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Datarist Accounts Terms of Service

December 5, 2023

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Summary

This top section summarizes the terms below. This summary is provided to help your understanding of the terms, but be sure to read the entire document, because when you agree to it, you are indicating you accept all of the terms, not just this summary.
- Datarist accounts (the "Services") include your account and the suite of services provided to you by Datarist using that account.
- The Services are provided "as is" and there are no warranties of any kind. There are significant limits on Datarist's liability for any damages arising from your use of the Services.

Introduction

These Terms of Service ("Terms") govern your use of Datarist accounts, a suite of online services provided by Datarist (the "Services").

Datarist Accounts

In order to use some of the Services, you'll need to create a Datarist account. During registration, you will be asked to set a password. You are responsible for keeping your password confidential and for the activity that happens through your Datarist account. Datarist is not responsible for any losses arising out of unauthorized use of your Datarist account.

Services

It is your responsibility to protect your online accounts using strong and different passwords, security questions, two-factor authentication, password managers, and other safety measures.

Privacy Policy

We use the information we receive through the Services as described in our Datarist Privacy Policy.

Communications

We send periodic messages to help you get the most from your Datarist account. You may receive these in-product or to the address you signed-up with; they cover onboarding, different Datarist account services, and related offers and surveys. You may also choose to receive other types of email messages.

You can change your email subscriptions with Datarist from our emails (click the link at the bottom).

We may also send you important account information such as updates to legal or privacy terms, or security messages like password resets, email verification, and linked devices.

Your Content in Our Services

You may upload content to Datarist as part of the features of the Services. By uploading content, you hereby grant us a nonexclusive, royalty-free, worldwide license to use your content to provide the Services. You hereby represent and warrant that your content will not infringe the rights of any third party and will comply with any content guidelines presented by Datarist. See here to report claims of copyright or trademark infringement.

Datarist's Proprietary Rights

Datarist does not grant you any intellectual property rights in the Services that are not specifically stated in these Terms. For example, these Terms do not provide the right to use any of Datarist's copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

Term; Termination

These Terms will continue to apply until ended by either you or Datarist. You can choose to end them at any time for any reason by deleting your Datarist account, discontinuing your use of the Services, and if applicable, unsubscribing from our emails.

We may suspend or terminate your access to the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us, or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your Datarist account or the next time you attempt to access the Services.

In all such cases, these Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Indemnification, Disclaimer; Limitation of Liability, Miscellaneous.

Indemnification

You agree to defend, indemnify and hold harmless Datarist, its contractors, contributors, licensors, and partners, and their respective directors, officers, employees and agents ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of the Services (including, but not limited to, from any content uploaded by you).

Disclaimer; Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, DATARIST AND THE INDEMNIFIED PARTIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR CONTENT IS DELETED OR CORRUPTED OR THAT SOMEONE ELSE ACCESSES YOUR ONLINE ACCOUNTS. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

EXCEPT AS REQUIRED BY LAW, DATARIST AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF DATARIST AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

Modifications to these Terms

Datarist may update these Terms from time to time to address a new Service, feature of the Services, or to clarify a provision. The updated Terms will be posted online. If the changes are substantive, we will announce the update through Datarist's usual channels for such announcements such as blog posts and forums. Your continued use of the Services after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page.

Miscellaneous

These Terms are governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.