DataHero Terms of Service

Effective Date: September 2014

Welcome to DataHero!

Your use of and access to the DataHero website and all of its affiliated websites, products and services (collectively, the “DataHero Service”) is subject to your compliance with these terms of use (the “Terms”), so please read these Terms carefully. DataHero, Inc. (“Datahero”, “DataHero”, “we”, “us” or “our”) reserves the right to limit or terminate your access to the DataHero Service if you do not comply with these Terms.

By accessing and using the site in any way, you agree to be bound by these terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THE DATAHERO SERVICE IN ANY MANNER. If you are using the DataHero Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. You must be over the age of 13 to use the DataHero Service.

 

Changes in Terms of Use

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the DataHero Service. Use of the DataHero Service constitutes your acceptance of any modified Terms.

 

Ownership and Privacy

All User Content you transmit, upload, publish or display (hereinafter “distribute”) on or through the DataHero Service is, and will always remain, your content. DataHero does not take any ownership rights in the User Content. All we require from you is a license to allow us (and our third party providers) to host, transmit and display your User Content, solely so we can provide the DataHero Service to you. We may modify your User Content to create previews or thumbnails or to otherwise provide the DataHero Service, but we do not claim any ownership in your User Content because of such modifications.

We do not have any visibility into the information stored in your User Content. We do not monitor User Content, and it is your responsibility to ensure that you have the appropriate permissions to upload your User Content to the DataHero Service. That said, DataHero may block or remove any such User Content or prohibit any use of the DataHero Service that it believes may be (or is alleged to be) in violation of these Terms.

We will not share User Content with a third party unless directed by you (for example, if you elect to share your User Content with other users) or if you are part of a Team Account (defined below). We may share User Content if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant. Whenever possible, we will notify you before making your User Content available to enable you to respond to the request yourself.

 

User Conduct and Responsibilities

Your use of the DataHero Service is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the DataHero Service to upload any User Content that:

  • is illegal under or otherwise violates any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense ;
  • violates the rights of any party (including without limitation rights of privacy and publicity);
  • is obscene, lewd, lascivious, violent, or otherwise objectionable;
  • displays material that exploits children, or otherwise exploits children under 18 years of age;
  • infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
  • introduces viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
  • in our sole judgment, which may expose DataHero or its users to any harm or liability of any type.

 

User Information

If you wish to use the DataHero Service, you must register and create a user account (“User Account”), and you must create truthful and accurate information. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password.

 

User Content

You own and are solely responsible for any content or materials (“User Content”) that you transmit, upload, publish or display (hereinafter “distribute”) on or through the DataHero Service. DataHero may block or remove any such User Content or prohibit any use of the DataHero Service that it believes may be (or is alleged to be) in violation of these Terms. You grant DataHero the right to use your User Content solely for the provision of the DataHero Service.

 

Team Account

Your organization may establish a multi-person team account (“Team Account”) that allows them to link your User Account to the organization’s Team Account. Once your User Account is linked to a Team Account, anyone with access to that Team Account may be able to see, modify, delete, access or copy your User Content. If your organization’s Team Account is terminated, your User Content will be deleted. You should work with your organization’s administrator if you have any questions about a User Account that is linked to a Team Account.

If you wish to have a separate, personal account that is not linked to your organization’s Team Account, we suggest that you use a separate email address for your personal User Account and your organizational email address for your User Account associated with the Team Account.

Fees and Payments

DataHero charges fees for the use of certain features or aspects of the Services, which are described with those features and services. These fees are subject to change at any time. You agree that we may charge your payment account and that you will pay the applicable fees assessed to your account for the Services you have purchased.

Some Services may start with a free trial. If you have (or someone in your company has) used those Services previously, you may not be eligible to receive a free trial. We will not charge your account during the free trial period. Once the trial period has ended (unless you cancel the Services prior to the end of the free trial period), we will charge your account the subscription fee at the beginning of your subscription and on a recurring basis thereafter until you cancel. You will not receive a notice from us that your trial period has ended. You must cancel your subscription before your billing period renews to avoid the billing of the next period’s fees to your account. You will not receive a refund for any partial billing period cancellation.

Suspension, Termination

DataHero reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the DataHero Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. If we suspend your usage of any paid service, we will stop billing you during such suspension. You will not receive any refunds if your access to the DataHero Service is suspended or terminated due to your breach of these Terms.

 

Links to Other Websites and Content

The DataHero Service contains (or you may access through the DataHero Service) links to other web sites belonging to third parties (“Third Party Services”). Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by DataHero, and DataHero is not responsible for any Third Party Services accessed through the DataHero Service or any Third Party Content linked or posted through the DataHero Service.a

DataHero uses a third party to process payment transactions. DataHero does not ask for, transmit or collect your personal or payment information. Any issues with payments related to the DataHero Service should be directed to our third-party payment provider.

 

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the DataHero Service (“Submissions”), provided by you to DataHero are non-confidential and shall become the sole property of DataHero. DataHero shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Privacy Policy

Your privacy is important to us! Use of the DataHero Service is governed by our Privacy Policy.

 

DataHero Service Content

The DataHero Service is the proprietary property of DataHero, its users or its licensors with all rights reserved. DataHero grants you a limited, revocable license to use the DataHero Service and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to DataHero’s intellectual property rights, whether by estoppel, implication or otherwise.

The DataHero Service is protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the DataHero Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the DataHero Service.

DataHero, Datahero and the DataHero logo are trademarks of DataHero, Inc. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

 

Modifications to DataHero Service

DataHero reserves the right to modify or terminate any or all portions of the DataHero Service with or without cause at any time and effective immediately. DataHero shall not be liable to you or any third party for termination. Should you object to any modifications to the DataHero Service or become dissatisfied with the DataHero Service in any way, your only recourse is to immediately discontinue use of the DataHero Service.

 

Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. DataHero may broadcast notices or messages through the DataHero Service to inform you of changes to these Terms, the DataHero Service, or other matters of importance. Such broadcasts shall constitute notice to you.

 

Disclaimers

The DataHero Service may be temporarily unavailable from time to time for maintenance or other reasons. DataHero assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • THE DATAHERO SERVICE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. DATAHERO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • DATAHERO MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) THE DATAHERO SERVICE OR ANY THIRD PARTY SERVICES, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATAHERO SERVICE, OR (ii) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR USER CONTENT. DATAHERO DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
  • USE OF THE DATAHERO SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR USER CONTENT.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL DATAHERO BE LIABLE TO YOU ON ACCOUNT OF (i) YOUR USE OR MISUSE OF OR RELIANCE ON THE DATAHERO SERVICE, OR (ii) YOUR INABILITY TO USE THE DATAHERO SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR DATAHERO SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DATAHERO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF DATAHERO OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

 

Indemnity

You agree to indemnify and hold DataHero, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the DataHero Service, the User Content you provide, or any violation of these Terms or of any law or the rights of any third party.

 

Miscellaneous

Waiver and Severability of Terms. The failure of DataHero to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by DataHero. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You and DataHero agree to submit to the exclusive jurisdiction of the state and federal courts of San Mateo County, California.