Terms and conditions

Please read carefully

By using the Dataddo.com website, any associated mobile applications, and/or related services (collectively, “Service”) owned by Dataddo (“Dataddo”), you hereby agree to be bound by these Terms of Service (“Terms”) in full and without modification. The Terms are a legally binding contract between you (“you” or “User”) and Dataddo regarding your use of the Service.

Dataddo may revise or replace the Terms at any time. Upon any revision, existing users will be notified via email or in the Services. Each time you access or use the Service, you agree to be bound by the most recent version of the Terms. The date on which These Terms was last updated will be noted near the top of the document. If you do not agree to be bound by all of these Terms, you may not access or use the Service. By using or accessing any of the Services in any way, you agree to be bound by these Terms in full.

Legal relationship between you and Dataddo

Your use of Dataddo’s Services (excluding any services provided to you or your employees by Dataddo under a separate written agreement) is subject to complete compliance with these Terms.

At all times, you and Dattado will be considered independent contractors of each other.

The Services are accessed through Dataddo’s proprietary software application(s) (referred to as the “Software” below) and hosted on Dataddo’s servers.

Terms and conditions set out in this document referred to below as the “General Terms”. Additional terms may apply if agreed to in writing by and between the parties (the “Additional Terms”).

Your agreement with Dataddo will also include all subscription rates and payment terms applicable to the Services chosen by you, which such terms will be available on Dataddo.com (the “Payment Terms”). The Payment Terms, including any related additional terms applicable to your subscription, are published on Dataddo website or are otherwise made available to you either within, or through your use of, the Service you subscribe to. The Payment Terms are subject to change at any time upon notice to you. You agree to be bound by the most recent version of the Payment Terms.

The General Terms, together with Privacy and Data usage policy (available at https://www.dataddo.com/privacy/ ) and Cookies policy (available at https://www.dataddo.com/privacy/ ), are a legally binding agreement between you and Dataddo in relation to your use of the Service. Collectively, this legal agreement is referred to below as the "Terms".

Payment for the Services provided by Dataddo

The prices applicable to your use of the Services will be contained in the Payment Terms.

You may pay for the Services either by using your PayPal account, by entering your credit card information, or alternatively, you can contact us to agree on other methods of payment (such as invoicing). If you subscribe to the Service, you agree that you will be charged periodically by Dataddo based on the Payment Terms. In addition, you fully acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the Service. Dataddo will always inform you about the price modification prior to making the upgrade or changing your subscription. You agree to pay the then-current subscription price during each billing period and hereby authorize us, through our third party payment processor (to the extent applicable), to charge your credit card, PayPal account, or other payment method on file.

Dataddo is not responsible for the payment processing provided by any third party.

Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the Services.

No refunds, setoffs, or credits will be made available under any circumstance.

Provision of Services

Dataddo may have subsidiaries and affiliated legal entities in other countries (referred herein as the “Subsidiaries and Affiliates”). At times, these companies may provide the Services to you on behalf of Dataddo itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. Where Services are provided by Dataddo’s Subsidiaries or Affiliates, Dataddo will remain ultimately responsible for the provision of Services.

You fully acknowledge and agree that the form and nature of the Services which Dataddo provides may change without prior notice to you.

You acknowledge and agree that Dataddo may modify the Services, or permanently or temporarily stop providing the Services (or any part of the Services) to you or to users generally, at Dataddo’s sole discretion, without prior notice to you or any liability on the part of Dataddo.

You understand and agree that if Dataddo disables access to your account for any reason, you may be prevented from accessing the Services, your account details or any data or other content which is contained in your account.

Your use of the Services

You must be at least eighteen (18) years of age to use the Service. By agreeing to the Terms, you represent and warrant to Dataddo that: (i) you are at least 18 years of age, (ii) you have not previously been suspended or removed from the Service, (iii) your registration and your use of the Service are in compliance with any and all applicable laws and regulations, and (iv) you have the authority to bind any other person or entity you represent in using these Services.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software underlying the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Dataddo in writing. You may not access and/or use the Service and the underlying Software in order to build a similar or competitive product.

You may not (and you may not permit anyone else to) utilize the Services to:

Impersonate any person or entity.
Stalk, harass, defame, abuse, threaten or otherwise violate the legal rights of others.
Share information that is false or misleading.
Engage in any activity that may be considered illegal, unlawful or injurious.

In order to access certain Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Dataddo will always be accurate, correct and up to date. You will update such information as required.

You agree to use the Services only for purposes that are permitted by (1) the Terms; (2) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (3) any other applicable rules (including Google, Facebook and Twitter rules).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Dataddo, unless you have been specifically allowed to do so in a separate agreement with Dataddo.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with Dataddo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you will not engage in any activity that may amount to the misuse of our Services or that seeks to circumvent the Services’ terms.

You agree that you are solely responsible for (and that Dataddo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Dataddo may suffer) of any such breach.

Your passwords and account security

If you register for the Services, you may be required to create a username and password. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

You agree that you will be solely responsible for all activities that occur under your account.

If you become aware of any unauthorizeduse of your password or of your account, you agree to notify Dataddo immediately using contact details presented on www.dataddo.com.

Content in the Services

As used in these Terms, “Content” means any material or information (including without limitation text, images, audio material, video material and audio-visual material) which you may have access to as part of, or through your use of, the Services.

Dataddo reserves the right to edit or remove any Content created as a result of using Services, or stored on Dataddo’s servers.

Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services (if any), may be protected by intellectual property rights owned by the sponsors or advertisers who provide such Content to Dataddo (or by other persons or companies on their behalf), and that the Content may include sensitive personal data. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content (either in whole or in part), unless you have been specifically told that you may do so by Dataddo or by the owners of that Content, in a separate agreement.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that Dataddo has no responsibility to you or to any third party for) any content that you create (“User Content”), transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Dataddo or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Dataddo harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Dataddo as a result of or in connection with your breach of any third party’s intellectual property or similar rights.

You represent and warrant that you own, or have the right to distribute, the User Content. You hereby grant to Dataddo a non-exclusive, worldwide, perpetual, royalty free, license to use, distribute, display, and sublicense your User Content for purposes of providing the Services.

Proprietary rights

You acknowledge and agree that Dataddo owns all legal rights, title and interest in and to the Services, including any intellectual property rights which exist in the Services, including (but not limited to) trademark, service mark, copyright, and patent rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Dataddo and that you shall not disclose such information without Dataddo’s prior written consent.

Unless you have agreed otherwise in writing with Dataddo, nothing in the Terms gives you a right to use any of Dataddo’s trade names, trademarks, service marks, logos, domain names and any other distinctive brand features. If any Service’s deliverables such as dashboards, datasets or reports generated by you through the use of the Service include Dataddo’s trade name, trademark, service mark, logo, domain name or other distinctive Dataddo’s brand features, their use in connection with that deliverable is permitted solely for that purpose.

You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by Dataddo, you agree that in connection with the Services, you will not use any trade mark, service mark, trade name, logo of any third party company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

License from Dataddo

Dataddo gives you a worldwide, royalty-free, non-assignable and non-exclusive right and license to access and use the Services on a subscription basis, for the term and in the scope designated by the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Dataddo, in the manner permitted by the Terms.

Unless Dataddo has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted hereunder.

You fully acknowledge that this is a service agreement and Dataddo will not be delivering copies of the Software to you as part of the Services. The Software will be accessed remotely.

Your license from Dataddo will terminate immediately, and without further action, upon any termination of your relationship as described in Section 9.

Copyright Infringement

Dataddo takes copyright infringement seriously. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without authorization and is available within the Services in a way that may constitute copyright infringement, you may provide notice of your claim to Dataddo’s designated agent listed below. For the notice to be effective, it must include the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
a description of the copyrighted work that is claim to have been infringed;
a description of where the allegedly infringing material is located within the Platform;
information reasonably sufficient to permit Dataddo to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
a statement that the person has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Dataddo’s designated agent can be reached at: Copyright Agent, 126 San Antonio Circle #11B, Mountain View, CA 94040

Ending your relationship with Dataddo

If you subscribe to using the Services continuously on a monthly "pay as you go" basis online, as described in the Payment Terms:

You may stop using the Services and so terminate your legal agreement with Dataddo at any time using the user interface for the Services.
Dataddo may at any time, by sending a notice, terminate its legal agreement with you embodied in the Terms if (1) you have breached any provision of the Terms (or have threatened to breach the Terms), (2) Dataddo is required to do so by law, (3) the partner with whom Dataddo offered the Services to you or whom Dataddo uses or whose cooperation Dataddo needs in order to offer the Services to you, has terminated its relationship with Dataddo or stop to offer the Services to you, (4) Dataddo decided to no longer providing the Services to users in the country in which you reside or from which you use the Services or (5) the provision of the Services to you by Dataddo is, in Dataddo’s opinion, no longer commercially viable.

Your legal agreement with Dataddo embodied in the Terms shall automatically renew for another term corresponding to your original (preceding) subscription term, unless you or Dataddo provide notice to the other of your or our intent to terminate the agreement within the last thirty (30) days before the end of the then current term. You will be notified of the upcoming renewal and may notify Dataddo of your intention not to renew by unsubscribing from the automatic renewal within the user interface for the Services.

If you are using Dataddo on the basis of FREE plan (i.e. you did not subscribed to any paid plan):

Dataddo may disable your account and so terminate your legal agreement with Dataddo without any notice or explanation.
When your legal agreement with Dataddo comes to an end, all of the legal rights, obligations and liabilities that you and Dataddo have benefited from, been subject to (or which have accrued over time whilst your legal agreement with Dataddo has been in force) and which are expressed to continue indefinitely, shall be unaffected by this cessation.

NO WARRANTIES

THE CONTENT AND ALL SERVICES ASSOCIATED WITH DATADDO ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DATADDO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH ITS SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.

DATADDO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIRD-PARTY SERVICE PROVIDERS THAT DATADDO MAY USE IN THE OPERATION, PROCESSING AND ADMINISTRATION OF THE SERVICES.

DATADDO DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY , CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES, OR THE SAFETY , RELIABILITY , TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. DATADDO MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM DATADDO’S SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. DATADDO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION OR OFFERS PROVIDED ON OR THROUGH ITS SERVICES.

DATADDO DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. DATADDO DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. DATADDO DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

DATADDO MAKES NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIA TE OR A V AILABLE FOR USE IN ANY JURISDICTIONS. WHEN YOU ACCESS OR USE OUR SERVICES FROM A JURISDICTION, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DATADDO AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR YOUR USE OF THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B)FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND DATADDO’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO DATADDO FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT DATADDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Dataddo from and against any and all claims, expenses, losses, or liabilities arising from, or related to, your breach of these Terms or your use of the Services.

Additional terms

Dataddo’s principal place of business is in 126 San Antonio Circle #11B, Mountain View, CA 94040

The Terms, together with any duly executed Additional Terms, constitute the whole legal agreement between you and Dataddo and govern your use of the Services (excluding any services which Dataddo may provide to you under a separate written agreement), and completely replace any prior agreements between you and Dataddo in relation to the Services.

You agree that Dataddo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services website.

The parties agree that if one of them does not exercise or enforce any legal right or remedy which is contained in the Terms (or which such party has the benefit of under any applicable law), this will not be taken to be a formal waiver of such party’s rights and that those rights or remedies will still be available to it.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with Dataddo under the Terms, shall be governed by the laws of the State of Delaware and the United States. Any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts located in the State of Delaware.