Terms and Conditions

Last Updated: January 6, 2026

These Terms and Conditions (“Terms”) govern the access and use of the Diligens forensic risk intelligence platform (“the Platform”) provided by Diligens Intelligence Ltd (“we”, “us”, or “our”). By accessing the Platform, you (“the Client”) agree to be bound by these Terms.

1. The Service: Forensic Intelligence

  • 1.1 Scope: Diligens provides algorithmic and human-led forensic risk analysis to identify potential fraud, tax non-compliance, and Mini-Umbrella Company (MUC) structures.
  • 1.2 No Advisory Status: Diligens is a Risk Intelligence Service, not a law firm, tax advisory, or qualified accountancy practice. We do not provide legal or tax advice. All reports and "Forensic Scores" are for informational purposes only.
  • 1.3 Human-in-the-loop: Pursuant to the UK Data (Use and Access) Act 2025, Diligens confirms that significant risk flags are subject to meaningful human intervention before being finalised.

2. Liability Shield & Disclaimer

  • 2.1 Assumption of Risk: The Client acknowledges that fraud detection is a probabilistic exercise. While we use industry-leading heuristics, we do not guarantee the discovery of all fraudulent activity.
  • 2.2 Limitation of Liability: To the maximum extent permitted by law, Diligens’ total aggregate liability for any claim arising out of or in connection with these Terms shall be limited to 100% of the fees paid by the Client in the twelve (12) months preceding the claim.
  • 2.3 Exclusion of Consequential Loss: We shall not be liable for any loss of profits, business interruption, or any tax penalties, fines, or "debt transfer" liabilities imposed on the Client by HMRC or any other regulatory body, even if such losses arose from a failure of the Platform to identify a risk.
  • 2.4 Indemnity: The Client shall indemnify Diligens against any third-party claims arising from the Client’s use of our Forensic Reports to terminate commercial contracts or initiate legal action against their own suppliers.

3. Client Obligations & Data Transparency

  • 3.1 Lawful Basis: The Client warrants that they have a lawful basis (under the UK GDPR and the 2025 Act) to share "Supplier CSVs" and "Worker Payslips" with Diligens for the purpose of crime prevention.
  • 3.2 Supplier Notification: The Client acknowledges that it is their sole responsibility to ensure that their contracts with third-party suppliers (e.g., Umbrellas, CIS providers) include appropriate "Data Sharing" or "Audit" clauses. These clauses must notify the supplier that their data may be shared with third-party professional risk intelligence services (such as Diligens) for the purposes of fraud prevention and tax compliance.
  • 3.3 Worker Privacy Notices: The Client represents that their Privacy Notice provided to individual workers contains sufficiently broad language to cover the transfer of payroll evidence to Diligens for forensic audit purposes, in alignment with the "Crime Prevention" recognised legitimate interests under the UK Data (Use and Access) Act 2025.
  • 3.4 Indemnification: The Client shall indemnify and hold Diligens harmless against any regulatory fines or private claims brought by a Supplier or Worker arising from the Client's failure to provide adequate notice of data sharing.
  • 3.5 Google Maps Bind: By using the Platform’s geospatial verification features, the Client agrees to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

4. Intellectual Property (IP)

  • 4.1 Ownership: Diligens retains all rights, title, and interest in the "Risk Engine," the scoring algorithms, and the format of the Forensic Reports.
  • 4.2 License: We grant the Client a non-exclusive, non-transferable license to use the Forensic Reports for their internal compliance purposes only.

5. Data Retention & Exit

  • 5.1 Retention: We retain forensic intelligence for seven (7) years to support the Client’s defense against retrospective HMRC investigations, in accordance with our Privacy Policy.
  • 5.2 Data Portability: Upon termination of service, and in compliance with the Data (Use and Access) Act 2025, the Client has the right to export their historical Forensic Reports in a machine-readable format for a period of thirty (30) days.

6. Fees and Termination

  • 6.1 Payments: Fees are non-refundable and must be paid in accordance with the selected plan (£2,999/year for the standard license).
  • 6.2 Termination: Either party may terminate with 30 days' written notice. Diligens may suspend access immediately if the Client is suspected of misuse or non-payment.

If you have questions about these Terms, please contact us at legal@diligens.co.uk.