Terms of Service

Last updated May 9, 2022.

Acceptance of Terms

Datalix Inc is the creator and provider of the Datalix website (Datalix.com) and Datalix application. Throughout the website and application, the terms “we”, “us” and “our” refer to Datalix Inc.

By accessing our website or application (collectively, “Services”), you are agreeing to be bound by these Terms of Service, all applicable international, national, and local laws and regulations, affirm that you are over the age of 18 and agree that you are responsible for compliance. If you are entering into these Terms of Service on behalf of a business or other legal entity, you represent that you have the authority to bind the entity and its affiliates to these Terms of Service, in which case the terms “you”, “your” or “customer” shall refer to the entity and its affiliates. If you do not have such authority, or if you do not agree with any of these terms, you are prohibited from using or accessing our Services. You acknowledge that these Terms of Service forms a binding contract between you and Datalix, even though it is electronic and is not physically signed, and that it governs without limitation your use of and access to the Services.

We reserve the right to update, change, or replace any part of these Terms of Service at any time. It is your responsibility to check our Terms of Service periodically for changes. You can review the most current version of our Terms of Service at any time at: https:// datalix.com/terms. Your continued use of our Services following a change to the Terms of Service constitute acceptance of those changes.

Use of our Services

In consideration of your use of our Services, you represent and warrant that:

  1. You are of legal age to form a binding contract.
  2. Your use of our Services does not violate any applicable law or regulation.
  3. Customer shall not access or use the Services for any purpose except the business-to-business sales, marketing, or business development activities of Customer.
  4. You are a human. Accounts registered by “bots” or other automated or programmatic methods are not permitted.
  5. You are responsible for maintaining the security of your account and password.
  6. You will not attempt to gain unauthorized access to any of our Service or its related systems or networks.
  7. You will not modify, copy, or create any derivative work based upon our Services or any portion, feature, or function of our Services.
  8. You will provide and maintain a valid email address in your account profile as we may utilize email to notify you of updates or changes to our Services.
  9. You understand that we cannot guarantee that our Services will not experience any interruptions, disruptions, or downtime. Services may not be accessible at certain times due to scheduled or unscheduled maintenance.
  10. You will agree and abide by these Terms of Service regardless of whether you are on a free trial of our Services or on a paid subscription plan (“subscription”).
  11. You understand that we reserve the right to modify, suspend or withdraw the whole or any part of our Services or any of its content at any time without notice and without incurring any liability.
  12. Datalix reserves the right to use your name or logo as a reference for marketing or promotional purposes on Datalix’s website and in other communication with existing or potential Datalix customers.
  13. We reserve the right to reject, suspend, or cancel any account.
  14. You understand that any claim relating to our web site shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.

Subscriptions

  1. If you select a Subscription through the self-service process on the Site you will be required to provide Datalix information regarding your credit card or other payment instrument. You represent and warrant to Datalix that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. We assume no responsibility or liability if your access to the Subscription fails to renew or otherwise expires because of outdated or incorrect payment information. You hereby authorize Datalix to bill your payment instrument in advance monthly for self-service Subscriptions entered into through the Site in accordance with the terms of the applicable payment plan referenced in the self-service Subscription, and you further agree to pay any charges so incurred.
  2. Subscriptions purchased through self-service on the site will automatically renew for the term indicated in the subscription plan until you cancel them. Canceling will end the automatic renewals of your paid services, but we will keep any fees we have already collected from you (unless we are required by law to refund them).

Third Party Applications

“Third-Party Applications” means computer software programs and other technology that are provided or made available to Customers by third parties, including those with which the Services may interoperate, including, for example, Customer’s CRM such as Salesforce. Customer may be able to use the Services by establishing integrations or other connections to one or more Third-Party Applications. By implementing a connection to a Third-Party Application, Customer hereby grants to Datalix the right, and is expressly instructing Datalix, to access and interoperate with that Third-Party Application in order to provide and support the Services. Customer is responsible for complying with all applicable third-party terms, policies and licenses governing its access and use of Third-Party Applications and associated data. Connecting to and use of Third Party Applications with our Services is at your own risk and you are solely responsible for (and shall release, indemnify, and hold harmless Datalix from) any such use and access.

Indemnity

You agree to indemnify and hold Datalix Inc and its parent, subsidiaries, affiliates, officers, directors, shareholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use or access of our Services, (ii) your connection to our Services, (iii) your violation of the Terms of Service, (iv) your violation of any rights of another, and (v) any taxes arising in connection with your purchase or use of our Services in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.

Disclaimer of warranties

You expressly understand and agree that your use of our Services is at your sole risk. Our Services are provided on an “as is” and “as available” basis. Datalix Inc and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Datalix Inc and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives make no warranty that: (i) our Services will meet your requirements; (ii) our Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of our Services will be accurate, permanent, or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through our Services will meet your expectations; and (v) any errors in our Services will be corrected.

Limitation of liability

You expressly understand and agree that Datalix Inc and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Datalix Inc has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our Services; or (v) any other matter relating to our Services.

Cancellations 

You can cancel your subscription at any time, and you will continue to have access to our Services through the end of your current subscription period.

Refunds

All payments are non-refundable, and we do not provide refunds or credits for any partial-month subscription periods.

Contact Information

For questions or comments, please contact us at info@datalix.com

Export Controls 

You are responsible for complying with United States export controls, including as set forth above, and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Assignment 

Datalix may assign or transfer these Terms of Service, in whole or in part, without consent or other restriction. You may not assign these Terms of Service without the prior written consent of Datalix. Any attempted assignment other than as permitted in this Section will be null and void.

Privacy 

These Terms of Service refer to our Privacy Policy (available at: https://Datalix.com/privacy), hereby incorporated by reference, which also applies to your use of the Services and which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Miscellaneous 

If any provision of these Terms of Service are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. Both parties agree that these Terms of Service, together with any Order Form, product-specific terms and conditions, and/or self-service Subscription, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Datalix in any respect whatsoever. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Service will be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this Agreement) may be made via posting to the Datalix website or by e-mail (including in each case via links). All notices under these Terms of Service if posed on the website or delivered by email will be treated as having been duly given when received. Datalix will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Datalix relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Datalix relating to such subject matter.

Governing Law 

These Terms of Service shall be governed by the laws of the United States (including federal arbitration law) and the State of Wyoming without regard to the principles of conflicts of law. Unless otherwise elected by Datalix in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New York for the purpose of resolving any dispute relating to your access to or use of the Service.

Arbitration; Class Action Waiver

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS TOS, YOUR USE OF THE SERVICES AND ALL RELATED MATTERS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT DATALIX AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS TOS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA“) under (a) its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) if you are a consumer or (b) its Commercial Arbitration Rules (currently available at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf) if you are not a consumer, in each case as amended by these Terms of Service. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.



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