Use of Dataddo' products, services and web sites (referred to collectively as the “Service(s)” in this document and excluding any services provided to you or your employees by Dataddo under a separate written agreement) is subject to the terms of a legal agreement between you and Dataddo (as defined below in the section General legal terms, point 1.) contained in this document and/or any other document explicitly referred to herein. These document governs your use of Services.
The Services are accessed through Dataddo' proprietary software application(s) (referred to as the “Software” below) and hosted on Dataddo' servers.
Terms and conditions set out in this document referred to below as the “General Terms”.
Your agreement with Dataddo will also include all subscription rates and payment terms applicable to the Services chosen by you (the “Payment Terms”). The Payment Terms, including any related additional terms applicable to your subscription, are published on Dataddo website or are otherwise made available to you either within, or through your use of, the Service you subscribe to.
The General Terms, together with Privacy and Data usage policy (available at https://www.dataddo.com/privacy/) and Cookies policy (available at https://www.dataddo.com/cookies/), are a legally binding agreement between you and Dataddo in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms”.
Accepting the Terms
In order to use the Services, you must fully agree to the Terms.
You can accept the Terms by (1) clicking to accept or agree to the Terms, where this option is made available to you by Dataddo in the user interface for any Service; (2) by payment for the Services; or (3) by actually using the Services. By performing one of these three options, you understand and agree that Dataddo will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (1) you are not of legal age to form a binding contract with Dataddo; or (2) when contracting on behalf of an entity, you are not authorized to legally bind your company or organization to such terms; or (3) you are a person or entity barred from receiving the Services under the laws of the Czech Republic or other countries including the country in which you are resident or from which you use the Services.
Payment for the Services provided by Dataddo
The prices applicable to your use of the Services are published on website www.dataddo.com.
You can pay for the Services either by using your PayPal account, by entering your credit card information, or alternatively, you can contact us to agree on other methods of payment (such as invoicing). If you subscribe to the Service, you agree that you will be charged periodically by Dataddo based on the payment conditions specified at checkout. In addition, you fully acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the Service. Dataddo will always inform you about the price modification prior to making the upgrade or changing your subscription.
Dataddo is not responsible for the payment processing provided by any third party.
Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the Services.
Providing of the Services
Dataddo may have subsidiaries and affiliated legal entities in other countries (referred herein as the “Subsidiaries and Affiliates”). At times, these companies may provide the Services to you on behalf of Dataddo itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. Where Services are provided by Dataddo’ Subsidiaries or Affiliates, Dataddo will remain ultimately responsible for the provision of Services.
You fully acknowledge and agree that the form and nature of the Services which Dataddo provides may change without prior notice to you.
You acknowledge and agree that Dataddo may permanently or temporarily stop providing the Services (or any part of the Services) to you or to users generally at Dataddo' sole discretion, without prior notice to you.
You understand and agree that if Dataddo disables access to your account for non-payment or other breach of the Terms, you may be prevented from accessing the Services, your account details or any data or other content which is contained in your account.
Your use of the Services
In order to access certain Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Dataddo will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (1) the Terms; (2) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (3) any other applicable rules (including Google, Facebook and Twitter rules).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Dataddo, unless you have been specifically allowed to do so in a separate agreement with Dataddo.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Dataddo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you will not engage in any activity that may amount to the misuse of our Services or that seeks to circumvent the Services’ terms.
You agree that you are solely responsible for (and that Dataddo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Dataddo may suffer) of any such breach.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
If you become aware of any unauthorised use of your password or of your account, you agree to notify Dataddo immediately using contact details presented on www.dataddo.com.
We do maximum to maintain high security level of your account.
PASSWORDS ARE NEVER REVEALED AND STORED IN HASHED (ONE-WAY ENCRYPTED) FORM.
In some cases (especially when accessing your Google Analytics, Facebook or Twitter), Dataddo uses OAuth. This is a secure authentication method, which means that you never have to type your password into Dataddo, as the authentication happens on a 3rd party webpage.
Content in the Services
You understand that “Content” means any material or information (including without limitation text, images, audio material, video material and audio-visual material) which you may have access to as part of, or through your use of, the Services.
Dataddo reserves the right to edit or remove any Content created as a result of using Services, or stored on Dataddo' servers.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services (if any), may be protected by intellectual property rights owned by the sponsors or advertisers who provide such Content to Dataddo (or by other persons or companies on their behalf), and that the Content may include sensitive personal data. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content (either in whole or in part), unless you have been specifically told that you may do so by Dataddo or by the owners of that Content, in a separate agreement.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Dataddo has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Dataddo or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Dataddo harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Dataddo as a result of or in connection with your breach of any third party’s intellectual property or similar rights.
You acknowledge and agree that Dataddo owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Dataddo and that you shall not disclose such information without Dataddo' prior written consent.
Unless you have agreed otherwise in writing with Dataddo, nothing in the Terms gives you a right to use any of Dataddo' trade names, trademarks, service marks, logos, domain names and any other distinctive brand features. If any Service’s deliverables such as dashboards, datasets or reports generated by you through the use of the Service include Dataddo’ trade name, trademark, service mark, logo, domain name or other distinctive Dataddo’ brand features, their use in connection with that deliverable is permitted.
Other than the limited license set forth in Privacy and Data usage policy (available at https://www.dataddo.com/privacy/), Dataddo acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Dataddo, you agree that you are responsible for protecting and enforcing those rights and that Dataddo has no obligation to do so on your behalf.
You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorised to do so in writing by Dataddo, you agree that in connection with the Services, you will not use any trade mark, service mark, trade name, logo of any third party company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
Licence from Dataddo
Dataddo gives you a worldwide, royalty-free, non-assignable and non-exclusive right and licence to access and use the Services on a subscription basis, for the term and in the scope designated by the Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Dataddo, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software underlying the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Dataddo in writing. You may not access and/or use the Service and the underlying Software in order to build a similar or competitive product.
Unless Dataddo has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted hereunder.
You fully acknowledge that this is a service agreement and Dataddo will not be delivering copies of the Software to you as part of the Services.
Ending your relationship with Dataddo
If you subscribe to using the Services continuously on a monthly “pay as you go” basis online:
You may stop using the Services and so terminate your legal agreement with Dataddo at any time using the user interface for the Services.
Dataddo may at any time, by sending a notice, terminate its legal agreement with you embodied in the Terms if (1) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you intended to do so), (2) Dataddo is required to do so by law, (3) the partner with whom Dataddo offered the Services to you or whom Dataddo uses or whose cooperation Dataddo needs in order to offer the Services to you, has terminated its relationship with Dataddo or stop to offer the Services to you, (4) Dataddo decided to no longer providing the Services to users in the country in which you reside or from which you use the Services or (5) the provision of the Services to you by Dataddo is, in Dataddo' opinion, no longer commercially viable.
Your legal agreement with Dataddo embodied in the Terms shall automatically renew for another term corresponding to your original (preceding) subscription term, unless you or Dataddo provide notice to the other of your or our intent to terminate the agreement within the last thirty (30) days before the end of the then current term. You will be notified of the upcoming renewal and may notify Dataddo of your intention not to renew by unsubscribing from the automatic renewal within the user interface for the Services.
If you are using Dataddo on the basis of FREE plan (i.e. you did not subscribed to any paid plan)
Dataddo may disable your account and so terminate your legal agreement with Dataddo without any notice or explanation.
When your legal agreement with Dataddo comes to an end, all of the legal rights, obligations and liabilities that you and Dataddo have benefited from, been subject to (or which have accrued over time whilst your legal agreement with Dataddo has been in force) and which are expressed to continue indefinitely, shall be unaffected by this cessation.
Exclusion of Warranties
The Services are provided “as is” and Dataddo, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
In particular, Dataddo, its Subsidiaries and Affiliates, and its licensors do not represent or warrant to you that (1) your use of the Services will meet your requirements; (2) your use of the Services will be uninterrupted, timely, secure or free from error; (3) any information obtained by you as a result of your use of the Services will be accurate or reliable; and (4) that defects in the operation or functionality of any Software used to provide the Services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
Limitation of liability
Dataddo will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with the Services provided by Dataddo (1) for any direct, indirect, special or consequential loss; or (2) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Dataddo has been expressly advised of the potential loss.
The Services may include hyperlinks to other web sites or content or resources. Dataddo has no control over any web sites or resources which are provided by companies or persons other than Dataddo.
You acknowledge and agree that Dataddo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Dataddo is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources. In addition, you acknowledge and agree that Dataddo is not liable for any damage which may be incurred by you as a result of any reliance you may have placed on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.
Changes to the Terms
Dataddo may revise these conditions without any prior notification to you. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
General legal terms
“Dataddo” or “we” means Dataddo s.r.o., whose principal place of business is in V. Dobiáše 549, Jičín, 506 01, Czech Republic. “You” means the entity or individual that is entering in to the legal agreement for the Services.
The Terms constitute the whole legal agreement between you and Dataddo and govern your use of the Services (excluding any services which Dataddo may provide to you under a separate written agreement), and completely replace any prior agreements between you and Dataddo in relation to the Services.
You agree that Dataddo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services website.
The parties agree that if one of them does not exercise or enforce any legal right or remedy which is contained in the Terms (or which such party has the benefit of under any applicable law), this will not be taken to be a formal waiver of such party’s rights and that those rights or remedies will still be available to it.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Dataddo under the Terms, shall be governed by Czech law. You and Dataddo agree to submit to the exclusive jurisdiction of the courts of the Czech Republic to resolve any legal matters arising from the Terms. Notwithstanding this, you agree that Dataddo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.