Terms of Service

 

These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (hereinafter referred as “DataMyth Services”).

The DataMyth Services are offered to you subject to your absolute acceptance of all the terms and conditions contained herein including all other operating rules, policies, Guidelines (as defined below) subjected to future modifications and procedures that may be published from time to time on the Platform or made available to you on or through the DataMyth Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.

Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the DataMyth Services to anyone who violates these Terms.

If you register for a free trial of the DataMyth Services, the applicable provisions of these Terms will govern that free trial.

 

Definitions

“Account” means the manner in which to access and use the DataMyth Services; “Content” means any data and information available through the DataMyth Services or contained within the structure of the Platform or Site; “DataMyth” a company registered under the laws of United States and having its registered address at 651 N Broad St, Suite 206, Middletown, DE 19709.

“DataMyth Services” also called “Service” means the Web Site, System, Content, Platform, and all content, services, and/or products available on or through the Platform;

“Fee” means the regular payment for using the activated Account; “Free Trial” means the temporary access for the purposes of trying out the Site and Platform in accordance with any selected Plan without paying a Fee; “Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, organization, compilation of content, data, and all other elements of the DataMyth Services; “User” means a user of DataMyth;

“User Data” means personal data, reports, analytics, and addresses, that a User of the Service stores within or connects to the Service; “User’s Client Data” means personal data, reports, and addresses, pertaining to a User’s Client that a User of the Service connects to within the Service (ie. when a User connects his/her Client’s Integration account to the User’s DataMyth account);

“Personal Data” means any information relating to an identified or identifiable natural person;

“Plan” means the various criteria related to the use and functionality of the DataMyth Services on which the Fee is based;

“Platform” means the area of the Service that can be accessed only by Users, and where access requires logging in;

“Supplier” means DataMyth., a corporation having its principal place of business at 651 N Broad Street, Suite 206, Middletown, DE 19709.

“Visitor” means an individual other than a User, who uses the public area, but has no access to the Platform;

“Web Site” means the compilation of all web documents (including images, php and html files) made available via https://www.datamyth.com or its sub domains or domains with identical names under other top domains owned by Supplier.

 

Authority to Enter into Terms with Supplier:

The use of the DataMyth Services is subjected to absolute acceptance of these Terms. To accept these Terms for itself, a person must have the legal capacity to do so. In the case of an individual, (s)he/it must be 13 years of age to use this Service. For citizens of the European Union, the minimum age to use this service is 16. In the case of a legal entity, the entity must be duly incorporated and in good standing.

The Terms are accepted as soon as one of the following occurs first:

  1. the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account; or
  2. for those DataMyth Services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.

 

Modifications to Terms:

Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the DataMyth Services. Please check these Terms periodically for changes. Your continued use of the DataMyth Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of:

  • your continued use of the DataMyth Services; or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.

 

Our Responsibilities:

Supplier will:

  1. make the DataMyth Services and User Data and User’s Client Data available to a User pursuant to these Terms;
  2. provide applicable standard support for the DataMyth Services to User at no additional charge;
  3. use commercially reasonable efforts to make the DataMyth Services available 24 hours a day, 7 days a week, except for:
    1. planned downtime (of which Supplier shall give advance electronic notice); and
    2. any unavailability caused for reasons or circumstances that are beyond the Supplier’s control, including but not limited to Force Majeure, any act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider’s failure or delay, or denial of service attack and on account of any legal proceedings or changes in applicable law.

 

Using the DataMyth Services:

Establishing an Account.

Many features, functions, or elements of the DataMyth Services can be used only by holders of an Account. The person who wishes to create an Account must:

  1. complete the sign-up form on the Web Site;
  2. accept these Terms; and
  3. click “Start Your Free Trial Now”.

A User may be associated with multiple Accounts. Deleting a User from one Account will not remove the User from the Platform if User is connected to multiple Accounts.

Any User associated with an Account must provide Supplier with true, accurate, current, and complete information about the User and Account and keep it up to date. The User hereby indemnify DataMyth from all losses or consequential losses or claims or other legal proceedings or recoveries on account of provision of inaccurate, false, fraudulent information about the User including but not limited to the information that are not pertaining to the User and accordingly, the corresponding User shall be solely liable for all losses or consequential losses or claims or other legal proceedings or recoveries etc.

 

Fees

The use of an Account is subject to a Fee. Upon sign-up for an Account, the User must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the User did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, User elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan. If, after signing up, User elects to downgrade to a less expensive Plan, no refund of the earlier paid Fee shall be provided.

 

Changing Plans

Subjected to Clause 4.2 above, any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Supplier. In such an event, the Client’s credit card on file with the Supplier will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.

 

Free Trial

A new User may be entitled to a Free Trial of a duration of 7 days, if the parties have not agreed otherwise. The User is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the User is required to select a suitable Plan and pay the first Fee.

 

Termination of Account

User may terminate his/her/its Account at any time. There are two definitions of Account termination available:

  1. Account Cancellation is available in the “Your Account > Plan & Billing” section of the Platform. Once cancellation is confirmed by Supplier, Cancellation will come into effect at the beginning of the next payment cycle, as stipulated in User’s Plan. It is important to note that an Account Cancellation does not remove all data from Supplier servers.
  2. Account Deletion is available by contacting Supplier at info@datamyth.com. Upon Account Deletion confirmation, all User Data and User’s Client Data will be permanently deleted from the Service within 30 days of the effective date of termination. This information cannot be recovered.

DataMyth may terminate the account of the User on account of:

  1. Provision of Incorrect, false or fraudulent data.
  2. Acts leading to fraud, misrepresentation, willful misconduct, impersonation including provision of information that are not pertaining to the User.
  3. Applicable Law or court order or other legal proceedings contributing to termination.
  4. Suspicious activities of User including activities leading to or attempting to perform Cyber crimes under the applicable law.
  5. Breach of the Terms or other Policies agreed or construed to be agreed or implied to be agreed by the User.

In case of termination by DataMyth for above reasons, DataMyth shall not be liable to refund any Fee or its part. DataMyth shall also be not liable towards any compensation of whatsoever in nature for termination of User’s account for the above reasons.

 

Payment

A valid credit card is required for paying Account Fees. User on its free will hereby unequivocally agrees and confers its right and agreement to DataMyth for levying the Fee as per the Plan selected by the User.

Intellectual Property Rights

DataMyth’ Intellectual Property Rights in the DataMyth Services

The DataMyth Services, Materials, DataMyth brand name and product name, and any parts or elements thereof are solely and exclusively owned and operated by Supplier. Materials are protected by copyright and patent laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws as per the applicable law. Supplier, its affiliates and licensors retain all rights, title and interest in such DataMyth Services, Materials, DataMyth brand name and product name, and any parts or elements. Your use of the DataMyth Services and Materials, and any parts or elements does not grant to you any ownership rights or intellectual property rights therein. Supplier reserves all its rights to the DataMyth Services, Materials and DataMyth brand name and product name not expressly granted in the Terms.

 

User Data

  1. Supplier may use User Data in an aggregated or anonymized format for research, educational and other similar purposes. Supplier may not otherwise use or display User Data without User’s written consent. Supplier respects your right to exclusive ownership of your User Data. Unless specifically permitted by you, your use of the DataMyth Services does not grant Supplier the license to use, reproduce, adapt, modify, publish or distribute the User Data created by you or stored in your Account for Supplier’s commercial, marketing or any similar purpose. User expressly grants Supplier the right to use and analyze aggregate system activity data associated with use of the DataMyth Services by User for the purposes of optimizing, improving or enhancing the way the DataMyth Services operate, and to create new features and functionality in connection with the DataMyth Services in the sole discretion of Supplier.
  2. User is solely responsible for its own User Data and User’s Client Data and the consequences of including them on or through the DataMyth Service. In connection with User’s Client Data, User affirms, represents, and warrants that User either owns its User’s Client Data or has the necessary licenses, rights, consents, and permissions to use and authorize the Suppliers to display or otherwise use the User’s Client Data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your User’s Client Data in a manner consistent with the intended features of the DataMyth Services and these Terms.

Governing law and jurisdiction

User at its free will agrees that these Terms shall be governed by the laws of United States. The courts of United States shall have exclusive and sole jurisdiction over any issues or any claim(s) or lawsuit(s) resulting from any reason whatsoever in relation with these Terms or the DataMyth Services or DataMyth’s Policies or DataMyth.

 

Disclaimers

Unless otherwise expressly stated by Supplier, the DataMyth Services, material, and any content, services, or features made available in conjunction with or through the DataMyth services are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Supplier and its affiliates disclaim all warranties, statutory, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.