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These Terms and Conditions shall govern the use of the DataPod Store’s products and services: DataPod Store’s Database, DataPod Store Online Services and DataPod Store Materials, as defined below.
The DataPod Store is a product of:DataConfidence S.A.
Contact : firstname.lastname@example.org
1.1. Authorised Users (defined below in Section 2.1) are granted a nonexclusive, non-transferable, limited right to access and use the Online Services and/or the Materials made available to them. Any commercial use by Authorised Users of the Database, the Online Services or the Materials is strictly prohibited. If Authorised Users publicly use information retrieved from the Database, the Online Services or the Materials, reference must always be made to DataPod Store as the source of this information.
1.2. Unregistered Visitors (defined below in Section 2.2) to DataPod Store websites and subpages are granted a nonexclusive, non-transferable, limited right to access and use the Online Services and/or the Materials made available to them. Any commercial use by Authorised Visitors of the Database, the Online Services or the Materials is strictly prohibited. If Authorised Visitors publicly use information retrieved from the Database, the Online Services or the Materials, reference must always be made to DataPod Store as the source of this information. The rights granted exclusively to Unregistered visitors are as follows:
The right to display a limited amount of Materials for non-commercial purposes, including the display of materials on blogs, social media platforms, and other strictly non-commercial websites, under the condition that published Materials are linked directly to DataPod Store‘s publicly accessible web pages using the provided HTML code in an unaltered, unmodified, and functional state. Unregistered Visitors may not use or link to www.datapod.store any site containing inappropriate, defamatory, infringing, obscene, or unlawful topics, or names, material, or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights;
1.3. All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Database, the Online Services and the Materials in any medium belong to Data Confidence S.A. or its third-party suppliers. Neither Authorised Users nor Unregistered Visitors acquire any proprietary interest or right in the Database, Online Services, Materials, or copies thereof, except the limited rights granted herein.
Authorised Users or Unregistered Visitors may not exploit the goodwill of Data Confidence S.A., including its trademarks, service marks, or logos without the express prior written consent of Data Confidence S.A. Additionally, under no circumstances may Authorised Users or Unregistered Visitors:
offer, sell, or retransmit any part of the Database, Online Services or Materials to any other person for commercial resale or commercial redistribution in any medium or; use the Database, Online Services or the Materials to compete with the business of Data Confidence S.A.
Authorised Users or Unregistered Visitors may not modify, reverse engineer, reverse assemble or reverse compile any part of the Database, Online Services or Materials.
Authorised Users or Unregistered Visitors may not remove, alter, edit or obscure the copyright notice or other notices contained in the Materials or on www.datapod.store.
Authorised Users or Unregistered Visitors shall not use the Database, the Online Services or the Materials in any manner that infringes the intellectual property rights or proprietary interests of Data Confidence S.A. or any third party. Their use of the Database, the Online Services and the Materials must comply with all applicable laws, rules or regulations. They may not use the Database, the Online Services or the Materials for any illegal purpose or in any manner inconsistent with the Terms and Conditions or any applicable laws.
2.1. The term "Authorised User" refers to any person who has been granted a registered account by Data Confidence S.A. (“Free, Lite or Plus Plan”) to access the Database, the Online Services and the Materials. Authorised Users are eligible to access and use the Database, the Online Services or the Materials for personal use only. Authorised Users agree that the login information provided by DataPod Store, including username and password, may only be used by the Authorised User to whom Data Confidence S.A. has granted it and that DataPod Store’s login information may not be shared with or used by any other person, including other Authorised Users or Unregistered Visitors.
2.2. The term “Unregistered Visitor” refers to any visitor who is accessing the Database, the Online Services and/or the Materials without a registered account. All the provisions prohibiting or restricting the use of the Database, the Online Services and/or the Materials by Authorised Users apply to Unregistered Visitors, unless stated otherwise herein.
2.3. Use of the Online Services or access to the Materials via mechanical, robotic, scripted or any other automated means is strictly prohibited. In the absence of any prior written agreement by Data Confidence S.A., use of the Online Services and/or the Materials is permitted only via manually conducted, discrete, individual search and retrieval activities.
2.4. Data Confidence S.A. may amend enhance, add to, withdraw, or otherwise change the Database, the Materials, and any feature or functionality within the Online Services without notice at any time and in any way. Such modifications shall be effective immediately. Please review the Terms and Conditions whenever accessing, linking to, or using the Online Services. Access to the Database, the Online Services or the Materials after the posting of modifications to the Terms and Conditions by Data Confidence S.A. constitutes acceptance of the Terms and Conditions as modified.
2.6. Authorised Users are required to notify DataPod Store of any relevant changes to their contact information.
3.1. When you upgrade your subscription Plan from the free plan to any paying plan, Data Confidence S.A. will immediately bill you. If you upgrade to a higher level of service, Data Confidence S.A. will bill you for the upgraded plan immediately.
3.2. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Plan information at www.datapod.store/pricing .
3.3. For customers downgrading from Plus Plan to Lite Plan we will keep at least 5 full DataPods in their MyDataPods Farm. Please contact us at email@example.com to select them.
3.4. You may change your level of service at any time by choosing a plan option. You will receive a confirmation by email each time you change your plan.
4.1. Data Confidence S.A. represents and warrants that it has the right and authority to make the Online Services and Materials available to Unregistered Visitors and Authorised Users under those Terms and Conditions.
4.2. Unregistered Visitors and Authorised Users agree that use of the Database, the Online Services and/or the Materials is at their sole risk and acknowledge that, except as otherwise provided in Section 4.1:
the Database, the Online Services and the Materials are provided “AS IS” and “AS AVAILABLE” and
that Data Confidence S.A. and each third party supplier of Materials make no warranty of any kind, express or implied, as to the Database, the Online Services or the Materials, including but not limited to, merchantability, title, or fitness for a particular purpose or use.
5.1. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
5.1.1. any errors in or omissions from the Database, the Online Services or any Materials,
5.1.2. the unavailability or interruption of the Database, the Online Services, any features thereof or any Materials,
5.1.3. an Authorised User or Unregistered Visitor ‘s use of the Database, Online Services or the Materials,
5.1.4. the loss or corruption of any data or equipment in connection with the Database, Online Services or Materials,
5.1.5. the content, accuracy, or completeness of the Database, the Online Services or the Materials, all regardless of whether you received assistance in the use of the Online Services from a Covered Party,
5.1.6. any delay or failure in performance beyond the reasonable control of a Covered Party, or
5.1.7. any content retrieved from the Internet even if retrieved or linked to from within the Online Services.
5.2. “Covered Party” means
5.2.1. Data Confidence S.A. and any officer, director, employee, subcontractor, agent, successor, or assignee of Data Confidence S.A.; and
5.2.2. each third-party supplier of Materials (“Third Party”), Third Party’s business partners or affiliates, and any officer, director, employee, subcontractor, agent, successor, or assignee of any Third Party, Third Party’s business partners or affiliates.
5.3. Under no circumstances, including, but not limited to negligence, shall any Covered Party be held liable for any special, direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind whatsoever (including, without limitation, solicitor’s fees) in any way due to, resulting from, or arising in connection with the Database, the Online Services or the Materials, or the failure of any Covered Party to perform its obligations under those Terms and Conditions.
5.4. Data Confidence S.A. shall not be held liable for a temporary or permanent loss of service resulting from a change or mistake in an Authorised User's e-mail address or contact information (as provided pursuant to Section 2.5 or 2.6.), made intentionally or unintentionally, whether or not that information has been communicated to Data Confidence S.A. in accordance with those Terms and Conditions.
5.5. You agree, at your own expense, to indemnify, defend and hold harmless Data Confidence S.A., its suppliers, agents, directors, officers, employees, representatives, successors, and assignees from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable solicitors' and experts' fees, arising out of or in connection with the Database, the Online Services or the Materials, or any links on the Online Services, including, but not limited to: (1) your use or someone using your computer‘s use of the Database, the Online Services or the Materials; (2) use by someone using your account; (3) a violation of the Terms and Conditions by you or anyone using your computer (or account, where applicable); (4) a claim that any use of the Database, the Online Services or the Materials by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (5) any deletions, additions, insertions or alterations to, or any unauthorised use of, the Database, the Online Services or the Materials by you or someone using your computer (or account, where applicable); (6) any misrepresentation or breach of representation or warranty made by you; or (7) any breach of any covenant or agreement to be performed by you hereunder.
6.1. If you subscribe to a Free Plan of the Services, your subscription never expires. If you subscribe to a paid Plan (Lite or Plus), your subscription will automatically expire at the end of the Plan period, unless you affirmatively subscribe for a paid subscription prior to the expiry date.
6.2. If you want to remove your account or cancel an ongoing subscription, please send us a written letter to Data Confidence S.A., 9, avenue des Hauts Fourneaux, L-4362 Esch-sur-Alzette or an email to firstname.lastname@example.org. No additional written statements are necessary.
6.3. All the fees paid made prior to termination are non-refundable, and accordingly, if you pay for the Services pursuant to a monthly subscription, all subscription amounts previously paid (including the subscription amount for the month in which the cancellation occurs), shall be non-refundable.
6.4. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
6.5. Data Confidence S.A., at its the sole discretion, reserves the right to refuse or cancel orders and/or terminate accounts, at any time due to a negligent breach or other violation of these Terms and Conditions. Products and services purchased may be forfeited without any right to receive a refund.
6.6. Data Confidence S.A. may also at the sole discretion, and at any time, modify or halt the provision of Services, or any part thereof, with or without notice.
6.7. Additionally, you agree that Data Confidence S.A. shall not be liable to you or any third-party for any interference with, or termination of, your access to the services.
7.1. Our pricing and payment terms are available at www.datapod.store/pricing . If you agree to a subscription price, it will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
7.2. All amounts stated in this Agreement are exclusive of VAT. VAT will be charged for personal users and Luxembourgish customers (17%).
7.3. The Service is billed in advance on a yearly or monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
7.4. You will receive a notification when the billing process is finished with a link to your order and invoice. Your order and invoice are stored in your account and can be download or printed by yourself.
7.5. By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for Data Confidence S.A.
7.6. You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay to Data Confidence S.A. any charge incurred in connection with your use of the Service. If you dispute the matter, contact DataPod Store Support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.
7.7. Stripe®: Data Confidence S.A. accepts various forms of payment, as described on the site. By logging into the site with the log-in credentials you have set up you authorize Data Confidence S.A. to share your billing information collected with Stripe® to charge your account and to obtain your payment. All information about your credit card are not stored in the Data Confidence server, they are only use during the payment transaction with Stripe® Checkout API. You can also check the Remember me option in the Checkout API. In this case your credit card information will be stored in the Stripe® server. The payment is safe and secure with an HTTPS connection and SSL certificates.
7.8. All payments are to be made in the currency in which your order is placed.
7.9. For credit card purchases, Data Confidence S.A. seeks authorisation of your credit card or other payment format to validate your ability to pay the fees to access the applicable product or services prior to the first purchase.
8.1. These Terms and Conditions may be amended or replaced by Data Confidence S.A. from time to time at the sole discretion of Data Confidence S.A. and are effective immediately.
8.2. Those Terms and Conditions constitute the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter. Any dispute relating to the use of the Database, the Online Services or the Materials will be subject to Luxembourg law and the exclusive jurisdiction of Luxembourg law courts.