These Terms of Service (“Terms“) govern your access to and use of Data Observer websites, services, and applications (collectively the “Service“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

Your Use of the Service

By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.

You may use the Service only if you can form a binding contract with Data Observer, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Data Observer may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.

Acceptable Use of Data Observer

Data Observer is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:

• use the Service for any unlawful purposes or for promotion of illegal activities;
• access or reverse engineer the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the Service, or (iii) copy any ideas, features, or functions of the Service;
• publish or perform any benchmark or performance tests or analysis relating to the Service or the use thereof without express authorization from Data Observer;
• utilize the information provided by the Service to create a service similar to Data Observer, including but not limited to: text analysis services, meta-data extraction, retrieval, or entity extraction services, and content categorization services;
• republish information provided by Data Observer in a bulk format;
• use the Service to reproduce copyrighted materials;
• make the Service available over a network (other than Data Observer network) where it could be used by others;
• translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service, features or ideas from the Services, or any portion of them;
• circumvent any technology used by Data Observer or its licensors to protect information accessible via the Service;
• sell, rent, lease, transfer, or sublicense any of the Service;
• utilize or enable a third party to utilize Data Observer via any means that bypasses this Terms or the registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
• distribute, facilitate, or enable access to the Service in any manner deemed by Data Observer in its sole discretion to be objectionable or harmful to the business or reputation of Data Observer;
• use the Service in conjunction with deep packet inspection and/or any form of network surveillance technology;
• use the Service to monitor Internet and/or other telecommunications traffic; or
• use the Service in any way that violates these Terms.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice

Subscriptions

You have the option of purchasing a subscription to the Service. Subscriptions are sized and priced at the discretion of Data Observer and may change from time to time. To initiate a subscription you must enter a valid debit or credit card. When you confirm your subscription on Data Observer, you agree to be bound by and pay for that purchase.

Following the end of your subscription period (typically one month, three months or twelve months, as determined by you), your subscription will automatically renew at the same payment terms. You may upgrade your subscription at any time through the self-serve functions in your account dashboard. When you upgrade your subscription, you are invoiced at the price of your new subscription level. The unused, prorated amount of your old subscription and your new subscription will be debited against your account in the next billing cycle.

You may downgrade your subscription at any time; the downgrade will take effect at the start of your next billing cycle. You may cancel your subscription at any time; your cancellation will take effect at the end of your current billing cycle. No refunds will be provided for portions of the current billing cycle following a downgrade or cancellation.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

If you believe that Data Observer has charged you in error, you must contact Data Observer within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.

If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. If your subscription is cancelled, Data Observer will maintain all resources that were generated by your subscription. Data Observer retains the right to delete any sources generated by a subscription that have not been updated within 90 days.

Your Account

You must provide us accurate information when you create your Data Observer account. Your Data Observer account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Data Observer with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.

All of your data will be immediately deleted from the Service if you cancel your account or Data Observer terminates your account as set forth below. This information cannot be recovered once your account is cancelled. Termination of the Service results in the deletion of your account and all your data.

Data Observer reserves the right to refuse service to anyone for any reason at any time. Data Observer, in its sole discretion, retains the right to suspend or terminate your account and/or refuse any and all current or future use of the Service, for any reason at any time. Without limiting other remedies, Data Observer may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Service.

Account Security

You are responsible for safeguarding the password that you use to access the Service, and for any activities or actions under your password, whether your password is with Data Observer or a third-party service. Same criteria applies to your assigned API key(s). We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password and API key(s) to any third party. Data Observer cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Data Observer immediately upon becoming aware of any breach of security or unauthorized use of your account.

Your Content

You understand that all content that you input, post, transmit, stream or upload to the Service are your sole responsibility. This means that you, and not Data Observer, are entirely responsible for all data that you input, upload, post, stream, transmit or otherwise make available via your account. Data Observer does not control the data analyzed or modeled via the Service and, as such, does not guarantee the accuracy, integrity or quality of such data.

To use the Service, you must be the owner, have the rights to use the data, or use public data for all data sources that you create within Data Observer. Your data sources cannot be obtained by fraud, involve the use of counterfeit or stolen data, or have been obtained by other unlawful or morally repugnant method.

Your data sources cannot infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or privacy laws. Your data sources cannot violate any law, statute, ordinance or regulation (including without limitation those governing export control or consumer protection).

Your data sources cannot create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Your data is considered confidential information by Data Observer as set forth in our Privacy Policy. Notwithstanding the foregoing, a party receiving confidential information will not be in violation of this agreement regarding a disclosure that was in response to a valid order by a court or other governmental body nor will Data Observer be in violation if it discovers that you intend to use the Service to further an impermissible purpose or to commit or plan a crime.

Data Observer’s License

Subject to these Terms, Data Observer gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.

Data Observer Property, Copyrights and Feedback

All right, title, and interest in and to the Service (excluding any content provided by you) are and will remain the exclusive property of Data Observer and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Data Observer name or any of the Data Observer trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Data Observer, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Privacy

We care about the privacy of our users. We collect, use and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. You agree that by using the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred and processed.

Indemnification

You agree to defend, indemnify and hold harmless Data Observer and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, including any data or content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Data Observer AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Data Observer, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Data Observer BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Data Observer ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Data Observer ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Data Observer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Miscellaneous Legal Terms

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

In the unlikely event that Data Observer has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Data Observer claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of San Francisco, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Data Observer from seeking injunctive or other equitable relief from the courts as necessary to protect any of Data Observer’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Data Observer ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

These Terms, together with any amendments and any additional agreements you may enter into with Data Observer in connection with the Service, will constitute the entire agreement between you and Data Observer concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Data Observer’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. You can opt out of certain types of notifications through your settings page.

Please contact us at contact@data-observer.com with any questions regarding these Terms.