DataSet Online Terms
Last updated: 4/7/2021
The Services are available only for individuals aged 18 years or older and capable of forming a legal contract with DataSet and who not are barred from using the Services under applicable law.
Modification or termination
We also reserve the right, at our sole discretion, to terminate the Services. In the event that we decide to discontinue or terminate the Services, we will provide You with 90 days advance notice and during such 90 day period will provide You with reasonable assistance in mitigating any disruption this may cause.
Limitations of services
You acknowledge that DataSet may establish limits concerning use of the Services, including the maximum number of days that User Content (as defined below) will be retained by the Services, the maximum number and size of log files or other content that may be transmitted or stored by the Services, the frequency with which You may access the Services and the locations where the Service is available. You acknowledge that DataSet shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
Access to services
You acknowledge and agree that Your use of the Services is dependent upon access to telecommunications and Internet services through devices that access web-based content. You must provide all equipment necessary to make such connection to telecommunications and Internet services, including a computer and modem or other access device and You are responsible for all costs relating thereto.
In order to use the Services, You must register and create an account with DataSet (“Account”) on the Site. You must use a valid e-mail address for Your Account. You can only create one Account per person or legal entity.
It’s important that You provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
By registering, You grant DataSet a non-exclusive, transferable, worldwide, and royalty-free license to use and publicly display Your trademarks, service marks, tradenames and logos (collectively, “Marks”) on the Site and DataSet’s marketing materials to identify You as a DataSet’s customer, and as otherwise agreed by You. We acknowledge and agree that any and all goodwill that results from our use of the Marks as permitted hereunder will inure solely to Your benefit.
Subscription and Free Trial
DataSet requires payment of a fee for use of the Services (or certain parts thereof), and You are required to purchase a subscription (“Subscription”) for such use. When you purchase a Subscription (each purchase, a “Transaction”), You expressly authorize us (or our third-party payment processor) to charge You for such Transaction. We may ask You to supply additional information relevant to your Transaction, including but not limited to your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When You initiate a Transaction, You authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge Your payment method for the type of Transaction You have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify Your identity before completing Your Transaction (such information is included within the definition of Payment Information)
Unless otherwise agreed by You and DataSet in a separate written agreement, if Your use of the Services in any given calendar month exceeds Your chosen log volume and/or retention period (the “Service Capacity”), You will be charged at the end of such month for the excess usage over the Service Capacity, at the rate set forth on the Site or, if you and DataSet have entered into an Order Form, at the rate(s) set forth in the Order Form. You agree to pay the additional fees for excess usage for the applicable calendar month without any right of set-off or deduction.
Unless otherwise agreed in an Order Form entered into between You and DataSet, You can change the Service Capacity applicable to Your Subscription at any time during the Subscription period. If you upgrade the Service Capacity, You will be charged the applicable pro-rata Subscription Fee for the upgraded Service Capacity. If You reduce the Service Capacity, Your change will be effective as of Your next billing cycle.
YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, and unless otherwise agreed in an Order Form entered into between You and DataSet, You may cancel Your Subscription at any time, but please note that YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to [email protected]. You will be responsible for all Subscription Fees incurred for the then-current Subscription period.
DataSet may offer Subscriptions on a free trial basis (“Free Trial”) for a specified period of time. If we offer You a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously subscribed to the Services in connection with which the Free Trial is being offered. We reserve the right to modify or terminate Free Trials at any time, without notice and in our sole discretion. ANY USER CONTENT ENTERED INTO THE SERVICES DURING A FREE TRIAL MAY BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE, OR EXPORT SUCH USER CONTENT BEFORE THE END OF THE TRIAL PERIOD.
- Abuse or excessively frequent requests to DataSet via the API may result in the temporary or permanent suspension of Your Account’s access to the API. DataSet, in its sole discretion, will determine abuse or excessive usage of the API. DataSet will make a reasonable attempt to inform You prior to suspension of Your Account.
- DataSet reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to the API (or any part thereof) with or without notice.
DataSet proprietary rights
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. DataSet and its licensors exclusively own or control all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
User content rights
DataSet will use commercially reasonable efforts to maintain security of User Content while on its servers, including employing all applicable industry standard measures to maintain the security of such User Content. If the condition, existence or format of Your User Content jeopardizes the availability of the Services or the preservation of any information or data of DataSet or a third party, DataSet reserves the right to delete such User Content or prevent it from being uploaded to the Services.
User Content will be removed periodically within 30 days of the configured retention period or, if specified, in accordance with customer’s configured retention period.
Prior to termination of Your use of the Services, You may request to export Your User Content. After termination, all User Content is subject to deletion within the configured retention period or 30 days if no retention period is specified.
DataSet may disclose information to You that is either marked as confidential information or is indicated, in actions or words, as confidential when the information is shared. This includes any proprietary and/or non-public technical, business, commercial, financial and/or legal information, such as, without limitation, any and all Services information generally shared with You, Information gained through Your use of the Services, business plans, product information, pricing, financial plans, know how, strategies, and other similar information (“Confidential Information”). Confidential Information will not include information that: (i) is in or enters the public domain without breach of these Terms; (ii) You can reasonably demonstrate was in Your possession prior to first receiving it from DataSet; (iii) You can demonstrate was developed independently by You, and without use of or reference to, the Confidential Information; or (iv) You received from a third party without restriction on disclosure and without breach of a nondisclosure obligation. In addition, You may disclose Confidential Information that is required by law, or by a subpoena or order issued by a court of competent jurisdiction (each, an “Order”), and where such Order is shown You shall: (a) give DataSet a written notice of the Order within 24 hours after receiving it; and (b) cooperate fully with DataSet to provide it the opportunity to interpose any objections it may have to disclosure of the information required by the Order and seek a protective order or other appropriate relief. In the event of any dispute between the Parties as to whether specific information is within one or more of the exceptions set forth You will bear the burden of proof, by clear and convincing evidence, that such information is within the claimed exception(s).
Upon receipt of such information, You will maintain in confidence, during the term of these Terms and for three (3) years following the effective date of termination of these Terms, the Confidential Information, and will not use such Confidential Information except as expressly permitted in these Terms (provided that Confidential Information defined as a trade secret under any applicable law shall be maintained in confidence so long as it retains its confidentiality status under such laws). You will use the same degree of care in protecting the Confidential Information as You use to protect Your own confidential and proprietary information from unauthorized use or disclosure, but in no event less than reasonable care. Confidential Information will be used solely for the purpose of carrying these Terms, and You may only disclose Confidential Information to Your directors, officers, employees and/or contractors who need to know such Confidential Information in order to perform their duties under these Terms, and if such directors, officers, employees and/or contractors have executed a non-disclosure agreement with the Receiving Party with terms no less restrictive than the non-disclosure obligations contained herein.
You acknowledge that any unauthorized disclosure of Confidential Information will result in irreparable injury to DataSet, which injury could not be adequately compensated by the payment of money damages. In addition to any other legal and equitable remedies that may be available, the DataSet will be entitled to seek and obtain injunctive relief against any breach or threatened breach by You of the confidentiality obligations hereunder, from any court of competent jurisdiction, without being required to show any actual damage or irreparable harm, prove the inadequacy of its legal remedies, or post any bond or other security.
You agree not to do any of the following in connection with using the Services:
- Reverse engineer, disassemble, decompile or otherwise attempt to derive source code from any software provided to You in connection with the Services, except as otherwise agreed to by You and DataSet in a separate written agreement ;
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, DataSet’s name, any DataSet trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without DataSet’s express written consent;
- Access, tamper with, or use non-public areas of the Site, DataSet’s computer systems, or the technical delivery systems of DataSet’s providers; Attempt to probe, scan, or test the vulnerability of any DataSet system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DataSet’s or any of DataSet’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through the API, software and/or search agents provided by DataSet or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a DataSet trademark, logo URL or product name without DataSet’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission, or for commercial or unlawful purposes;
- Impersonate or misrepresent Your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “Stalk” or otherwise harass anyone;
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content; or
- Encourage or enable any other individual to do any of the foregoing.
Links to third-party websites or resources
The Services may contain features and functionalities that may link You or provide You with access to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that Your use of the Services will be uninterrupted or error-free, nor that we will review any User Content for accuracy or that we will preserve or maintain the User Content data without loss. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
High Risk Activities
The Services are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Services could lead directly to death, personal injury, or severe physical or property damage (collectively, “High Risk Activities”). DATASET EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
Limitation of liability
Upon any termination of Your use of the Services, You may request that Your Direct Customer Information be deleted.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DATASET AND YOU.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected], or via DataSet’s community communication tools, such as wikis and bulletin boards. If you provide us any Feedback, You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit such Feedback for any purpose.
Upon termination, discontinuance or cancellation of the Services or your Account, the following sections will survive: “DataSet Proprietary Rights”, “Warranty Disclaimers”, “Indemnification”, “Limitation of Liability”, “Governing Law and Jurisdiction”, “Integration and Severability”, “Assignment”, “Notices”, and “Waiver of Rights”.
Governing law and jurisdiction
Integration and severability
Waiver of rights
Compliance and U.S. government end users
You agree to comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing: (a) You represent and warrant that you are not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; (b) You will not (and will not permit any third parties to) access or use any Services in violation of any U.S. export embargo, prohibition or restriction; and (c) You will not submit to any Services any information that is controlled under the U.S. International Traffic in Arms Regulations.
Headings for convenience only
Headings are for convenience only and have no legal or contractual effect.