1. DESCRIPTION OF THE SERVICES
The Services provided by DATASIGHTS consist of financial and non-financial forecasting, reporting, monitoring, analysis, consolidation and benchmarking for Small to Medium business enterprises and accountants and bookkeepers (“Partners”), and include other Services offered by DATASIGHTS from time to time which you have selected and which are subject to these Terms.
2. ACCESS TO THE SERVICES
The Services, together with the www.datasights.co website and domain names and any other linked pages, features, content, or application services offered from time to time by DATASIGHTS (collectively, the “Website”), are owned and operated by DATASIGHTS. Subject to the terms and conditions of this Agreement, DATASIGHTS hereby grants you a non-exclusive license, with no right to sublicense, to copy and install certain DATASIGHTS code on a website you own, control or operate, for the sole purpose of using the Services in connection with such websites. DATASIGHTS may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or DATASIGHTS Content (as defined below). DATASIGHTS may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. DATASIGHTS reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.You represent and warrant to DATASIGHTS that: (i) you are of legal age to form a binding contract, and you are at least 16 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
3. DATASIGHTS CONTENT
The Websites, the Services, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Websites or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “DATASIGHTS Content,”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any DATASIGHTS Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any DATASIGHTS Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy the DATASIGHTS Content (and other items displayed on the Websites or Services for download) for personal non-commercial use only (unless provided for otherwise in supplemental terms), provided that you maintain all copyright and other notices contained in such DATASIGHTS Content. You shall not store any significant portion of any DATASIGHTS Content in any form. Copying or storing of any DATASIGHTS Content other than personal, noncommercial use is expressly prohibited without prior written permission from DATASIGHTS. If you link to the Websites, DATASIGHTS may revoke your right to so link at any time, at DATASIGHTS’s sole discretion. Any material downloaded or otherwise obtained when using the Service is obtained at your own risk. You will be solely responsible for any damage to your computer system or other device used to access the Service that happens as a result of the obtainment of any such Content. The Service may include hyperlinks to other web sites, or content. DATASIGHTS is not responsible for the content or availability of this third-party content. DATASIGHTS does not necessarily endorse any advertising, products or other materials featured, or available on other web sites.
4. YOUR CONTENT
In the course of using the Services, you may provide information which may be used by DATASIGHTS in connection with the Services. You understand that by providing content, materials or information (including without limitation information relating to any user that is associated to your account) to DATASIGHTS or in connection with the Services (collectively, “Your Content”), DATASIGHTS hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sub licenseable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with DATASIGHTS’s provision of the Services.
To facilitate industry benchmarking, indices and enhancements to Services, You grant DATASIGHTS a non-exclusive, worldwide, irrevocable, royalty-free license to use the Data derived from Your use of the Services in an aggregated, anonymous and non-identifiable manner.
5. LICENSE FROM DATASIGHTS
When abiding by the Terms, DATASIGHTS allows you to enjoy its Services. This opportunity shall be referred to as the “License.” The personal, worldwide, royalty-free, nonexclusive License is for the sole purpose of allowing you to use and benefit from the Services. You shall not assign your rights (wholly or in part) to use the Service to another. You shall not agree to or allow another entity to have a security interest in or over your rights to use the Service, or otherwise transfer or trade any part of your rights to use the Service as detailed in the Terms, unless you assign ownership via to another via the Service.
6. YOUR WARRANTY
You also warrant, represent and agree that you will not contribute any content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, (ii) violates any law, statute, ordinance or regulation, (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iv) impersonates any person or entity, including without limitation any employee or representative of DATASIGHTS, or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. DATASIGHTS reserves the right to remove any content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if DATASIGHTS is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You acknowledge that all DATASIGHTS Content and Your Content (together, “Content”) accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will DATASIGHTS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports generated by the Services, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You, not DATASIGHTS, remain solely responsible for all Content, including messages, that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You acknowledge and agree that your indemnity obligation in Section 10 also applies to any third party claims relating to your disclosure of any third party personally identifiable information or the tracking of visitors (including without limitation your end user customers) on your website.
8. WARRANTY DISCLAIMER
You acknowledge that DATASIGHTS has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DATASIGHTS from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or applications containing information that some people may find offensive or inappropriate. DATASIGHTS makes no representations concerning any content contained in or accessed through the Services, and DATASIGHTS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. DATASIGHTS makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATASIGHTS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. REGISTRATION AND SECURITY
As a condition to using some aspects of the Services, you may be required to register with DATASIGHTS and set a password. You shall provide DATASIGHTS with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password. As long as you keep your password safe, DATASIGHTS protects your data so it can only be viewed and accessed by you.
You will indemnify and hold DATASIGHTS, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement or applicable laws, rules or regulations in connection with your use of the Services, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL DATASIGHTS OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE Websites OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $150 OR THE FEES PAID BY YOU FOR THE SERVICES DURING THE 3-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND DATASIGHTS’ REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. FEES AND PAYMENT
DATASIGHTS reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Websites in connection with such Services selected by you. DATASIGHTS reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Websites. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable. DATASIGHTS will prorate plans in the event of upgrade/downgrade.
13. COMMUNICATION CONDITIONS
As a condition of these Terms, if You use any communication tools available through the Websites (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Websites, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When You make any communication on the Websites, You represent that You are permitted to make such communication. DATASIGHTS is under no obligation to ensure that the communications on the Websites are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Websites. However, DATASIGHTS does reserve the right to remove any communication at any time in its sole discretion.
14. THIRD PARTY WEBSITES
The Services may contain links to third party Websites or services (“Third Party Websites”) that are not owned or controlled by DATASIGHTS. When you access Third Party Websites, you do so at your own risk.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. There is no cancellation fee, but you are responsible for charges already incurred up until your cancellation, including the prepayment of the current month of service you have. DATASIGHTS is unable to issue refunds after payment is received.Terms will continue to apply until the user or DATASIGHTS terminates the relationship. DATASIGHTS may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. DATASIGHTS may also terminate or suspend any and all Services and access to the Websites immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Websites, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
16. OTHER TERMS
You agree that DATASIGHTS may send you notices via e-mail, regular mail, or alerts within the Services. If it is decided in a court of law that one or several of the Terms (or any part of a Term) are in violation of the law, those terms will be changed or deleted as appropriate, but the others will remain as unmodified Terms. You agree to use all reasonable endeavours to resolve any dispute in relation to the Services, including speaking to us and trying to resolve the matter, our contact details are on the DATASIGHTS website, before issuing any legal proceedings.