Terms of Service
The Archiver — operated by Broadhurst Digital Limited
Effective Date: 21 February 2026 · Last Updated: 21 February 2026
1. Introduction
These Terms of Service ("Terms") govern your access to and use of The Archiver, a cloud-based archival management platform ("Service"), operated by Broadhurst Digital Limited ("we", "us", "our"), a company registered in England and Wales.
Company Details:
- Company Name: Broadhurst Digital Limited
- Registered Address: 18 St Nicholas Place, Derby, DE1 3GD
- Company Registration Number: 12503471
- VAT Registration Number: GB355920584
- D-U-N-S Number: 225760732
- Date of Incorporation: 9 March 2020
- Director: Martin Broadhurst
- Contact: 01332 460 205
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Definitions
- "Account" means the user account you create to access the Service.
- "Content" means any files, images, documents, audio, video, metadata, text, or other materials you upload, create, or store using the Service.
- "AI Features" means the automated classification, metadata extraction, transcription, analysis, and research tools powered by artificial intelligence.
- "Organisation" means a group account under which multiple users collaborate.
- "Subscription" means a paid plan providing access to additional features and capacity.
- "Accession" means a group of related archival items uploaded together.
- "Fond" (plural: "Fonds") means an archival collection or hierarchical grouping of accessions.
- "Dossier" means a cross-cutting thematic grouping of items from across fonds and accessions.
3. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent that you have the legal capacity to enter into a binding agreement.
4. Account Registration
4.1. You must provide accurate and complete information when creating an Account.
4.2. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.
4.3. You must notify us immediately if you become aware of any unauthorised use of your Account.
4.4. We reserve the right to suspend or terminate Accounts that violate these Terms.
5. Service Description
The Archiver provides:
- Cloud storage for archival materials (documents, photographs, artefacts, audio, video)
- AI-powered classification, metadata extraction, and transcription
- Archival arrangement tools (fonds, series, sub-series hierarchy)
- Collection analysis and research features
- Dossier creation for cross-collection thematic analysis
- Export in archival standard formats (EAD3, Dublin Core, CSV)
6. Subscriptions and Payment
6.1. The Service is available in multiple tiers (Free, Starter, Professional, Institutional), each with different feature limits and storage allowances.
6.2. Paid Subscriptions are billed in advance on a recurring basis (monthly or annual). Payment terms and pricing are displayed at the time of purchase.
6.3. You authorise us to charge your chosen payment method for all applicable fees.
6.4. We reserve the right to change pricing with 30 days' notice. Existing Subscriptions will continue at their current price until the end of the current billing period.
6.5. Refunds are handled in accordance with applicable consumer protection law. You may cancel your Subscription at any time; access continues until the end of the current billing period.
7. Your Content
7.1. Ownership. You retain all rights, title, and interest in your Content. We do not claim any ownership of your Content.
7.2. Licence Grant. By uploading Content to the Service, you grant us a limited, non-exclusive licence to store, process, transmit, and display your Content solely for the purpose of providing and improving the Service. This includes processing your Content with AI models for classification, metadata extraction, and analysis.
7.3. AI Processing. When you use AI Features, your Content (including file contents, images, and text) is sent to third-party AI providers (currently Mistral AI and Google) for processing. These providers process your data under data processing agreements and do not use your Content for training their models. See our Privacy Policy for details.
7.4. Responsibility. You are solely responsible for your Content and must ensure that:
- You have the right to upload and process the Content
- The Content does not infringe any third party's intellectual property or privacy rights
- The Content complies with applicable laws and our Acceptable Use Policy
7.5. Sensitive Content. Archival materials may contain sensitive personal data, including data relating to deceased individuals, historical records, and culturally sensitive content. You are responsible for ensuring appropriate access controls and handling procedures for such materials. The AI Features include automatic sensitivity detection (PII detection, content warnings) to assist with this.
8. Data Protection
8.1. We process personal data in accordance with UK GDPR and the Data Protection Act 2018. See our Privacy Policy for full details.
8.2. For Organisations processing personal data of third parties (e.g., individuals named in archival materials), you act as the data controller and we act as the data processor. A Data Processing Agreement is available on request.
8.3. You are responsible for determining the lawful basis for processing any personal data contained within your Content.
9. AI Features — Limitations and Disclaimers
9.1. AI-generated metadata, classifications, transcriptions, and analyses are provided as suggestions and should be reviewed by a qualified archivist or user before being relied upon.
9.2. AI outputs may contain errors, inaccuracies, or misinterpretations. We do not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated content.
9.3. The AI Features include confidence levels and reasoning to help you assess the reliability of outputs. Low-confidence outputs should be treated with particular caution.
9.4. AI models are provided by third parties (Mistral AI, Google) and may be updated or changed. We will endeavour to maintain consistent quality but cannot guarantee that AI behaviour will remain identical over time.
10. Intellectual Property
10.1. The Service, including its design, code, features, and documentation (excluding your Content), is owned by Broadhurst Digital Limited and is protected by copyright, trademark, and other intellectual property laws.
10.2. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our prior written consent.
10.3. AI-generated metadata and analysis outputs derived from your Content are considered part of your Content and belong to you.
11. Prohibited Conduct
You must not:
- Use the Service for any unlawful purpose
- Upload malware, viruses, or malicious code
- Attempt to gain unauthorised access to the Service or other users' accounts
- Interfere with or disrupt the Service's infrastructure
- Use the Service to store or distribute content that is illegal, defamatory, or harmful
- Reverse engineer, decompile, or disassemble the Service
- Use automated scripts to access the Service in a manner that degrades performance for other users
- Resell or redistribute the Service without authorisation
See our Acceptable Use Policy for full details.
12. Service Availability
12.1. We aim to provide a reliable and available Service but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable.
12.2. We may modify, suspend, or discontinue any part of the Service at any time. For material changes that reduce functionality, we will provide reasonable notice.
12.3. We are not liable for any loss or damage arising from Service unavailability.
13. Data Retention and Deletion
13.1. Your Content is stored for as long as your Account is active.
13.2. Some tiers have automatic retention policies. Files exceeding the retention period may be automatically deleted. You will be notified before any automated deletion occurs.
13.3. Upon Account deletion, we will delete your Content within 30 days, except where retention is required by law or for the resolution of disputes.
13.4. You may export your Content at any time using the Service's export features.
14. Limitation of Liability
14.1. To the maximum extent permitted by law, Broadhurst Digital Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
14.2. Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
14.3. Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
15. Indemnification
You agree to indemnify and hold harmless Broadhurst Digital Limited, its directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Your Content
- Your violation of these Terms
- Your violation of any third party's rights
16. Termination
16.1. You may close your Account at any time via the Service or by contacting us.
16.2. We may suspend or terminate your Account if you breach these Terms, fail to pay applicable fees, or if required by law.
16.3. Upon termination, your right to use the Service ceases immediately. We will retain your Content for 30 days to allow you to export it, after which it will be deleted.
17. Changes to These Terms
17.1. We may update these Terms from time to time. Material changes will be notified by email or via the Service at least 30 days before they take effect.
17.2. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
17.3. If you do not agree to the updated Terms, you must stop using the Service and close your Account.
18. Governing Law and Disputes
18.1. These Terms are governed by the laws of England and Wales.
18.2. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18.3. Nothing in these Terms affects your statutory rights as a consumer under applicable law.
19. Miscellaneous
19.1. Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and Broadhurst Digital Limited regarding the Service.
19.2. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
19.3. Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.
19.4. Assignment. We may assign our rights and obligations under these Terms. You may not assign yours without our written consent.
20. Contact
For questions about these Terms, contact us at:
Broadhurst Digital Limited
18 St Nicholas Place, Derby, DE1 3GD
Phone: 01332 460 205