Introduction
By using the DataWare.io website and application, or any other services (collectively, ‘Services’), of DataWare Solution LLP, whose principal place of business is 1005, Pearls Best Heights - II, Netaji Subhash Place, Pitampura - 110034, Delhi, India (‘DataWare’), you are agreeing to be bound by the following terms and conditions (‘Terms of Service’).
DataWare reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Account Terms
To create an account, you must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. DataWare cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. DataWare warrants to maintain data belonging to your account in strictest confidentiality.
By providing DataWare with your account information for Google or (other) Shopping Engines, you understand that DataWare may get access to all data in those accounts. DataWare may use this information to operate its Service, provide statistics to you or include this data in public, aggregated reports about the performance and activities of all DataWare customers. Under no circumstances will DataWare ever share, disclose, sell, or permit access to your individual data to external parties.
You are responsible for all activity that occurs under your account, also when that activity is performed by others who have access to your account or who have accounts under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for a DataWare account.
You will be billed monthly starting on the first day after your free trial. If you cancel your account within the free trial period, you will not be billed at all. You will be charged the fixed monthly fee of the plan that you selected plus, if applicable, a variable fee for the number of products, frequency of daily processing, channels or feeds that exceeds the limits of your plan.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
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 India (central or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Cancelling or downgrading your Service may cause the loss of DataWare-created changes, features, or capacity of your Account. DataWare does not accept any liability for such loss.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple cancellation link.
Upon cancellation, DataWare will delete all product data that you submitted (source feeds) and all feeds that you created for various channels. If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again.
DataWare, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all DataWare – created changes in your Account. DataWare reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
The current prices of the DataWare services are listed on the Pricing page on the DataWare website. Prices are a mix of fixed and variable costs. Variable elements may include charges for extra shops, extra channels, additional process frequency or extra products. The number of products that your monthly cost is based on, is the number of products in your SOURCE feed; this is the number of products (INCLUDING VARIANTS) that is downloaded from your store. You can verify this number by going to Options > Show products in your DataWare account. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the DataWare Site (DataWare.io) or the Service itself. DataWare shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
DataWare claims no intellectual property rights over the data you provide to the Service. Your profile and data imported remain yours.
The content of the DataWare.io website and the look and feel of the Service is Copyright©2019 DataWare Solution LLP. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without the expressed written permission from DataWare.
Confidentiality and Non-Disclosure
In order to provide our services, DataWare will have access to some of your Confidential Information, about products, prices, performance data from Google Analytics and other sources and other information that is not generally known or should be reasonably understood to be confidential or proprietary.
DataWare shall use the Confidential Information only to provide its services; we will keep it confidential as our own and we will not disclose it to any third party or non-employee. DataWare-employees do have access to the Confidential Information on a need-to-know basis and they are aware of the confidential nature of the information and bound to confidentiality by contract.
When you cancel our services, or at any time at your request, we shall immediately remove all Confidential Information from our servers and any other media.
This clause about Confidentiality and Non-Disclosure will continue for at least 5 years after the cancelation of the services.
General Conditions
Your use of the DataWare Service is at your sole risk. The Service is provided on an ‘as is’ and ‘as available’ basis.
Technical support is only provided to account holders and may only be available via email depending on the time of day and/or the plan.
You understand that DataWare uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Your content may be transmitted, possibly unencrypted, over various networks.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, DataWare, or any other DataWare service.
DataWare does not sign up for any Shopping channel – you must create your own accounts. DataWare is not responsible for any cost that you incur on a shopping channel. DataWare does not guarantee any position or placement on any Shopping channel. DataWare does not guarantee that any categorization by DataWare or by you, will get your products submitted in the proper categories of the shopping channels that you select.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DataWare.
DataWare does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
DATAWARE WILL NOT BE LIABLE FOR ANY LOSS OF REVENUE, PROFITS, DATA, GOODS OR TECHNOLOGY, NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES NOR FOR INTERRUPTION OF BUSINESS, EVEN IF DataWare IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY MATTER, WHETHER UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN ANY EVENT, DATRAWARE’ MAXIMUM LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO DATAWARE FOR THE SERVICE DURING THE PRIOR TWELVE (12) MONTH PERIOD.
You agree to indemnify DataWare and its personnel, directors, officers, agents, shareholders and representatives from any loss, liability, damages or expense resulting from any third party claim.
The failure of DataWare to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DataWare and govern your use of the Service, superseding any prior agreements between you and DataWare (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to info@dataware.io.
