Terms & Conditions

Effective Date: October 31, 2023

Please note that section 14 of these terms of use contains an arbitration clause and a class action waiver provision. It affects how any disputes between you and datavicloud would be resolved.

1.GENERAL

• The Website Terms and Conditions (“Terms”) contained herein on this webpage, describe the Terms under which Datavi Cloud Inc. (“DataviCloud”, “We”, “Us”, “Our”) provides access to an individual or entity (“You”, “Your”, “We”, “Yourself”) who access and uses this website whether as a guest or a registered user, including all pages within this website (Collectively referred to as “Website”).
• These Terms govern Your use of this Website and by using this Website, You accept these Terms in full.   If You disagree with these Terms or any part of these Terms, do not use this Website. This Website is not to be used by minors (Defined as those who have not attained the age of eighteen (18) years, or lesser as defined under applicable law).
• You and Us will be individually referred to as “Party” and collectively as “Parties”.

2.PRIVACY:

• Any personal data shared by You with Us in connection with Your use of this Website is governed by Our privacy policy available at [https://dvc-db3f2a.webflow.io/privacy-policy]. We may collect the personal data either directly from You or through Your use of the Website.

3.INTELLECTUAL PROPERTY RIGHTS

• Unless otherwise stated, Intellectual Property Rights in or related to the Website and the contents on the Website shall belong to DataviCloud and/or its licensors. “Intellectual Property Rights” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection. All rights not expressly provided to You herein are reserved.
• You may view, download for caching purposes only, and print pages from the Website for Your own personal use, subject to the restrictions set out below and elsewhere in these Terms.  
• You shall not (i) republish material from this Website (including republication on another Website); (ii) sell, rent, or sub-license material from the Website; (iii) show any material from the Website in public; (iv) reproduce, duplicate, copy, or otherwise exploit material on this Website for a commercial purpose; (v) edit or otherwise modify any material on the Website; or (vi) redistribute material from this Website except for content specifically and expressly made available for redistribution.

4.ACCEPTABLE USE

You shall not:

1. use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2. use this Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
3. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Website without Our express written consent.
4. use this Website to transmit or send unsolicited commercial communications.
5. use this Website for any purposes related to marketing without Our express written consent.
6. cut, copy, recreate, reverse engineer, or create derivative works from, transfer, or sell Content.
7. disrupt or interfere with the security of, or otherwise cause harm to, the Website or any affiliated or linked applications;
8. violate any applicable laws or regulations for the time being in force;
9. license, sublicense, sell, rent, assign, distribute, timeshare transfer, lease, loan, resell, distribute or otherwise commercially exploit, grant rights in, or make the Website available to any third party;
10. use the Website to transmit infringing, libelous, obscene, threatening, malicious code, or otherwise unlawful, unsafe, abusive, or tortious material, or to store or transmit material in violation of third-party privacy rights.

Certain areas of the Website are restricted from access by You. We may at Our sole discretion restrict further access to the Website at any time. Any user id and password You may have for this Website are confidential and You must maintain confidentiality of such information.

5.YOUR CONTENT

• In these Terms, “User Content” shall mean material (including without limitation text, images, audio material, video material, and audio-visual material) that You submit to this Website, for any reason.
• You grant Us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute the User Content in any existing or future media.  You also grant to Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
• User content must not be illegal or unlawful and must not infringe any third party's Intellectual Property Rights, and shall not give rise to legal action whether against You or Us. You represent and warrant that You have all the necessary authorization and approval to share such User Content with Us.
• You shall not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to this Website by You.
• Notwithstanding anything contained above, We shall not be responsible or liable for monitoring the User Content submitted by You on the Website.

6.THIRD-PARTY LINKS

• The Website may contain links to third-party websites or services. These linked websites are solely provided for Your convenience and We do not in any manner endorse such third-party websites. You agree and acknowledge that Your use of such third-party websites is at Your sole discretion. We do not undertake any responsibility for the availability or actions of such third-party websites, which are subject to the third party’s terms and conditions and privacy policy.

7.COMPLIANCE WITH THE LAW

• You shall use this Website strictly in accordance with these Terms and the applicable laws. You agree not to use this Website in any manner that negatively impacts Our goodwill or reputation. You shall not undertake any actions or omissions that might cause Us to be in breach of any applicable laws. In addition to this, You are solely responsible for compliance with the laws of Your local jurisdiction and any other laws applicable to You in Your use of the Website.

8.DISCLAIMER

• This Website is provided on an “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to this Website or the information and materials provided on this Website.  
• Without prejudice to the generality of the foregoing paragraph, We do not warrant that: this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate, or non-misleading.

9.LIMITATION OF LIABILITY

• To the fullest extent permitted by applicable law, in no event will we be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if a party has been advised as to the possibility of such damages or could have foreseen such damages. Notwithstanding anything to the contrary, the maximum aggregate liability of datavicloud together with its affiliates under any circumstance in connection to these terms is limited to usd 100.

10.INDEMNIFICATION

• You shall indemnify, defend and hold Us harmless from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs, and expenses, including attorneys’ fees and expenses) or any other loss that may occur, arising from or relating to Your User Content, Your use of the Website and any other violation of these Terms by You.

11.MODIFICATION

• We shall at Our sole discretion amend these Terms from time to time, in which case the new Terms will supersede prior versions.

12.ASSIGNMENT

• You shall not assign any of the rights, interests, and obligations under these Terms without the written consent of Us. We may assign this Agreement including any rights, interests, and obligations under these to any third party without obtaining Your prior written consent.

13.GOVERNING LAW AND JURISDICTION

• These Terms shall be governed by the laws of the State of Delaware. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts in Delaware

14.DISPUTES

• You agree that any dispute or claim arising out of Your use of the Website or any products or services sold on the Website, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.
• There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use.
• Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. 
• You and DataviCloud each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and DataviCloud each waive any right to a jury trial. You and DataviCloud also each agree that notwithstanding this agreement to only arbitrate disputes as stated above, You or DataviCloud may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
• If this arbitration provision is found to be null and void, then all disputes arising under the Terms of Use between DataviCloud and You will be subject to the jurisdiction of the state and federal courts located in Delaware, and You and DataviCloud hereby submit to the personal jurisdiction and venue of these courts.