Terms and conditions

By using Datasmoothie you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using Datasmoothie.

Terms of Use

Datasmoothie is a cloud-based platform and web application, owned and run by Datasmoothie Ltd, that runs data processing algorithms and statistical calculations on data and helps users publish numerical data as dashboards and reports.

Please read these Terms of Use ("Terms", "Terms of Use", "Terms of Service") carefully before using the Datasmoothie.com website, platform or API (the "Service") operated by Datasmoothie Ltd. ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Data protection

Datasmoothie is only available via HTTPS, so all communications with the service are encrypted. Passwords are stored encrypted and users can also opt to use their own OAUTH service to manage access to the Service, such as MS Exchange. This allows users to manage user access themselves. It is also possible to apply IP filtering to limit access to individual reports and dashboards if only certain IP addresses are allowed access.

Datasmoothie's servers are hosted with Microsoft Azure and can also be set up on your own cloud infrastructure. These include Google Cloud and Amazon AWS.

Datasmoothie's servers are always kept up to date with the latest security releases and patches. Full backups of the Service's databases are made weekly and differential backups are made twice a day. This allows the database to be restored to any point in time, within your backup retention period, which is seven days by default. All backups are encrypted using AES 256-bit encryption.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you selected. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Datasmoothie Ltd. cancels it. You may cancel your Subscription renewal through your account manager. Monthly cancellations must be made one month prior to renewal and cancellations of annual subscriptions must be made three months in advance.

Free Trial

Datasmoothie Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited time ("Free Trial"). If you do enter your billing information when signing up for the Free Trial, you will not be charged by Datasmoothie Ltd. until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Datasmoothie Ltd. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Datasmoothie Ltd., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Datasmoothie Ltd. will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Datasmoothie Ltd. on a case-by-case basis and granted in the sole discretion of Datasmoothie Ltd.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, data or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the content you create. Datasmoothie Ltd. has the right but not the obligation to monitor and edit all Content provided by users.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Datasmoothie Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Datasmoothie Ltd.

Indemnification

You agree to defend, indemnify and hold harmless Datasmoothie Ltd. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms or c) Content posted on the Service.

Limitation Of Liability

In no event shall Datasmoothie Ltd., nor its directors, employees, partners, agents, suppliers, subsidiaries, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Datasmoothie Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed following the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 15 days' notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@datasmoothie.com

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Get in touch: info@datasmoothie.io