Website Terms of Service
Version Date: August 27, 2021
These Website Terms of Service (“Website Terms of Service”) are entered into between Dataiku SAS and its affiliates (together, “Dataiku”) and any entity or person who agrees to them as set forth below (“You”). The Website Terms of Service explain the terms by which you may access and use Dataiku’s website and any other Dataiku services that incorporate these Website Terms of Service by reference (together, the “Website”).
PLEASE READ THESE WEBSITE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE WEBSITE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU DO NOT AGREE TO THESE WEBSITE TERMS OF SERVICE, YOU MAY NOT USE THE WEBSITE.
The Website and all of the content, except for your Data (as defined below), that is contained therein or transferred thereby, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, subdomains, code, patents and/or any other form of intellectual property (together, the “Dataiku Content”), is the exclusive property of Dataiku and its licensors. Except as explicitly provided herein, nothing in these Website Terms of Service shall be deemed to create a right or license in or under any patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction (together, the “Intellectual Property Rights”), and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dataiku Content. Use of the Dataiku Content for any purpose not expressly permitted by these Website Terms of Service is strictly prohibited.
Subject to the terms and conditions of these Website Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to access and use the Website as permitted by the features of the Website. Dataiku reserves all rights not expressly granted herein in the Website and the Dataiku Content (as defined above). Dataiku may terminate this grant of rights at any time for any reason or no reason.
Restrictions on Use
While using the Website, you will comply with all applicable laws, rules and regulations. Your use of the Website is conditioned on your compliance with the restrictions listed below. Any failure to comply may result in termination of your access to the Website, at Dataiku’s sole discretion. In using the Website, you agree that you will not, and will not allow or authorize any third party to:
- Input, distribute, upload, post, email, transmit or otherwise make available any content through the Website that:
- is illegal, fraudulent, deceptive, invasive of another’s privacy, tortious or unauthorized by these Website Terms of Service;
- is promotional in nature, without the prior written consent of Dataiku, or constitutes spam, pyramid schemes or the like;
- is offensive, vulgar, harassing, threatening, discriminatory, racist, hateful or otherwise harmful, against any individual or group;
- infringes any Intellectual Property Rights of Dataiku or any third party;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
- constitutes the personally identifiable information of any third party that you do not have adequate rights to input, distribute, upload, post, email, transmit or otherwise make available via the Website; or
- you do not have the right to under any law or contractual or fiduciary relationship.
- Except as expressly permitted by Dataiku in writing, copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, upload, edit, post, frame, link or in any way exploit any part of the Website.
- Recirculate, redistribute or publish the content included in the Website without Dataiku’s prior written consent. If Dataiku makes any third party platform’s sharing functionality available via the Website, You may use the “share” functionality solely to inform others about a Dataiku blog post, and you will abide by all terms and conditions applicable to the third party platform on which the blog post is shared.
- Use any of the trademarks, trade names, service marks, copyrights or logos of Dataiku in any manner that creates the impression such items belong to or are associated with you or are used with Dataiku’s consent.
- Either obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website.
- Interfere with or attempt to interfere with or otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to the Website.
- Violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking or any other means.
- Either take or attempt any action that, in the sole discretion of Dataiku, imposes or may impose an unreasonable burden on the Website or the infrastructure of the Website, or otherwise abuse the Website.
- Use any software, device or any other process to “scrape” or download data from the Site.
Registration and Account Creation
To register to use the Website, you may be required to provide Dataiku with the information requested in the registration process, including your name and email address. As part of the account creation process necessary to obtain access to certain portions of the Website, you will provide Dataiku with accurate, truthful, complete and updated registration information. You are responsible for all activities that occur under your account on the Website (“User Account”), and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. Dataiku is not responsible for unauthorized access to your User Account, and will not be liable for any losses caused by any unauthorized use of your User Account. You will contact Dataiku immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may never use another user’s User Account without permission.
You accept Dataiku’s right to change the content or technical specifications of any aspect of the Website at any time at Dataiku’s sole discretion. Dataiku will notify you of any material change to or discontinuation of the Website by email or via Dataiku’s website.
You acknowledge and agree that Dataiku has no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion, feedback or idea. You hereby grant Dataiku a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise commercially exploit any suggestion, feedback or ideas you submit to Dataiku.
Your Authority to Agree to these Website Terms of Service
Your represent, warrant and covenant that (i) you have read, understand and agree to these Website Terms of Service, (ii) are of legal age to form a binding contract with Dataiku and (iii) if you are using the Website as an employee, contractor or agent of a company, then you have the authority to bind the company to the acceptance of these Website Terms of Service. Any use of or access to the Website by anyone under 13 is strictly prohibited and in violation of these Website Terms of Service. The Website is not available to any users previously removed from the Website by Dataiku.
Export Control Regulations
Dataiku does not represent that materials in the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with all applicable laws. By using the Website, you represent, warrant and covenant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions or (b) on any U.S. government denied-party list or acting on behalf of any person or entity on any such list.
No Professional Advice
If the Website provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Website. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Third-Party Links and Integrations
Disclaimer and Limitation of Liability
DATAIKU SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (i) THE WEBSITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND BY DATAIKU; (ii) WITHOUT LIMITATION, DATAIKU DOES NOT MAKE ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, UPTIME, OR UNINTERRUPTABILITY, OF THE WEBSITE; AND (iii) DATAIKU IS NOT RESPONSIBLE FOR RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR FOR CONCLUSIONS DRAWN FROM SUCH USE. DATAIKU HAS NO RESPONSIBILITY FOR LOSS OF DATA OR USE OF WEBSITE FOR ANY REASON DUE TO THE ACTS OR OMISSIONS OF ITS THIRD PARTY HOSTING OR OTHER PROVIDERS.
TO THE EXTENT PERMITTED BY LAW, NEITHER DATAIKU, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF DATAIKU WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR THESE WEBSITE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST DATAIKU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DATAIKU SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) AND OR (B) THE FEES THAT YOU HAVE ACTUALLY PAID TO DATAIKU FOR THE FOR THE RELEVANT SERVICES WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
TO THE EXTENT DATAIKU’S LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGE CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, NOTHING IN THESE WEBSITE TERMS OF SERVICE EXCLUDES OR LIMITS DATAIKU’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY DATAIKU’S NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LOSS OR DAMAGE IN RESPECT OF WHICH SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.
You agree to defend, indemnify and hold harmless Dataiku and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Website Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) Data or any other content that is submitted via your User Account, including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
Changes to the Website; Termination
We may, without prior notice, change the Website; stop providing certain features of the Website, to you or to users generally; or create usage limits for the Website. We may terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of these Website Terms of Service, or for no reason. Without limiting other available remedies included in these Website Terms of Service or otherwise, Dataiku may terminate or suspend your access to the Website if you are in non-compliance with these Website Terms of Service.
These Website Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dataiku without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
All legal notices given by you to Dataiku must be submitted to [email protected]. Dataiku may give notice to you at either the e-mail or postal address you provide to Dataiku, or any other way that Dataiku deems appropriate. Notice will be deemed received and properly served immediately when posted on the Website or 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
These Website Terms of Service will be governed and interpreted in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles.
Waiver of Jury Trial and Arbitration
YOU AGREE THAT BY ENTERING INTO THESE WEBSITE TERMS OF SERVICE, YOU AND DATAIKU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Any and all disputes between you and Dataiku arising under or related in any way to these Website Terms of Service must be resolved through binding arbitration. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association, and any hearings must take place in New York, New York. In the event these Website Terms of Service to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York, New York.
California Residents. The provider of the Website is Dataiku, 902 Broadway, New York, NY 10010, (646) 568-7477. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Third party rights
Other than as expressly stated in these Website Terms of Service, a person who is not a party to these Website Terms of Service may not enforce any of its terms.
Miscellaneous (Severability, Entire Agreement, and Amendment)
If any of the terms and conditions hereunder is found invalid or unenforceable, such term or condition will be enforced to the maximum extent permissible, and all other terms and conditions will remain in full force and effect. The failure of Dataiku to exercise or enforce any right or terms and conditions hereunder shall not constitute a waiver thereof. Those terms and conditions that by their nature are intended to survive termination of these Website Terms of Service shall so survive.
These Website Terms of Service and any other terms and conditions of service on the Site, and its successor, constitute the entire agreement between you and Dataiku, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.
Dataiku may, in its sole discretion, modify or update these Website Terms of Service from time to time, and so you should review this page periodically. When we change the Website Terms of Service in a material manner, we will update the “Version Date” at the top of this page and notify you that material changes have been made to the Website Terms of Service. Your continued use of the Service after any such change constitutes your acceptance of the new Website Terms of Service. If you do not agree to any of these terms or any future Website Terms of Service, do not use or access (or continue to access) the Website. Except as otherwise provided in this paragraph, these Website Terms of Service may not be amended, nor any obligation waived, without Dataiku’s express written authorization.
You agree to report any violation of these Website Terms of Service by others that you become aware of by contacting us at: [email protected]