetic data, which we can provide, rather than real personal data. Any personal data you put in a Sandbox is covered by the data processing agreement in the same way as your live account.
8.4 When you remove a Sandbox, it becomes read-only at once, its charge stops from your next Billing Period, and we delete it 30 days later. There's no refund for the current Billing Period.
9. Fees and payment
9.1 Your fees are the monthly prices for your Plan and Sandboxes shown at checkout, in Schedule 1, or in your order form.
9.2 Fees are charged monthly in advance, at the start of each Billing Period. There's no minimum term. Prices exclude VAT, which we add at the rate that applies.
9.3 You pay by card, or by Direct Debit where it's offered at checkout, through our payment provider, Stripe, which takes each month's payment automatically. If we've agreed to invoice you instead, our invoices are due within 30 days of their date.
9.4 If you move to a bigger Plan, the change takes effect at once and we charge the difference for the rest of the current Billing Period. If you move to a smaller Plan, the change takes effect at the start of your next Billing Period, and only if your account is within the smaller Plan's limits. Adding a Sandbox works like moving to a bigger Plan.
9.5 Apart from what these terms say, fees aren't refundable, including for part of a Billing Period after you cancel.
9.6 We may change our prices by telling you at least 30 days in advance. The new price applies from your first Billing Period that starts after the notice ends. If you don't want to pay it, you can cancel before then.
9.7 If you think a charge is wrong, tell us within 30 days of it, and we'll look into it. We may claim interest and compensation on late payments under the Late Payment of Commercial Debts (Interest) Act 1998.
10. Missed payments
10.1 If a payment fails, we'll let you know, and Stripe will try again. If it stays unpaid, the Service steps down as follows, counting from the day the payment first failed:
- Days 1 to 30: everything keeps working.
- Days 31 to 60, read-only: you can still sign in, review matches, see your people and use the identity map feed, but the Service won't accept new or changed records.
- Days 61 to 90, suspended: only your admins can sign in, to pay what's owed; the API and identity map feed stop.
- After day 90: we may end the agreement by telling you, and your data is then deleted under clause 12.
10.2 Paying what's owed at any point before the agreement ends restores the Service straight away.
10.3 Whatever the state of your payments, the Service always accepts requests from your Sources to delete records, so the records you delete in your systems are deleted here too. While your account is suspended, you can also email us to delete particular records or people.
11. Cancelling and ending the agreement
11.1 You can cancel at any time from your account's Billing page. Cancelling takes effect at the end of your current Billing Period, and we won't charge you again.
11.2 We may end the agreement for any reason by telling you at least 90 days in advance, and we'll refund any fees you've paid for time after it ends.
11.3 Either of us may end the agreement straight away by telling the other if the other:
- seriously breaks these terms and, where it can be put right, doesn't put it right within 14 days of being asked to; or
- becomes insolvent, enters administration, liquidation or a similar process, or stops trading.
11.4 You may also end the agreement straight away by telling us if availability is below 99.0% in three months in a row (see Schedule 1), or within 30 days of our telling you about a change under clause 3.3, 9.6 or 20. If you do, we'll refund any fees you've paid for time after it ends.
11.5 Clauses 12, 15, 16, 18 and 21, and any others that are meant to, continue after the agreement ends.
12. Your data when the agreement ends
12.1 When the agreement ends, your account becomes read-only for 30 days, so you can take what you need, for example through the identity map feed. If it ends under clause 10, your account has already been read-only and then suspended, so there's no further read-only time. We delete your Customer Data, including your Sandboxes, within 30 days after the read-only time ends or, if the agreement ended under clause 10, after it ends. You can ask us to delete it sooner.
12.2 Deleted data can remain in backups for up to 37 days after deletion from the live database, while those backups expire. This allows up to 7 extra days beyond your Plan's restore window for Azure's backup cycle.
12.3 Once your account and its backups have been deleted, your Customer Data can't be recovered. We keep our own records, such as invoices and your account contacts, as our privacy notice describes.
13. Service levels and support
13.1 Each Plan's uptime target, support and backups are in Schedule 1. Support times are times to reply, not to fix.
13.2 We'll do planned maintenance outside Working Hours where we reasonably can, and tell you at least 48 hours in advance if it will make the Service unavailable. We may carry out urgent security work without notice.
14. Data protection
14.1 When we process personal data in your Customer Data, we do it as your processor under the data processing agreement.
14.2 We're the controller of the details we hold to run our relationship with you, such as your contacts' names and emails, billing details and records of payments, and our privacy notice explains how we use them.
15. Confidentiality
15.1 Each of us will keep the other's confidential information secret and use it only for this agreement. Confidential information includes your Customer Data, our software and anything either of us marks as confidential or that a reasonable person would see as confidential.
15.2 This doesn't cover information that is or becomes public through no fault of the one receiving it, that they already had or develop independently, or that they get lawfully from someone else. Either of us may share confidential information with professional advisers bound to keep it secret, with our subcontractors as the data processing agreement allows, or where the law, a court or a regulator requires.
16. Intellectual property
16.1 We own the Service, its software, documentation and matching rules, and any improvements to them. While the agreement lasts, we give you a non-exclusive, non-transferable right for your Authorised Users to use the Service for your organisation.
16.2 Your Customer Data stays yours, including the person IDs and identity map the Service creates from it, which you may keep using after the agreement ends.
16.3 If you give us suggestions or feedback, we may use them freely. We may use statistics about how the Service is used, such as record counts and response times, that are combined across customers and anonymised so that they don't identify you or any person, to run and improve the Service.
16.4 If someone claims that your use of the Service in line with these terms infringes their intellectual property, we may change the Service so it doesn't, get you the right to keep using it, or, if neither is reasonably possible, end the agreement and refund any fees you've paid for time after it ends.
17. Our promises
17.1 Each of us promises that it's entitled to enter into this agreement.
17.2 Apart from the promises these terms make, we don't promise that the Service will be uninterrupted, free from errors, or suitable for any particular purpose, and as far as the law allows, no other terms are implied.
18. Liability
18.1 Nothing in these terms limits or excludes the liability of either of us for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else the law doesn't allow us to limit or exclude.
18.2 Neither of us is liable to the other for loss of profits, revenue, business, goodwill or anticipated savings, whether direct or indirect, or for any indirect or consequential loss.
18.3 The total liability of each of us to the other under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited, for all claims together, to an amount calculated by reference to the first event giving rise to a claim:
- If that event occurs during the first 12 months of your subscription, the cap is the total subscription fees that would be payable for those full 12 months. This includes fees paid or payable up to the event and fees for the rest of those 12 months, calculated using the Plan, Sandboxes and prices agreed at the time of the event, including any agreed introductory discounts and when they end.
- After the first 12 months, the cap is the subscription fees paid or payable for the 12 months immediately before that event.
Both calculations exclude VAT. Calculating a full year's fees for this cap doesn't require you to remain subscribed for a year or change your right to cancel under clause 11. The exceptions in clauses 18.1, 18.4 and 18.6 still apply.
18.4 Clause 18.3 doesn't limit your duty to pay our fees.
18.5 If Customer Data is lost or damaged, our first duty is to restore it from our latest backup within the restore period of your Plan, and to re-run matching where needed. Your Sources can also send their records again.
18.6 Nothing in these terms limits the rights that people whose personal data is processed have under data protection law.
19. Events outside our control
Neither of us is responsible for a delay or failure caused by events outside its reasonable control, such as natural disasters, war, terrorism, government action, widespread internet or power failures, or a failure of a supplier's service that we couldn't reasonably have avoided. This doesn't excuse late payment. If such an event stops the Service for more than 30 days in a row, either of us may end the agreement by telling the other.
20. Changes to these terms
We may change these terms by telling your account's admins at least 30 days in advance, by email and in the Service. Changes take effect from your first Billing Period that starts after the notice ends. If you don't agree, you can cancel before then. A change required by law, or to keep the Service secure, can take effect sooner if it has to.
21. General
- Notices: we send notices to the email addresses of your account's admins; you send them to hello@samesake.co.uk.
- Transfer: you may transfer this agreement only with our written agreement, which we won't unreasonably refuse. We may transfer it to anyone who takes over our business, after telling you.
- Subcontractors: we may use subcontractors, as the data processing agreement allows for personal data, and we remain responsible for what they do.
- Whole agreement: these terms, the data processing agreement and any order form are the whole agreement between us, and replace anything said or written before. Neither of us has relied on any statement that isn't in them, but this doesn't limit liability for fraudulent misrepresentation.
- Severance: if any part of these terms can't be enforced, the rest still applies.
- Waiver: not enforcing a right straight away doesn't mean giving it up.
- Publicity: we won't name you as a customer, or use your logo, without your permission.
- Relationship: nothing in these terms makes us partners or agents of each other.
- Third parties: no one else has a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
- Law and courts: these terms and any dispute about them, including non-contractual disputes, are governed by the law of England and Wales, and only the courts of England and Wales can decide them.
Schedule 1: Plans and service levels
Monthly prices exclude VAT. Business covers up to 500,000 Source Records; above that, move to Enterprise, which covers up to 2 million. Above Enterprise's record limit, a custom plan and price are agreed with you.
| Starter | Business | Enterprise | |
|---|---|---|---|
| Monthly price | £99 for your first 6 months, then £149 | £199 for your first 6 months, then £249 | £499 for your first 6 months, then £599 |
| Source records | Up to 100,000 | Up to 500,000 | Up to 2 million |
| Users | Unlimited | Unlimited | Unlimited |
| Sources | Up to 2 | Up to 5 | Unlimited |
| Your data | Separate database | Separate database | Separate database. Dedicated compute, high-performance storage and a failover copy in a second region are available as add-ons, priced by quote. |
| Zone redundancy | Paid upgrade, priced by quote | Paid upgrade, priced by quote | Paid upgrade, priced by quote |
| Sandbox | £50 a month each | £50 a month each | One included; more at £50 a month each |
| Restore to any point in the last | 7 days | 30 days | 30 days |
| Your own domain | Not included | Available on request | Included |
| Support (Monday to Friday, 9am to 5pm UK) | Email, reply by the next working day | Email, reply within 4 working hours for urgent issues | A named contact, reply within 2 working hours for urgent issues |
| Uptime target | 99.5% | 99.9% | 99.95% |
We configure your Plan's database and restore window before activating your paid account.
Availability. Availability is the percentage of minutes in a calendar month in which the Service's web app and API respond to requests. It doesn't count time lost to:
- planned maintenance we told you about under clause 13.2;
- urgent security work under clause 13.2;
- events outside our control under clause 19;
- problems caused by you, your Authorised Users, your Sources or your connectors;
- suspension under clause 7.2 or 10;
- Sandboxes.
Urgent issues means the Service is unavailable, or receiving records, matching, review or the identity map feed isn't working, for all your Authorised Users.
Version
Last updated: 27 October 2026