PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE CLICKING ON THE “ACCEPT” BUTTON AND/OR USING THE SERVICES (AS DEFINED BELOW), IN WHICH CASE YOU WILL BE BOUND BY THESE TERMS. PLEASE BE AWARE THAT ANY USE OF THE SERVICES CONSTITUTES ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS, AND YOUR AGREEMENT TO BE BOUND THEREBY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CLICK ON THE “ACCEPT” BUTTON AND/OR USE THE SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. AS USED HEREIN, “YOU” AND “YOUR” REFER TO YOU AND ANY ORGANIZATION ON BEHALF OF WHICH YOU ARE ACTING. “INTEGRATE.IO”, “US” AND “WE” SHALL MEANS, INTEGRATE.IO LTD. AND ITS SUBSIDIARIES OR AFFILIATES INVOLVED IN PROVIDING THE SERVICES. THESE TERMS INCLUDE AND INCORPORATE BY REFERENCE INTEGRATE.IO PRIVACY POLICY AS AMENDED FROM TIME TO TIME https://datalyst.ai/privacy.
IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH INTEGRATE.IO FOR THE PROVISION AND USE OF THE SERVICES ("SEPARATE AGREEMENT"), THE TERMS AND CONDITIONS OF SUCH SEPARATE AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THESE TERMS.
1. The Services
1.1. Provision of the Services
The services offered by Datalyst.ai include a website – https://datalyst.ai ("Website"), a “software as a service” (SaaS) application made available through the Website ("Application"), and other features or content as now offered and/or may be offered in the future, in connection with the Website or the Application (collectively referred to as the ("Services"). These Terms set the legally binding terms for using the Services.
Datalyst.ai shall choose, in its sole discretion, the equipment, tools, system, software and hardware to be used in order to provide You with the Services. The Services shall be provided through Datalyst.ai’s servers and/or third party’s external servers or cloud-based servers (as further described in Section 6 below) services used by Datalyst.ai, to be determined by Datalyst.ai in its sole discretion.
Subject to Your payment of applicable fees, support services in connection with the Services shall be provided to You from time to time by Datalyst.ai remotely via email and/or online forum, at Datalyst.ai’s sole discretion. Without derogating from any provision herein, any support services provided to You by Datalyst.ai are provided “as is” and on an “as available basis” and any implementation thereof by You shall be made at your own risk and responsibility.
Datalyst.ai shall use best commercially efforts to make the Services available 24 hours a day, seven days a week, except for: (a) planned maintenance carried out by Datalyst.ai during its business hours; and (b) unplanned maintenance performed within or outside the normal business hours of Datalyst.ai, as determined by Datalyst.ai at its sole discretion, provided that Datalyst.ai has used reasonable endeavors to give You prior notice.
1.2. Eligibility to Use the Service
By using the Services, You represent that: a) You are the age of majority in Your jurisdiction; b) Your use of the Services does not violate any applicable law or regulation; c) all required information that You submit or post in order to use the Services is accurate and You will maintain the accuracy of the information at all times. If Datalyst.ai is informed or has reason to believe that You are not eligible to use the Services or that You become ineligible, Your use may be suspended or terminated without notice and Your account may be suspended, blocked and/or deleted, at Datalyst.ai’s sole discretion.
1.3. Changes in the Services
Notwithstanding anything to the contrary, Datalyst.ai reserves the right to suspend, discontinue, modify, or remove any Services offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on Datalyst.ai’s sole discretion.
In addition, Datalyst.ai expressly reserves the right to change the pricing of any of its Paid Plans (as defined below) and/or to charge You, in the future, for Services which are currently available for free. Datalyst.ai will not charge You for using the Services, before receiving Your consent, however Datalyst.ai reserves the right to terminate Your account with Datalyst.ai and/or Your use of the Services, in whole or in part, should You refuse to provide such consent and payment if and when so required.
1.4. Registration Process
In order to use certain Services you may be required to perform registration. Datalyst.ai reserves the right to decide which Services require registration or will require registration in the future. If You decide to register for the Service, You must provide certain information about Yourself to Datalyst.ai (as further elaborated below) and create an account.
In the course of the registration process You will be required to provide information regarding, but not limited to, Your full name, e-mail address, credentials to third party websites or applications from which you would like Datalyst.ai to read/write data from/to, as well as the name, telephone number and other basic information of the organization on behalf of which You are acting, and/or other information. You will also be required to update your preferred third-party cloud provider and your preferred region, where Datalyst.ai will execute the Services You subscribed for.
In addition, You will also be required to provide financial information such as credit card information. This process as well as the clearing process shall be made through a secured website of a reputable third party service provider of Datalyst.ai. Any such financial information shall be used only to bill You for the Services you purchased and/or used. Datalyst.ai shall treat such information in accordance with its Privacy Policy.
Once You register to the Service, You represent and warrant all information that You submit during the registration is accurate and truthful, and that You agree to update and maintain the accuracy of such information at all times. You further represent and warrant that Your use of the Services shall not violate any applicable law or regulation. Datalyst.ai reserves the right to suspend or terminate the account and/or any or all use of the Services of a registered user if registration information submitted seems (in its sole discretion) or proves to be false, inaccurate or incomplete. The registration process also requires You to create user name and password. Datalyst.ai will, in accordance with its Privacy Policy, keep Your user name and password confidential, However, You are responsible for maintaining the confidentiality of Your user name and password and for logging out of Your account at the end of each session. You are solely responsible for any and all activities that occur under your account. If You become aware of any unauthorized use of Your user name and/or password and/or of Your account or any other breach of security, You will notify Datalyst.ai immediately.
Registration of more than one account for the purpose of avoiding additional fees and/or any other unauthorized purpose is prohibited.
2. Right to Use the Services; Unauthorized Uses
2.1. Limited License; Permitted Uses
You are hereby granted with a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Website, Application and/or any other Services provided to You by Datalyst.ai strictly in accordance with these Terms, the Privacy Policy and/or any other agreement between you and Datalyst.ai, and solely for internal, personal, non-commercial purposes.
This license does not include any right to perform collection, aggregation, copying, duplication, display or derivative use of the Website, Application and/or any other Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose. You are not allowed to use any software, scripts or automated agents and Bots in a manner intended to mine data from the Website, Application and/or any other Services.
You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of Datalyst.ai’s technology, Website, Application and any of the Services and/or the work products thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Datalyst.ai’s technology, Website and/or Application and/or the work products of the Services; (iii) rent, lease, sell, assign or otherwise transfer rights in or to Datalyst.ai’s technology, Website, Application and/or any of the Services; (iv) remove any proprietary notices or labels on Datalyst.ai’s technology Website, Application and/or the work products thereof or placed by the Services; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of Datalyst.ai’s technology, Website, Application and/or any of the Services; (vi) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is specifically provided by Datalyst.ai in connection with the Services, unless You have been explicitly allowed to do so in a separate written agreement with Datalyst.ai; or (v) engage in any activity that interferes with or disrupts any of the Services (or the servers and networks which are connected to the Services).
You may not access the Website, Application and/or any other Services for the purpose of bringing an intellectual property infringement claim against Datalyst.ai or for the purpose of creating a product or service which may be, directly or indirectly, competitive with the Website, Application and/or any other Services.
You will comply with all applicable laws and regulations in Your use of and access to Datalyst.ai’s Website, Application and/or any other Services.
2.2. Restrictions on Offensive or Illegal Use
Datalyst.ai strictly prohibits the use of the Services or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Services to create, edit, post, upload, transmit or otherwise provide any content, information and/or data that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. You agree to abide by all applicable local, state, national and international laws and regulations, including but not limited to, any laws regarding the export of data or software. You are and shall remain solely responsible for all acts or omissions that occur under Your account and/or in connection with Your use of the Services, including, without limitation, in connection with the content, information and/or data that you create, edit, post, upload, transmit or otherwise provide through the Services.
Without derogating from the above, in the course of Your use of the Services You are prohibited from performing any activity that Datalyst.ai determines, in its sole discretion, to constitute network abuse.
Datalyst.ai reserves the right to remove any content, information and/or data created, edited, posted, uploaded, transmitted or otherwise provided by You which deems to be in contrast with any of the terms set forth herein, in Datalyst.ai’s sole discretion, and/or to take action against user who uses the Website, Application and/or any of the Services (or any of its functionalities) for offensive, illegal or harming purposes or otherwise not in full compliance with this Terms, including, but not limited to, suspending or terminating any or all use of the Services, in any way or manner, and/or terminating Your account.
3. Datalyst.ai’s Proprietary Rights
Datalyst.ai owns and retains the entire title, rights and/or interest in and to its technology, Website, Application and/or any of the Services (and/or or any part thereof) and any and all intellectual property rights related and associated therewith, including any improvements, specifications, work products, updates, upgrades, error-corrections or other modifications thereof. Datalyst.ai’s Website, Application and/or other Services contain technology, data, ideas, know-how, trademarks, trade secrets, inventions, copyrights and other proprietary information of Datalyst.ai and its licensors. You are not granted with any rights in or to the Website, Application and/or any of the Services. You shall have no right in the intellectual property associated or related to the Website, the Application or any other part of the Services and nothing herein should be inferred as granting such rights to You.
Without derogating from the generality of the above, it is hereby clarified that all content, codes and/or other work products generated through, produced by or otherwise related to or associated with Datalyst.ai’s Website, Application and/or any of the Services, including without limitation, any scripts, codes, formulas, reports, notes, records, charts, analyses, lists and any other documents, material or work products (in any media whatsoever), shall be the sole property of Datalyst.ai and You shall not have any right in connection therewith.
4. Third Party Providers
You acknowledge that Datalyst.ai uses third party IT and/or cloud infrastructure services in order to provide the Services. You acknowledge and agree that Datalyst.ai is not and shall not be responsible for the availability, performance or security of any such external third party services or resources, and it shall not be held liable for any loss or damage (including loss of data and/or loss of profits), which may be incurred by You, as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in those external third party services or resources, or as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in the Services provided through such external third party services or resources.
In addition to the aforesaid, in order to provide You with the Services, Datalyst.ai may utilize, include in the Services, distribute to You and/or otherwise make available to You certain third-party software, components, cookies, clear GIF and/or libraries that are subject to open source license and/or to other third-parties license terms ("Third Party Software").
You acknowledge and agree that Your right to use such Third-Party Software in connection with the Services is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or Third Party Software license, the terms of the applicable Third Party Software license shall prevail with regard to Your use of the relevant Third Party Software. Other than the applicable Third Party Software, in no event, shall the Website, Application and/or any of the Services be deemed to be “open source” or “publicly available” software.
5. Privacy
You acknowledge that Datalyst.ai collects, stores and uses personal data with respect to You, Your clients and Your users. You hereby consent to Datalyst.ai’s collection and use of such personal data and agree that such collection and use of this information will be governed by Datalyst.ai’s privacy policy that is located at: https://datalyst.ai/privacy as revised from time to time (the “Privacy Policy").
6. Disclaimer of Warranties; Limitation of Liability
6.1. General Disclaimer
Datalyst.ai does not warrant that the website, the application and/or any of the service will operate without interruption or error/bug free.
Without limiting the generality of the foregoing, Datalyst.ai makes no warranties, representations or other affirmation regarding: (a) the suitability of the Website, Application and/or any of the Services for use with third party products, or regarding the performance thereof, (b) that Your use of the Services will meet Your requirements, (c) that Your use of the Services will be uninterrupted, timely, or secure, and (d) that the usage of data provided through the Services will be accurate.
6.2. Disclaimer regarding Content
Datalyst.ai disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability or operability of information, data or content created, edited, posted, uploaded, transmitted or otherwise provided by you in the course of Your use of the Website, the Application and/or any of the Services (and/or portion of it). Datalyst.ai disclaims any responsibility for the deletion, failure to transfer, store, creating back-ups, mis-delivery, or untimely delivery of any information or content or material. Datalyst.ai disclaims any responsibility for any harm resulting from downloading or accessing any information or content or material through the Services.
6.3. Limitation of Liability
Under no circumstances shall Datalyst.ai be liable for direct, indirect, incidental, punitive, exemplary, special, consequential or exemplary damages (including loss of use, data, business or profits), resulting from any aspect of your use of the Website, the Application and/or any of the Services, including, without limitation, damages arise from use or misuse or reliance or inability to use the Website, the Application and/or any of the Services or arise of any error or bug therein, and/or damages arise from the interruption, suspension, modification, alteration, or termination of the Website, the Application and/or any of the Services - with respect to all - whether such liability arises from a claim based upon contract, tort or otherwise, and whether Datalyst.ai has been advised of the possibility of such damages. such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website, the Application and/or any of the Services or any links on the Website, as well as by reason of reliance on or use of any information or advice received through or advertised in connection with the Website, the Application and/or any of the Services or any links on the Website. These limitations shall apply to the fullest extent permitted by law.
In addition, Datalyst.ai will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, hosting services failure, other third parties' products or services failure, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
7. Term and Termination
These Terms are and shall remain in full force and effect as long as You make any usage of the Services (either under a Free Trial or a Paid Plan or otherwise) and/or Your account is not terminated. You may terminate your account and/or Your Free Trial or Paid Plan at any time and in Your sole discretion, with no need for justification, by (i) disabling your account on Datalyst.ai web application OR contacting Datalyst.ai in writing and requesting to disable/delete Your account, and (ii) discontinuing Your use of the Services ("Termination Notice"). If You are under a Paid Plan, any Termination Notice You provide shall take effect on the later of: (a) last day of the Subscription Period, or (b) thirty (30) days after the date of your Termination Notice. We may terminate Your account and/or Your Paid Plan at any time, in whole or in part, for any reason upon providing You with thirty (30) days written notice.
Upon any termination or expiration of these Terms, all licenses, and any other rights and services provided by Us to You in these Terms, shall cease immediately, and You shall immediately (i) pay all outstanding balances, and (ii) cease all use of the Services.
We also may permanently or temporarily terminate, suspend, limit or “throttle” your usage, or otherwise refuse to permit Your use of the Service without notice or liability, if in Our sole determination, You violate these Terms or Datalyst.ai’s Privacy Policy, or in cases of emergency or to prevent violations of law or harm to Datalyst.ai or others. Termination of these Terms of Service, any license, or Your access to the Site or Service, shall not limit Us from pursuing other remedies available to Us against You, including, but not limited to, injunctive relief.