Terms of Service Agreement
Effective Date: June 1st,2019
PLEASE READ THIS DOCUMENT CAREFULLY. This Terms of Service (“Agreement”) is a legal agreement between you (referred to herein as “you” or “your”) and Dataxis SARL. (“Dataxis”, “we”, “our”, or “us”) for access to and use of our website available at www.dataxis.com (the “Website”) and the related software, feeds, and online services owned, controlled or offered by us that post a link to this Agreement (referred to collectively as the “Service”). YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT
Grant of rights – Restrictions of use
A) Authorized Users (defined below in Section 1.F) are granted a nonexclusive, nontransferable, limited right during the applicable Term, to access, use the Online Services and Materials made available to you. The rights granted exclusively to are as follows: (a) The right to use certain Online Services and Materials for research purposes only. Including, the right to copy Materials into Authorized User’s analyses, presentations, documents, and other similar forms of work or research for internal purposes only; (b) The right to create Derived Data (defined below), and publish limited excerpts of the Data in printed or electronic documents, charts, spreadsheets, files, reports, presentations internally and for audit and regulatory purposes, consistent with your ordinary course of business. For purposes of this Agreement: “Derived Data” shall mean any information, model, index, score or data resulting from your manipulation or analysis of the Data and/or combination with other data not provided by Dataxis, such that the underlying Data is not discernable as being that of Dataxis. Notwithstanding the foregoing, you shall not directly or indirectly, resell or commercially profit from providing the Materials or Derived Data to third parties;
B) Neither party shall use the name, trademarks, service marks, symbols, or logos of the other party without the express prior written consent of the other party. Additionally, under no circumstances may any Authorized User offer, sell, retransmit any part of the Online Services or Materials to any other person for commercial resale or commercial redistribution in any medium or use the Online Services or the Materials to compete with the business of Dataxis. You may not modify, reverse engineer, reverse assemble or reverse compile any part of the Online Services or Materials. You may not use the Online Services in any way to improve the quality of any data sold or contributed by you to any third party. Downloading and storing Materials in an archival database, decompiling, disassembling or reverse engineering the Materials is strictly prohibited;
C) All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and Materials in any medium belongs to Dataxis or its third-party suppliers of Materials. Authorized Users do not acquire any proprietary interest in the Online Services, Materials, or copies thereof, except the limited rights granted herein.
D) Authorized Users may not use the Online Services or Materials in any fashion that knowingly infringes the intellectual property rights or proprietary interests of Dataxis or any third party. Your use of the Online Services and Materials must comply with all applicable laws, rules or regulations. You may not use the Online Services for any illegal purpose or in any manner inconsistent with the Agreement or any applicable laws.
E) Authorized Users may not remove, alter, edit or obscure the copyright notice or other notices contained in the Online Services and Materials or on www.dataxis.com
F) For the purpose of this Agreement, the term “Authorized User” refers to you as an eligible person with a Premium, Reports or Corporate access.
a) You agree that Dataxis login information, including username and password, may only be used by the Authorized User to whom Dataxis assigns it and that Dataxis login information may not be shared with or used by any other person, including other Authorized Users.
b) You represent, warrant, and agree that you will not create or attempt to create multiple user accounts on the Service.
c) You will use best efforts prevent unauthorized use of Dataxis login information and will promptly notify Dataxis, in writing, if you suspect that Dataxis login information is lost, stolen, compromised, or misused.
d) Use of the Online Services via mechanical, robotic, scripted or any other automated means is strictly prohibited. In the absence of any prior written agreement by Dataxis, use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
e) Dataxis may amend, enhance, add to, withdraw, or otherwise change Online Services, Materials, and feature functionality within the Online Services without notice to you. Such modifications shall be effective immediately.
f) Authorized Users are required to provide truthful and accurate information during registration, including, but not limited to, correct shipping and payment information, correct contact information (e-mail, telephone, etc.), confirmation of payment arrangements, confirmation of status, acceptance this Agreement.
g) Authorized Users are required to notify Dataxis of User’s any relevant changes made to the information contained in this Section.
Provision of the Service by Us
We are constantly improving the Service in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Service which we provide may change from time to time without prior notice to you. Any new features that augment or enhance the current Service shall be subject to this Agreement.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately by using the “Contact Us” or “Help” feature on the Website.
Changes to Agreement
We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time, and when we do so, we will provide you with reasonable notice that a change, amendment or modification has been made. You agree that reasonable notice includes, by way of example, a reasonably prominent posting on the Website or the sending of an e-mail to you, indicating that this Agreement has been changed. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.
Limited warranty and Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless Dataxis, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all loss, damage and expense, including reasonable attorney’s fees, and amounts paid in settlement arising from any and all third party claims that: (i) arise out of your use of the Online Services in violation of this Agreement; (ii) violate or breach this Agreement and in turn infringes such party’s intellectual property rights. You shall have the right, at your expense, to assume the exclusive defense and control of any such matter and Dataxis will fully cooperate with you in asserting any available defense. This indemnification is contingent on Dataxis providing prompt notice to you of any such third party claim and shall not apply if the claim stems from any negligence, willful misconduct, or breach of this Agreement by Dataxis. YOU AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED “AS IS”, AND “AS AVAILABLE” AND THAT DATAXIS AND EACH THIRD PARTY SUPPLIER OF MATERIALS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ONLINE SERVICES AND MATERIALS, INCLUDING BUT NOT LIMITED TO, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE DIRECTLY OR INDIRECTLY FROM: (i) THE USE OR MISUSE OF, OR RELIANCE UPON, THE SERVICE PROVIDED HEREUNDER; (ii) THE INABILITY TO USE THE SERVICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, OR DESTRUCTION; (iii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE; OR (iv) THE DELETION AND/OR CORRUPTION OF ANY DATA, INFORMATION, DOCUMENTS, FILES AND/OR ANY OTHER MATERIALS STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED TO THE SERVICE. SUCH LIMITATION ON LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
- Term and Termination
This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting all copies of the App in your possession or control, if any, and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service. Removal of the App or discontinuing use of the Service does not relieve you of your prior liabilities and continuing obligations under this Agreement, as applicable.
This Agreement shall be governed by and construed in accordance with the laws of the France without giving effect to principles of conflicts of law.
No Assignment, Sublicense or Transfer
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Service, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
This Agreement shall constitute the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.
This Agreement and its terms and conditions may be amended or replaced by Dataxis from time to time as described herein or by written agreement at the discretion of Dataxis. Pricing may only be changed in accordance with the terms of your price schedule; all other provisions set out in the general terms and conditions of this Agreement may be amended in Dataxis’s sole discretion and effective immediately after notice to you, if applicable, or if any changes are made to this Agreement, such changes will: (a) only be applied prospectively; and (b) will apply to all similarly situated Dataxis customers using the Online Services.
Our refund policy is 15 Days.
Your account must be unused after purchase (no use of credits purchased, no reports viewed/downloaded) and to complete the refund, we require a receipt or proof of purchase. Once your mail is inspected, we will notify you of the approval of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 10 days.