Terms of Service | Dataform

Terms of Service

Last updated: 20200821

1. ACCEPTANCE OF TERMS.

1.1 Please read these Terms of Service ("Terms", "Terms or Service", "TOS") carefully before using the https://dataform.co website (the "Site") operated by Tada Science, Inc. ("Dataform", "us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

1.2 Dataform may modify these Terms of Use at any time by posting such modification on the Platform and providing you notice of such update, and any such modification shall automatically go into effect thirty (30) days after it is so posted. In the event that you do not agree to the terms of any such modification, your sole remedy shall be to provide us with written notice during such thirty (30)-day period of your objection and desire to terminate the applicable Agreement(s), in which case the applicable Agreement(s) shall terminate on the last day of such thirty (30)-day period and we shall refund to you an amount equal to a pro rata portion of any Subscription Fees prepaid by you for the Service pursuant to any such Agreement(s). By continuing to use the Platform after any such modification goes into effect, you agree to the terms of any such modification.

2. DESCRIPTION OF SERVICE

2.1 The "Service" includes (a) the Site, (b) Dataform's business analytics services and related technologies for monitoring your internal and external data sources, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content"). Any new features added to or augmenting the Service are also subject to this TOS.

2.2 Dataform does not own and shall not be responsible for any data, information or material that you authorize us to retrieve or submit to the Service in the course of using the Service ("Customer Data"). You, not Dataform, shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Dataform shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.

2.3 Dataform may offer you certain features or a limited version of the Services on a temporary, cost-free basis ("Trial Period"). Unless earlier terminated as described in this TOS, any Trial Period will continue for (a) the then-current Trial Period offered by Dataform, as set forth in the Service, unless otherwise extended by Dataform in its discretion, or (b) if earlier, the start date of your paid Services term. The Trial Period may be subject to additional terms and conditions as set forth in the Service, which are hereby incorporated by reference into this TOS; any such additional Trial Period terms will govern in the event of a conflict with this TOS. Any customer data you provide during the trial period may be deleted after the trial period unless you purchase a paid subscription for the same service features.

3. CONDITIONS, ACCESS AND USE OF THE SERVICE

3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Dataform. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks or any computers, networks, servers or accounts of third parties. You shall comply with any codes of conduct, policies or other notices Dataform provides you or publishes in connection with the Service, and you shall promptly notify Dataform if you learn of a security breach related to the Service. You will not use the Services in a manner that violates the terms and conditions of any third party application or other service.

3.2 Any software or agents that may be made available by Dataform in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Dataform hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Dataform for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Dataform or any third party is granted to you in connection with the Service.

3.3 The failure of Dataform to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Dataform, even though it is electronic and is not physically signed by you and Dataform, and it governs your use of the Service and takes the place of any prior agreements between you and Dataform.

4. ACCOUNT INFORMATION FROM THIRD PARTY SITES.

4.1 Through the Service, you may direct Dataform to retrieve certain information maintained online by third party providers with which you have a customer relationship, maintain accounts or engage in transactions ("Account Information"). You agree to provide your username, password and other log-in information and credentials necessary to access your account with such providers ("Access Information"), and you hereby grant Dataform permission to use the Access Information and Account Information for the purposes contemplated by this TOS.

4.2 By using the Service and providing your Access Information, you expressly authorize Dataform to access and use your Account Information maintained by identified third parties, on your behalf as your agent. You hereby authorize Dataform to use your Access Information to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit Account Information. You acknowledge and agree that when Dataform accesses and retrieves account information from third party sites, Dataform is acting as your agent, and not as the agent of or on behalf of the third party. You represent and warrant that neither the foregoing (or anything else in this TOS) nor your use of the Services will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third party site. The manner in which such third party providers transmit, use, store and disclose your Account Information is governed solely by the policies of such third parties, and Dataform shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Dataform is not responsible for the accuracy, availability or reliability of any Account Information, data, information, content, services, advice or statements made available in connection with such third party services. As such, Dataform is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party services, including without limitation (a) actions or the effect of actions that you authorize the Service to take with respect to third party services (such as database queries), (b) inaccurate or corrupted Account Information within the third party service, the Service or otherwise (c) reliance on calculations or visualizations provided by the Service or actions you take as a result of such calculations or visualizations, or (d) Dataform's categorization or classifications of Account Information on the Service.

4.3 Dataform does not guarantee that any such third party services will continue to be made available within the Service, and such services may be removed or disabled by Dataform at any time without notice to you. You acknowledge and agree that the Service may not be sponsored or endorsed by the third party services accessible through the Service.

5 YOUR DATA

5.1 Your Data. We will use your Data only to provide the Service and the Professional Services and only as permitted by the Agreement and our privacy policy, located at www.dataform.co/privacy. You acknowledge and agree that in order to provide and/or improve the Service, we may: (i) query, transform, process and otherwise access your Data that you store on your Servers or on a third-party service to which you facilitate our access via an application programming interface (“API”) or other means; (ii) analyze the Data to determine which other products and services may be relevant to you and to inform the improvement and development of our products and services; and (iii) create Derived Metadata from such analysis. We may also retain a copy of your Data for a reasonable period of time in order to provide the Service or as otherwise required by applicable law. You shall have sole responsibility for the accuracy, quality, and legality of your Data. Unless we are managing an instance with our third-party hosting provider on your behalf, we will store your Data only as long as needed to provide the Service.

5.2 Sensitive Personal Information. You agree to remove or anonymize all Sensitive Personal Information before transferring or providing access to your Data to us. We will not have any liability that may result from your disclosure of such information to us.

5.3 Data Security. We shall employ commercially reasonable physical, administrative, and technical safeguards to secure your Data on the Platform from unauthorized use or disclosure. Some of the Data may be subject to governmental regulation or otherwise may require security measures beyond those set forth herein. Unless we have first agreed in writing to provide such additional required security measures, we shall have no obligation to do so or any liability in connection therewith.

5.4 European Economic Area. If you are established in, or any of your Data contains the personal data of individuals in, the European Economic Area, we will process any personal data you submit to us when you use the Service in accordance with the Dataform Data Protection Addendum, which will be supplemental to the Agreement.

6. PAYMENT

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Dataform information regarding your credit card or other payment instrument. You represent and warrant to Dataform that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Dataform the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize Dataform to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Dataform know within sixty (60) days after the date that Dataform invoices you. We reserve the right to change Dataform's prices. If Dataform does, Dataform will provide notice of the change in email to you, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

7. REPRESENTATIONS AND WARRANTIES

You represent and warrant to Dataform that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Dataform to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Dataform's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.

8. TERMINATION

The Service may be made available to you for an initial Trial Period as described above. Once you purchase a subscription to the Service, your Trial Period will terminate. You have the right to terminate your account at any time in accordance with the procedures set forth on the Site. Dataform reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Dataform believes that you have violated this TOS. Dataform shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. Dataform will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Dataform. All of Your Content on the Service (if any) will be permanently deleted by Dataform within 30 days of any termination of your account. However, all accrued rights to payment and the terms of Sections 5-12 shall survive termination of this TOS.

9. DISCLAIMER OF WARRANTIES

The service, including the site and content, and all server and network components are provided on an "as is" and "as available" basis without any warranties of any kind, and Dataform expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. you acknowledge that Dataform does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information, advice or services obtained by you from Dataform or through the service shall create any warranty not expressly stated in this TOS.

10. LIMITATION OF LIABILITY

10.1 Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Dataform be liable to you or any third party for (a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost or corrupted data or business interruption, or (b) for any direct damages, costs, losses or liabilities in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim or, if no fees apply, one hundred (\$100) u.s. dollars. the provisions of this section allocate the risks under this tos between the parties, and the parties have relied on these limitations in determining whether to enter into this tos.

10.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Dataform's liability will be limited to the greatest extent permitted by law.

11. DISCLAIMER OF WARRANTIES

You shall defend, indemnify, and hold harmless Dataform from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. Dataform shall provide notice to you of any such claim, suit or demand. Dataform reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Dataform's defense of such matter.

12. ASSIGNMENT

You may not assign this TOS without the prior written consent of Dataform, but Dataform may assign or transfer this TOS, in whole or in part, without restriction.

13. GOVERNING LAW

This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Dataform in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.

14. CONTACT

If you have any questions, comments or requests regarding the Agreement, please email team@dataform.co