These Terms of Use (“Terms”) govern the creation and provision of publications, analyses and advice (“Services”) by Data+LawGmbH and its Affiliates (“Data+Law” or “us”) to our customers (“Customer” or “you”, together “Parties” and each of them, “Party)) via our website (www.datapluslaw.com), via email and through any other means.
By accessing our website or using our Services, you agree to be bound by theseTerms. Hereinafter, Data+Law and Customer shall be referred to separately as a“Party” and collectively as the “Parties”.
“Affiliates”means any entity that directly or indirectly controls, is controlled by, is under common control with or is otherwise in the same group of entities as the Party.
“Confidential Information” means all non-public information disclosed by a Party to the other Party on or before the EffectiveDate and thereafter which is of a confidential nature or which should reasonably in good faith be treated as confidential or proprietary based on the nature of the information or the circumstance surrounding its disclosure. Without limiting the generality of the foregoing, the term “Confidential Information”shall include all data or information submitted on behalf of the Customer into and for use in the Services. Confidential Information does not include information which is: (i) generally known or publicly available, or which, hereafter through no act or failure to act on the part of recipient, becomes generally known or available; (ii) rightfully known to recipient at the time of receiving such information; or (iii) independently developed by recipient without having relied on the Confidential Information of the disclosing Party.
“Permitted Receiver” means an entity’s Affiliates and its or its Affiliates’ officers, employees, members, representatives, professional advisors, agents and subcontractors.
The Services, including all intellectual property rights pertaining to it, are owned by Data+Law. Nothing in these Terms transfers ownership of the Services to you or your Permitted Receivers.
We grant you and your Permitted Receivers a limited, non-exclusive, non-transferable, revocable license to access and use ourServices for commercial purposes from the date of your first purchase of ourServices. You may not modify, reproduce, distribute or create derivative works based on our Services without our express written consent.
Unless otherwise agreed by you in writing, Data+Law shall (a) only use the Confidential Information for the provision of theServices, (b) keep the Confidential Information secure and confidential and only disclose it as allowed by these Terms, (c) promptly notify you if it becomes aware of a breach of these confidentiality provisions, and (d) within thirty calendar days of your request, take reasonable steps to destroy or erase any Confidential Information it holds.
You agree to pay the fees for the Services within the time frame as set forth in our invoices.
For Services purchased by the Customer, Data+Law warrants that the Services will be performed in a professional and workman like manner. If the Services do not perform as warranted, the sole and exclusive remedy of the Customer is to request Data+Law to re-perform the relevant Service.
The maximum aggregate liability of Data+Law arising out of or related to these Terms and all relevant order forms relating toServices (if any), whether in contract, tort or any other theory of liability, shall not exceed in aggregate the total payments made by you to Data+Law in the three months preceding the first claim made under these Terms. The foregoing shall not limit your payment obligations under these Terms.
Services provided for free or during a trial are provided on an “as is” basis with no express or implied warranty and Data+Law shall have no indemnification obligations, nor any liability of any type, unless such exclusion of liability is unenforceable under applicable law, in which case, Data+Law’s total aggregate liability is limited to US$1,000.
Either Party may terminate these Terms at anytime by giving one month written notice to the other Party. Upon termination, your license to access and use the Services shall immediately terminate.
These Terms shall be governed by and interpreted in accordance with the laws of England and Wales without reference to their respective conflicts of law provisions. Both parties hereby irrevocably consent to the personal and exclusive jurisdiction of the courts of competent jurisdiction located in or having jurisdiction over England and Wales.
We reserve the right to modify these Terms at any time. Your continued use of our Services after any changes to these Terms constitutes your acceptance of the new Terms.
If you have any questions regarding these Terms, please contact us at [email protected]