Acceptable Usage of Dataships’ Platform and Website
1. Interpretation
1.1 In these Terms:
“API” means application programming interfaces or other means which interface the Platform with the systems of third parties; “Automation Tools” means automation tools used including to automate marketing and compliance activities; “Intellectual Property” means all intellectual and industrial property rights including without limitation, logos, brand names, images, designs, photographs, video clips, content and other materials that appear as part of a website, copyright, database rights and rights in computer software, domain names, business names, trade marks, service marks, trade dress, rights in get-up and goodwill, the right to sue for passing off and any other intellectual property rights whether registered or unregistered and existing now or in the future; “Platform” means Dataships’ software as a service (SaaS) platform through which it provides services; “Terms” means these Acceptable Usage of Dataships’ Platform and Website terms, as may be amended by Dataships from time to time; and “Website” means our website (https://dataships.io/) and our applications available on third party app stores.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Introduction
2.1 These Terms are Dataships’ acceptable usage terms which govern your access to and use of the Platform and Website. By accessing and using such, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you should not access or use the Platform or the Website.
3. Information about us
3.1 Dataships Limited is a private limited company (company no.: 670408), registered in Ireland (referred to as “Dataships”, “we”, “us” and “our”) and having an address at 12 Sans Souci Park, Booterstown Avenue, Blackrock, Dublin, A94 W9X9, Ireland. 3.2 If you wish to contact us, you can do so at support@dataships.io.
4. Acceptable Use of the Platform and Website
4.1 In relation to the Platform and Website, you agree that you shall:
(a) not modify, adapt, translate, make derivative works of, reproduce, republish, transmit or distribute in any way any material or content from the Platform or Website, except where specifically authorised by us; (b) not access, view or use the Platform or Website in order to build a competitor website, app, platform or service; (c) not access, screen scrape, retrieve or index any portion of the Platform or Website or reframe or reformat any of the content thereon; (d) not use the Platform or Website to harvest or otherwise collect by any means data, program material or any other information whatsoever about Dataships, our customers or our customers’ end-users; (e) not misuse the Platform or Website by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful; (f) not attempt to gain unauthorised access to the Platform or the Website, the server on which such are stored or any server, computer or database connected to the Platform or Website; (g) not attack the Platform or Website via a denial-of-service attack or a distributed denial-of-service attack; (h) not carry out any form of network monitoring or intercept any communications transmitted in connection with the Platform or Website; (i)ensure that your use of the Platform or Website and any activities conducted in connection with it comply at all times with applicable laws and is strictly in accordance with these Terms; (j)not use the Platform or Website in any manner that would damage the reputation of Dataships or bring it into disrepute or conflict; and (k)not use the Platform or Website in any way that is unlawful, deceptive or fraudulent or in any manner that has such a purpose or effect, including without limitation providing false data to Dataships.
5. Intellectual Property
5.1 All proprietary rights, including Intellectual Property, in the Platform (including any Dataships’ Automation Tools and APIs) and Website, including the design of such and any information and content contained therein, are the valuable and exclusive property of Dataships (or its licensors, where applicable). Nothing in these Terms shall be construed as transferring or assigning any such ownership rights or any other interest in such rights to you or any other person or entity, except where otherwise stated.
6. Feature changes and Unavailability
6.1 Dataships and/or its respective suppliers may, without notice to you, make improvements and/or changes to the Platform or Website. This means that we may add or remove temporarily or permanently any content, feature, component or other functionality of the Platform or Website. Dataships shall not be liable to you or any third party for any such changes. Any changes to the Platform or Website shall also be subject to these Terms. If you are not happy with such changes, you should cease any access to or use of the Platform or Website. 6.2 The Platform may have the ability to interface or otherwise connect with third party sites, applications, platforms, Automation Tools and other channels. You acknowledge that Dataships has no responsibility or liability in circumstances where the Platform suffers any form of disruption or outage (whether full or partial outage) caused by any such integration of, interfacing, connecting or linking with third party sites, applications, platforms, Automation Tools and other channels with the Platform. 6.3 The Platform (including APIs) and Website may be temporarily unavailable from time to time for various reasons including, without limitation, due to required maintenance, telecommunications interruptions, or other disruptions. You acknowledge and agree that the Platform (including APIs provided by Dataships) and Website are provided on an ‘as is’ and ‘as available’ basis, with no warranties (whether implied by statute, common law or otherwise) or guarantees of any kind.
7. Links to third party channels
7.1 The Platform and Website may contain links to sites, applications, platforms, Automation Tools and other channels owned or operated by parties other than Dataships. Dataships does not monitor or control such and is not responsible for their functionality, data or content. It is solely your responsibility (and not Dataships’) to ensure that you comply with any terms of use or other terms imposed by the relevant third parties for using their websites, applications, platforms, Automation Tools or other channels.
8. Liability and disclaimer of warranties
8.1 Except as set out in these Terms, Dataships makes no warranty regarding, and shall have no responsibility for, the availability, reliability, timeliness, security, fitness for purpose, data synched to or made available by the Platform or Website or non-infringement of Intellectual Property.
8.2 Nothing in these Terms excludes or limits Dataships’ liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation. Notwithstanding the foregoing, Dataships’ liability for any claim whether in contract, tort (including negligence) or otherwise, for any loss or damage, arising out of or in connection with these Terms shall in no case exceed €50 provided always that Dataships shall not in any event be liable for:
(a) your inability to use the Platform or Website; (b) any data synched to or made available by the Platform; (c) any services, sites, application, platforms, APIs, Automations Tools or other channels provided by third parties; or (d) unavailability of, delays or service interruptions to Platform or Website.
8.3 For clients and others who are subject to Dataships’ Terms of Business, the ‘Liability and disclaimer of warranty’ clause and all other clauses in the Terms of Business addressing Dataships’ exclusions and limitations on liability shall take precedence in the event of a conflict with these Terms.
8.4 Neither party shall be liable to the other for any special, incidental, indirect or consequential loss or damage whatsoever.
9. Entire Agreement and Variation
9.1 These Terms (and our Terms of Business (where you receive services from Dataships), data processing addendum and any other terms that Dataships notifies you of) constitute the entire agreement and understanding between you and Dataships and supersede any and all prior agreements, negotiations, representations of any kind, and proposals, written and oral between you and Dataships with regard to the subject matter hereof.
10. General
10.1 Dataships may vary these Terms from time to time. 10.2 No waiver by Dataships of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision. 10.3 If any provision of these Terms is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby. 10.4 Each party irrevocably agrees that these Terms shall be governed by and construed in accordance with the laws of Ireland without regard to choice or conflicts of law rules and that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
11. Contact Us
In order to resolve a complaint or to receive further information, please contact us at support@dataships.io
