Last revised on March 03rd, 2022
Effective as of March 03rd, 2022
This Terms of Service (the “Terms”) constitute a legal agreement that sets out your rights and obligations, and those of Datapad Inc., a company registered in state of Delaware, USA (“Datapad”, “Company”, “we”, “us” or “our”), in relation to the Datapad website (the “Site” or “Website”) and our web applications or other the services (the “Services”) offered by Datapad through it.
By using our Website and/or Services, you are agreeing to comply and be bound by all terms and conditions herein (the “Agreement”). Please review these Terms carefully. If you do not agree, you should not use the Website or Services. We reserve the right to update or revise these Terms without notice. Please check these Terms periodically for changes. Your continued use of our Website or Services following the posting of any changes constitutes acceptance of those changes. Our Terms will be kept up to date at datapad.io/terms-of-service.
Company alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Datapad. The company name, the company logo, and the product names associated with Datapad are trademarks of company or third parties, and no right or license is granted to use them. The copying, redistribution, use or publication by you of any such matters or any part of the Datapad is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Datapad. The posting of information or materials on Datapad does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Website or Services infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to Datapad’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
Datapad Inc. Attn: Copyright Agent
651 N Broad St, Suite 206, Middletown, DELAWARE, 19709
In any such notice, please include sufficient information to address the items specified below:
In some cases, it is necessary for Company employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Company employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
The Company does not own any data, information or material that you or other users submit (“User Content”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all User Content that you submit, and Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content. Upon request by the applicable Administrator, the Company may remove, modify, edit or otherwise alter any applicable User Content. The Administrator shall also have the power to block, delete or otherwise modify the access of users under its applicable account, and shall be solely responsible for the addition and removal of users under its account.
Company reserves the right to withhold, remove and/or discard User Content without notice for any breach of the Agreement. Upon termination for breach of the Agreement, your right to access or use customer data immediately ceases, and we shall have no obligation to maintain or forward any customer data.
All activity occurring under your user account are your responsibility and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Datapad, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations which are required by your employer and/or the applicable Administrator(s) of your account.
You shall (1) notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (2) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or other users to violate this agreement or the intellectual property rights of third parties; (3) and not impersonate another user or provide false identity information to gain access to or use Datapad.
Company grants you a non-exclusive, non-transferable, worldwide right to use the Services, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Datapad and its licensors.
You shall not: (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Datapad or the content in any way; (2) modify or make derivative works based upon Datapad or the content; (3) create Internet “links” to Datapad or “frame” or “mirror” any content on any other server or wireless or Internet-based device; (4) or reverse engineer or access Datapad in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Datapad, or (c) copy any ideas, features, functions or graphics of Datapad.
You may use Datapad only for your internal business purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (5) attempt to gain unauthorised access to the Service or its related systems or networks.
You are solely responsible for properly canceling your account by contacting us at email@example.com.
Datapad, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all User Content in your account. Datapad reserves the right to refuse service to anyone for any reason at any time.
Third party content may appear on the Website or may be accessible via links. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through Datapad, and in no event shall Company or its licensors be responsible for any content, products, or other materials on or available from such sites. We provide Datapad to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
You agree to indemnify and hold Company, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) a claim alleging that use of the customer data infringes the rights of, or has caused harm to, a third party; (2) a claim, which if true, would constitute a violation by you of your representations and warranties; or (3) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Company of all liability and such settlement does not affect company’s business or service); (c) provides to you all available information and assistance; (d) and has not compromised or settled such claim.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Company represents and warrants that it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof under normal use and circumstances.
You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
Company and its licensors make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Company and its licensors do not represent or warrant that: (1) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON ”AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS.
The Services may be subjected to limitations, delays and other problems inherent in the use of the internet and electronic communications. DATAPAD IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors or omissions from Datapad, (b) the unavailability or interruption of Datapad or any features thereof, (c) your use of Datapad, (d) the content contained on Datapad, or (e) any delay or failure in performance beyond our control.
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to Datapad at any time, effective upon posting of an updated version of this Agreement on the Website. You are responsible for regularly reviewing this Agreement. Continued use of Datapad after any such changes shall constitute your consent to such changes. Our Terms will be kept up to date at datapad.io/terms-of-service.
This Agreement may not be assigned by you without the prior written approval of Company but may be assigned without your consent by Company to (a) a parent or subsidiary, (b) an acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
These Terms of Service are governed by Massachusetts law, where Datapad is located. No text or information set forth on any other purchase order, pre-printed form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Datapad.
The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
This Agreement, together with any applicable Invoices, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Datapad offers a subscription-based service, which includes a 14-day trial period ("Trial Period") without requiring users to enter payment information. During the Trial Period, you will have full access to Datapad's Services. If you wish to continue using our Services after the Trial Period, you will be required to subscribe to a paid plan.
When you subscribe to a paid plan, you agree to pay the applicable fees as outlined on our pricing page. Payments will be charged on a monthly basis in advance, starting at the end of the Trial Period. You must provide valid and up-to-date payment information. If your payment information changes, you must update it promptly. If you fail to pay any fees, we may suspend or terminate your access to the Services.
You can cancel your subscription at any time. To cancel, an administrator can visit the workspace settings page or contact us at firstname.lastname@example.org.
Upon cancellation, you will continue to have access to the Services until the end of the current billing cycle. After that, your access will be terminated. Datapad reserves the right to suspend or terminate your subscription and access to the Services for violation of this Agreement or non-payment. Datapad does not provide refunds for partial months of service or for unused portions of your subscription.
Datapad reserves the right to modify the subscription terms and pricing at any time. Any changes will be communicated to you in advance, and you will have the option to accept the new terms or cancel your subscription.
Datapad uses Stripe as its third-party payment processor. By subscribing to our Services, you also agree to Stripe's terms and conditions.
If we need to notify users about changes to the Subscription Terms, we may do so through email or by posting a notice on our Website.
By using our Website and/or Services, you are agreeing to comply and be bound by all terms and conditions herein, including the Subscription Terms. Please review these Terms carefully. If you do not agree, you should not use the Website or Services. We reserve the right to update or revise these Terms without notice. Please check these Terms periodically for changes. Your continued use of our Website or Services following the posting of any changes constitutes acceptance of those changes.
If you have any questions or comments about Terms, please contact us by email: email@example.com