Terms of Use
Last update: October 2024
1. Service description, Acceptance of Terms, Privacy Policy
Welcome to DataLV! These Terms of Use ("Terms") govern your access to and use of our data products, services, and any related content (collectively referred to as "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
At DataLV, we are committed to providing you with high-quality data solutions while ensuring your compliance with applicable laws and protecting our intellectual property. Please read these Terms carefully, as they contain important information regarding your rights and obligations.
We may update these Terms from time to time. Your continued use of the Services following any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically to stay informed about any updates.
By accessing and using the services provided by DataLV the "Services", you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any additional policies or guidelines that may be provided. Features are subject to change at any time.
2. Service subscription
The subscription granted to the Customer in this Agreement begins on the effective date specified in the Order and lasts for one month (the "Initial Term"). After this period, the subscription will automatically renew for additional monthly terms (each referred to as a "Renewal Term"), unless either party notifies the other of its intention not to renew. This billing will continue until the Customer decides to cancel their subscription.
3. License grant
Subject to your compliance with these Terms and Conditions, DataLV grants you ("Licensee") a limited, non-exclusive, non-transferable, revocable license to access and use our data products for your internal business purposes only.
Provider maintains all rights not explicitly granted to the Subscriber in this Agreement. However, the rights and licenses provided to the Subscriber concerning Third Party Data may be more restricted than those outlined above
The License permits you to:
· Access and use the Products for analysis, reporting, and decision-making within your organization.
· Create temporary copies of the Products as necessary for your authorized use, provided that all copies include all copyright and proprietary notices from the original.
4. User Responsibilities
Customers are granted a limited, non-exclusive, non-transferable license to access and use our data products ("Products") for their internal business purposes only. Use of the Products is permitted under the following conditions:
· Internal Applications: Customers may utilize the Products to enhance their own business operations, perform analyses, and develop insights.
· Non-Commercial Use: Redistribution or resale of the Products in any form is strictly prohibited without prior written consent from DataLV.
Customers agree to use the Products in compliance with all applicable laws, regulations, and industry standards, including but not limited to data protection, privacy, and intellectual property laws. Customers are responsible for obtaining any necessary permissions or licenses for the data they use.
5. Prohibited Activities
By accessing and using DataLV Products, you agree to comply with the following restrictions:
You shall not use the Products for any of the following activities:
· Commercial Resale or Redistribution: Selling, leasing, or redistributing the Products or any portion thereof without prior written consent from DataLV.
· Automated Data Extraction: Employing web scraping, data mining, bots, or similar automated methods to collect or extract data from the Products without our explicit permission.
· Modification or Derivative Works: Altering, modifying, or creating derivative works based on the Products without the express written consent of DataLV.
7a. Illegal Use
You shall not use the Products for any illegal purposes, including but not limited to:
· Activities that violate laws, regulations, or third-party rights, including but not limited to intellectual property rights and privacy rights.
· Using the Products to promote, engage in, or facilitate illegal activities.
· Resell, redistribute, or commercially exploit the Products without prior written consent from DataLV.
· Modify, adapt, or create derivative works based on the Products without express written permission from DataLV.
7b. Security Violations
You shall not:
· Attempt to gain unauthorized access to any part of the Products, related systems, or networks.
· Introduce malicious code, such as viruses or malware, to the Products or our systems.
6. Intellectual Property Rights
You acknowledge that DataLV retains all rights, title, and interest in and to the Products, including all associated intellectual property rights. This License does not convey any ownership rights to you. All intellectual property rights in and to the data products, including but not limited to software, databases, algorithms, reports, documentation, and any related content (collectively referred to as "Products"), are owned by DataLV or its licensors. This includes all copyright, trademark, patent, and trade secret rights. You agree to respect and protect the intellectual property rights of DataLV. You will not attempt to reverse engineer, decompile, or disassemble any part of the Products, nor will you use them in any manner that infringes on the rights of DataLV or third parties.
DataLV reserves the right to take legal action to enforce its intellectual property rights and to protect its interests. You agree to cooperate fully in any such efforts.
7. Limitation of Liability:
7a. Disclaimer of Warranties
The data products and services provided by DataLV are offered on an "as is" and "as available" basis. DataLV makes no representations or warranties, express or implied, regarding the accuracy, reliability, or completeness of the data products or services.
7b. Maximum Liability
To the fullest extent permitted by applicable law, DataLV shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the data products or services. This includes, but is not limited to, loss of profits, data loss, business interruption, or any other commercial damages or losses, even if DataLV has been advised of the possibility of such damages.
7c. Aggregate Liability Cap
In no event shall DataLV total liability to you for all claims arising out of or related to the use of the data products or services exceed the amount paid by you for access to the products or services in the twelve (12) months preceding the claim.
7d. Exclusions
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such cases, DataLV’s liability will be limited to the maximum extent permitted by applicable law.
7e. Indemnification
You agree to indemnify and hold harmless DataLV, its affiliates, and their respective officers, directors, and employees from any claims, losses, liabilities, damages, or expenses, including reasonable attorneys' fees, arising out of your use of the data products or services or your violation of these Terms.
8. Account suspension or termination
DataLV take the security and integrity of our services seriously. DataLV reserve the right to suspend or terminate the Account at any time if it believes, in its sole discretion, that Customer has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use.
We may suspend your access to our services if:
· You violate any of the Terms of Use or other policies associated with our services.
· We believe you are using our services in a manner that is harmful to us, other users, or third parties.
· There are concerns regarding unauthorized use of your account or if your account is compromised.
In most cases, we will notify you via the email associated with your account prior to suspension. However, if we believe that immediate action is necessary to protect the integrity of our services or the safety of our users, we may suspend your access without prior notice.
9. Changes to Terms
At DataLV, we are committed to keeping you informed about our policies. We may update these Terms of Use from time to time to reflect changes in our services, legal requirements, or for other business reasons. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms shall remain in full force and effect.
10. Software information collection
DataLV, gathering data on system usage allows us to improve the management of the software. All collected information aligns with our Privacy Policy. All information collected is used in accordance with our Privacy Policy to help us: Optimize software performance, Identify and resolve issues and Enhance user experience.
We may collect feedback and suggestions provided by users to enhance our products and service.
By using our software, you consent to the collection of this information as outlined in this section and our Privacy Policy.
11. Contact Information
For any questions or concerns regarding these Terms of Use, please contact us at support@datalv.io