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.
Datasmoothie is a cloud-based platform and web application, owned and run by Snailbyte Ltd, that runs statistical calculations on raw data and helps users publish numerical data as dashboards and reports. Your access to and use of Datasmoothie ("the Platform") is subject exclusively to these Terms and Conditions. You will not use the Platform for any purpose that is unlawful or prohibited by these Terms and Conditions.
Datasmoothie backs up all client data and stores them on AWS servers that are located in a physically different location than the servers used to run the Platform, i.e. for clients running on the Ireland Amazon region backups are stored in the Frankfurt region and vice versa. Backups are done every 24 hours unless otherwise stipulated in an agreement between the client and owner of the Platform.
If a client wishes to cease using Datasmoothie they can retreive all the data stored on their behalf on the platform. The Platform owners must be informed of this intention within 30 days of the contract being ended. The data will be sent to the client on the same form as it is stored on Datasmoothie, as a series of JSON documents. All data, aggregations and commentary can be retreived from such data. The data will be in the client's hands no less than 30 days after they sever the contract. Data retreival on leaving Datasmoothie is free of charge.
Usage of Datasmoothie is subject to a license fee. The license fee is according to agreement between the owners of the Platform and the client. The fee is paid up-front on an annual or quarterly basis.
The license fee includes all hosting and storage fees and there is no limit to the amount of data that can be stored with Datasmoothie, as long as the data being stored directly relates to the function Datasmoothie provides. Included is all data in both raw and aggregated form and images uploaded to accompany reports and dashboards. Uploading multiple high resolution videos might mean that the license fee will be re-negotiated.
There are two types of user accounts that are priced differently in the license fee, the Editor and Consumer. An editor can create reports and upload data sources while the consumer only has "read" access on the account.
We reserve the right to change the license fee but only with a three months notice. Any license fee that has already been paid will never increase.
The contents of the Platform do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Datasmoothie is under constant development. We reserve the right to launch improvements to the service without prior notification and your continued use of the Platform following such changes will be deemed as your acceptance of such a change.
The Platform may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Platform.
We make no warranty that the functionality of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Websiste owners for death or personal injury as a result of the negligence of ours.
You agree to indemnify and hold the Platform owners harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Platform.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
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