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ContactThese Terms of Use (“Terms”) are a binding agreement between Data Company One Inc (“Company,” “we,” “us,” or “our”) and you (“you” or “end user”). These Terms governs your access to and use of our mobile application (“App”), including any documentation, content, functionality, and services offered on or through our App. The App is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING, AND/OR USING THE APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND CAN ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND IMMEDIATELY DELETE IT FROM YOUR MOBILE DEVICE.
Subject to the Terms, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal use on a single mobile device unless otherwise agreed to in writing by youand/or your employer and the Company (for example, by purchasing or using/accessingthe App through a corporate account). If you access the App as an employee under a corporate account, then your access and use of the App are also governed by theparticular agreement(s) between us and your employer.
Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not:
All content on the App, including text, photographs, video, audio, graphics, metadata, quotes, data, information, the overall “look and feel,” and all protectable intellectual property, is our property, or, in some cases, the property of our licensors. The App and all content thereon are protected by copyrights, trademarks, trade secrets, and other intellectual or proprietary rights under U.S. and international laws. You agree that all intellectual property rights in the App and content thereon (in whole and in part) are and shall remain the property of Data Company One Inc and/or our licensors.
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the Appl under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company, and its licensors, where applicable, reserve and shall retain their entire right, title, and interest in and to the App and all content thereon, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
From time to time, we may revise these Terms without giving prior notice. If we do make such revisions, we will post an updated version at www.datacompanyone.com and update the “Updated _____” reference above). By continuing to use the App after the updated version has been posted, you agree that you accept any changes to these Terms. If you do not accept these changes, you must stop using and delete the App and all copies thereof.
You agree and acknowledge that when you download, install, or use the App, we may collect data about you and your mobile device, including by automatic means such as cookies and web beacons as described in our Privacy Notice at: www.datacompanyone.com, which is incorporated herein by reference. By downloading, installing, using, and providing information to or through the App, you consent to all actions taken by us with respect to your data in compliance with the Privacy Notice.
To use the App, you will be required to create a user account (including creating a login name and password). If you do not complete the registration process, you will not be able to access certain parts of the App available to registered users. You agree and promise that the information provided by you to us, including during the registration process, is complete and accurate to the best of your knowledge. You will promptly inform us of any changes to your information.
You agree to not share your login details or give your login details to anyone else. Your registration is for your single use only unless otherwise specified in writing in an agreement between you or your employer and Company. You are responsible for the use or misuse of any login details you create as part of the registration process and for maintaining its confidentiality. You must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your login details or account by notifying us. If you fail to comply with this Section, we may immediately suspend or terminate your access and/or account for the App.
You agree that you are downloading, installing, accessing, using, and/or registering an account for the App in your personal, individual capacity (except, if applicable, where your access falls under a corporate agreement with your employer and Company, in which case your access and use of the App is also subject to any particular agreement(s) between us and your employer). You agree not to download, install, access, use, transfer, distribute, and/or dispose of the App or content on the App in any manner that could compete with our business. You may not use the App or any content made available through the App in any commercial product or service, without our prior written consent. You are responsible for compliance with local laws based on where you access the App.
The App is provided for informational purposes only. You understand that the App and all content on the App on the Service does not constitute any form of tax, legal, investment, environmental or other business-related advice or opinion. We and our licensors are not liable for any errors, inaccuracies, or delays in the App or any content on the App, or for any actions taken by you in reliance on the App or such content. You agree that your use of the App is at your sole riskand the information provided.
The App may have certain features that allow you or other users to comment on, discuss, upload, submit, link to, or otherwise provide content (e.g., information, graphics, videos, images) (collectively, “User Material”). You agree that you will not upload or otherwise provide any User Material in the App that:
By posting User Material, you agree that you are legally permitted to upload, submit, or post that User Material. You also agree that you are legally and financially responsible for any claims against us by any third party relating to your User Material or your posting of it. You agree that by uploading, submitting, or posting User Material, we have a right unlimited in time to publish, re-use, archive, edit, display, modify, delete, or commercially exploit that User Material in whole or in part as we see fit, whether on the App or otherwise, without any requirement to pay you or to credit you. In other words, by posting User Material you are granting us a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use your User Material in any manner and for any purpose whatsoever. You also irrevocably waive any “moral rights” or other attribution or authorship rights you may have in the User Material. We do not have an obligation to store User Material for any period of time, and we may remove or delete any User Material for any reason, at any time and without giving you notice.
Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Upon termination:
THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of the Terms, including but not limited to the content you submit or make available through this App.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
The Terms are governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms, as well as the Privacy Notice incorporated herein by reference, constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
