PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SERVICES.
This Terms of Service Agreement ("Agreement") is a legally binding contract entered into between you, your employees and agents (collectively "Customer") and DataStream ("We", "Us", or "Our").
Definition of Parties and Services
We are DataStream, a data service provider maintaining this website and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images, and other materials and services found on the Site (collectively 'Content') for the use of our customers and members of the general public. You are the Customer, the user of our Services.
Product Delivery
DataStream agrees to deliver the product with all features as detailed in the proposal. We aim to adhere to the proposed timeline for delivery, but we acknowledge that each project has its unique requirements and unforeseen circumstances may arise. In the event of a delay, we will communicate promptly and work diligently to meet the new timelines. Please note that the delivery dates specified in the proposal are estimates and not legally binding.
Software and Libraries
DataStream's product is developed using publicly accessible Python libraries. However, these libraries are maintained by third-party developers, and DataStream does not control or influence the updates or modifications to these libraries. As such, any changes, updates, or discontinuation of these libraries are beyond our control and may impact the functionality of your product. While we strive to adapt our product to these changes, we are not legally obligated to modify your product in response to these changes.
Use of Resources
DataStream uses resources that are mostly free to access. DataStream is not responsible if a developer changes a product's features to profit from it, and DataStream is not obligated to cover the costs associated with the resource. DataStream is not responsible for modifying the client application to work with some other free resource.
Termination of Contract
This contract may be terminated by either party at any time. If either party wishes to terminate this contract, written notice should be provided to the other party. Upon termination, all ongoing work will cease, and the customer will be responsible for payment of services rendered up to the date of termination. No further economic or other penalties will apply to either party upon termination.
Feature Development
DataStream is not responsible for developing features for the app or the resources associated with it if they were not clearly detailed in the proposal.
Modifications to the Agreement
DataStream reserves the right to change or modify the terms and conditions of this Agreement at its discretion. In the event of any significant changes, we will provide you with reasonable advance notice via the email address associated with your account or through notifications on our website. We encourage you to review these Terms of Service periodically to stay informed about any changes.
Intellectual Property
The Content, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, are owned by or licensed to DataStream. Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which DataStream operates, without regard to its conflict of laws rules.
Dispute Resolution
Any disputes arising from or relating to these terms or any related services will be resolved through negotiation, mediation, and finally, through arbitration, before resorting to court proceedings.
Warranty Disclaimer
While we strive to provide accurate, reliable services, we offer our services without warranties unless explicitly stated otherwise. To the extent allowed by applicable law, we provide our services "as is" without any express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
DataStream provides its services and products "as is" and without any express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. While we strive to provide accurate, reliable services, we do not guarantee that our services or products will be error-free or uninterrupted.
To the extent allowed by applicable law, DataStream is only liable for direct damages caused by its breaches of these terms. DataStream is not liable for indirect losses such as loss of profits, revenues, business opportunities, goodwill, or anticipated savings; consequential losses; or punitive damages. Our total liability arising out of or relating to these terms or the use of our products or services is limited to the fees paid for the relevant services in the 12 months before the dispute.
By using our services or products, you understand and agree that DataStream is not responsible for any damages or losses you may incur as a result of using our product or services, beyond what is explicitly stated in this agreement.
Termination of Access
DataStream reserves the right to suspend or terminate your access to the services if you materially or repeatedly breach these terms or if your conduct causes harm or liability to a user, third party, or DataStream.
Data Privacy
DataStream is committed to respecting the privacy of its users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the service, you signify your agreement to this Privacy Policy.
Contact Information
If you have any questions about these Terms of Service, please contact us at Contact Us.