Terms of Use

If a Datatinga Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, on-transferable license to access and use such software, content, virtual item or other material for your use only.

You may not circumvent or disable any content protection system or digital rights management technology used with any Datatinga Service; decompile, reverse engineer, disassemble or otherwise reduce any Datatinga Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Datatinga Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Datatinga Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through Datatinga, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.

DATATINGA IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

Datatinga is constantly evolving and will change over time. If we make a material change to Datatinga, we will provide you with reasonable notice and you will be entitled to terminate this contract.

We do not allow uses of Datatinga that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Datatinga Service or connected network, or interfere with any person or entity’s use or enjoyment of any Datatinga Service.

Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of Datatinga using a robot, spider, scraper or other automated means or manual process without our express written permission.

Datatinga may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.

When you access Datatinga through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using Datatinga may be prohibited or restricted by your network provider and not all Datatinga features may work with your network provider or device.

Datatinga Beta Terms

Thank you for participating in the Datatinga Beta Program. These Datatinga Beta Program Terms (“Terms”) apply to and govern your participation in any or all of public or private beta programs (“Beta Program) and use of Datatinga’s Beta Services (“Beta Services”). In order to participate in a Beta Program or use Beta Services, you must agree to these terms.

1. Eligibility and Participation

By using Datatinga’s Beta Services, you hereby agree to comply with all written requirements provided in these terms by Datatinga regarding these Beta Services. You also agree to use the Beta Services in accordance with Datatinga Terms of Service, and theDatatinga Privacy Policy for the duration of these Terms. The Datatinga Terms of Service are incorporated by reference and will control for any provisions not addressed in these Terms. The Terms of Service continue to apply with regard to your use of the Datatinga Services or any Beta Services. In the event that you are no longer a user of Datatinga, your use of all Beta Services will be terminated.

2. Beta Services

“Beta Services” means a Service, or a feature, that is designated or presented to the user as alpha, beta, experimental, pilot, limited release, in development, developer preview, early access, non-production, evaluation, such that it is provided prior to general commercial release (and has the designation “Beta”). The Beta Services may be accessed via the Datatinga web application (Datatinga), or through the Datatinga browser extension (Chrome extension). You hereby agree to our Datatinga Beta Terms if you using any product features that involve Artificial Intelligence (AI), including Co-Tinga™. By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services. Datatinga reserves the right to offer Beta Services for free or charge fees to access and use the Beta Services.

3. Feedback

The Beta Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Datatinga (“Feedback”). You acknowledge the importance of communication between you and Datatinga during your use of the Beta Services and agree to receive related correspondence and updates from us with regard to the Beta Services. In the event you request to opt out from such communications, Datatinga reserves the right to terminate your participation in the Beta Program, and your use of the applicable Beta Services will likewise be discontinued.As part of using the Beta Services, you may be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Datatinga owns all feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you.We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and services.

4. Intellectual Property

Except to the extent permitted by law, you agree not to modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Datatinga technology.

5. Modification and Termination

Datatinga reserves the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You understand and agree that if you use the Beta Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.

These terms will remain in effect for as long as you use the Beta Services until general release (General Availability or “GA”) to the public. These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of other Beta Services, or use of Datatinga Services.

6. Disclaimer of Warranties

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BETA SERVICES ARE PROVIDED BY DATATINGA ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE DATATINGA BETA PROGRAM OR BETA SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATATINGA EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DATATINGA MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES DATATINGA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATATINGA OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability and Indemnification

IN NO EVENT SHALL DATATINGA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT DATATINGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATATINGA’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree to hold harmless and indemnify Datatinga, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Services and/or your participation in the Beta Program(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Services.

8. Confidential Information

You acknowledge and agree that: (i) the Beta Program and Beta Services constitute Confidential Information as defined in the Terms of Service (ii) the successful market launch of commercial versions of the Beta Services requires you to keep all Datatinga data and information discussed and/or made available through or contained in Beta Program, including, without limitation, the Beta Services strictly confidential; (iii) the premature release of any of the Confidential Information would damage Datatinga’s competitive and intellectual property interests; and (iv) information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services, which may include users in your Datatinga Account.

9. General Compliance with Laws

You agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, participation, access and/or use of the Beta Services or Beta Program.

Datatinga permits or requires you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use Datatinga if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.

Content (e.g. insights, ideas and actions, and the data they are derived from) is presumed to be the property and responsibility of the organization whose instance of Datatinga the information is being stored in. While Datatinga does not allow or condone content that is defamatory, violent in nature or used in inappropriate or misleading ways, it is the responsibility of the subscribing organization to govern the content that its users are adding to their instance of Datatinga.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright, or the publishing of content that is derogatory or violent in nature. In addition, we may suspend or terminate your account and your ability to use Datatinga if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or Datatinga.

The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.

By signing up for a paid subscription for Datatinga, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.

Datatinga offers a free subscription for Datatinga. If you register for a free subscription, we do not collect or process any payment information and we only bill your account when you agree to a paid subscription plan.

Datatinga offers plans with different limits on the numbers of user seats. All plans are provisioned directly from the Datatinga team and billing is done by invoice only, on an annual basis. Custom branding is provided for all plans and is typically added within 4 business days from the start of the Datatinga subscription. We will send to you a welcome notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us.

We reserve the right to refuse or cancel any order. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, or problems identified by our credit or fraud departments.

We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

If you wish to cancel, you must do so by following the cancellation instructions for Datatinga, speficially, emailing your Customer Success Manager (CSM) with a cancellation notification, in writing. With cancellations, the data for the cancelled organization is retained for ninety days (90) so that resumption of Datatinga, if desired, can be done seamlessly, within this period. Data will be deleted from Datatinga infrastructure after this 90 day period. If you wish to have the data deleted sooner, you may specifiy this in writing.

Cancelling your subscription in the middle of a payment term, monthly or annual, removes the auto-renewal nature of your subscription. No refund for the current term is provided and the subscription can continue to be used for the duration of the current payment term. If you would like to terminate your account immediately, without the benefit of a refund, you can request this in writing to your Customer Success Manager (CSM).

We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a Datatinga Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

Jacob Sapirstein
Datatinga LLC
933 Willow Ave. 1L
Hoboken, NJ 07030
E-mail: copyrights@Datatinga.com

We will respond expeditiously to claims of copyright infringement committed using Datatinga that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws.

You and Datatinga LLC agree to arbitrate all disputes between you and Datatinga LLC, except disputes relating to the enforcement of Datatinga LLC intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning Datatinga or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Datatinga LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or Datatinga LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the otice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Datatinga LLC, 933 Willow Ave. 1L, Hoboken, NJ 07030, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Datatinga LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and Datatinga LLC do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes in the local office of AAA in New York, NY. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Datatinga LLC will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.

If you are a resident of the United States, arbitration will take place at the AAA offices in New York, New York, United States of America, and you and Datatinga LLC agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Datatinga LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

You agree that any action at law or in equity arising out of or relating to these terms or Datatinga that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Delaware, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

These terms are governed by and construed in accordance with the laws of the State of Delaware and the laws of the United States, without giving effect to any conflict of law principles.

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.