Last Modified: March 20, 2019
Background: DataMix provides Platform and Products that applies specialized algorithms to online marketing campaigns creation and optimization, websites development and improvement and creative materials production and optimization.
By using the Platform or Products you can have online marketing campaigns creation and optimization, websites development and improvement and creative materials production and optimization services. The Terms governs your subscription to and use of the Platform and Products.
THE PARTIES HEREBY AGREE AS FOLLOWS:
Subject to the terms and conditions hereof, you may use the Platform and Products on a non-exclusive basis for the marketing campaigns creation and optimization, websites development and improvement and creative materials production and optimization during the terms of these Terms.
In order to make use the Platform and Products you must sign up on the DataMix website located athttps://www.neptuness.com/ (the “Site”) by creating an account and provide DataMix with certain information regarding the purpose and nature of the business you are representing. You must then choose which of the various plans on offer on the Site you wish to subscribe. After completing the signup and subscription, users can use the Platform and Products services.
Fees and Payment
Payment of any fees by you for use of the Platform or Products must be made by you to DataMix through a 3rd party payment service we are using. You have all responsibility for payment of such amounts. Fee amounts are dependent on the scope of the services and in accordance with the plan chosen, all as specified on the Site. All amounts payable hereunder are exclusive of all applicable taxes and government charges, and you shall make payment to DataMix free and clear of any such amounts. Amounts are due and payable in advance of each calendar month.
Except as set forth expressly herein, user shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code or algorithms of, the Platform or Products; (b) modify the Platform or Products, or insert any code, algorithm or product, or in any other way manipulate the Platform or Products in any way that affects an end-user’s experience; (c) use the Platform or Products to provide services to any third party except as permitted herein, or (d) bypass any access control or security element of the Platform or Products. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above.
Also you shall not (i) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (ii) use the Platform or Products in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Platform or Products; (iii) attempt to gain unauthorized access to the Platform or Products; (iv) access the Platform or Products other than through our interface; or (v) use the Platform or Products for any purpose or in any manner that is unlawful or prohibited.
You may not use the Platform or Products if you are legally prohibited from receiving or using the Platform or Products under the laws of the country in which you are resident or from which you access or use the Platform or Products. The Platform or Products is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or the Federal Information Security Management Act (FISMA), so you may not use the Platform or Products where your communications would be subject to such laws. You agree not to use data from the Platform or Products in legal proceedings or otherwise as evidence.
You will notify us right away of any unauthorized use of your Users’ identifications and passwords or your account.
You agree not to use the platform or products service to collect, manage or process sensitive information. We will not have any liability that may result from your use of the platform or products service to collect or manage sensitive information.
Third-Party Sites and Products are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.
Some industries have higher than average abuse complaints, which can directly impact our ability to provide the services to other customers. To protect our customers, we reserve the right to discontinue your use of the Platform and Products if you are in one of these industries. Some examples include:
- – Cryptocurrency
- – Escort and dating services
- – Pharmaceutical products
- – Work from home, make money online, and lead generating opportunities
- – Gambling services or products
- – Multi-level marketing or affiliate marketing
- – List brokers or list rental services
- – Selling ‘Likes’ or followers for a social media platform
- – etc
Except as may otherwise be agreed between the parties, as between the user and DataMix, the user owns all rights, title and interest in all Internet advertising (including any creative) and websites connected to the Platform or Products by user (“User Material”).
Title to and ownership of and all proprietary rights in or related to the Platform or Products and related documentation, algorithms and all enhancements, derivatives, bug fixes or improvements to the foregoing shall at all times remain with DataMix or/and its licensors. You acknowledge that DataMix is the sole and exclusive owner of all intellectual property rights in the Platform and Products and related algorithms.
DataMix grants no rights in the Platform and Products except as expressly set forth herein.
DataMix does not request your feedback regarding the Platform and Products. If you provide DataMix with any feedback regarding the Platform and Products, DataMix shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
You are not required under law to provide us with this information, but you may not be able to register for our services if you do not provide such information. DataMix also retains data concerning and arising from Internet advertising campaigns managed through the Platform or Products which, to the best of DataMix knowledge, does not contain any information that should be deemed personally identifiable information. DataMix may use such information and data for the purpose of improving the Platform and Products and related algorithms and other services offered by DataMix, including the advertising campaigns. All such information and data shall be deemed the confidential information of the User and, except as set forth herein, DataMix shall not disclose such information or data to any third party. DataMix may disclose such information or data in order to comply with applicable law, regulation or court order or to cooperate with a law enforcement investigation, provided that to the extent permitted under applicable law DataMix may use third parties to collect, store and process any of the foregoing data and such third parties may not be located in your jurisdiction.
By analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of users (“Statistical Information”).
Statistical Information helps understand trends and user needs so that new products, algorithms and services can be considered and so existing products and services can be tailored to user desires. Statistical Information does not indicate individuals’ identities, and we will not link Statistical Information to any personal information.
Warranties and Disclaimers
If the user is representing a third party company, the user represents and warrants that it is authorized to enter into these Terms and agree to all provisions hereof on behalf of such company. DataMix represents and warrants that it will provide the Platform and Products in a manner consistent with the documentation provided by DataMix. Subject to the foregoing, DataMix makes no warranty of any kind regarding the Platform and Products, and DataMix hereby expressly disclaims all implied and statutory warranties, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement in respect of the Solution. DataMix makes no warranty that the analysis and data provided or the advertising campaign generated by use of the Platform and Products shall be at all effective or successful or more effective or successful than any alternative advertising campaigns. You are solely responsible for any action you may take based on information or analysis provided by the Platform and Products. DataMix may cease provision of use of the Platform and Products at any time.
Limitation of Liability
In no event shall DataMix, its directors, officers, employees, agents or shareholders, be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Platform or Products or the arrangements contemplated herein. In any case, DataMix entire liability under any provision of the Terms shall not exceed in the aggregate 10% of the amount of payment actually received by DataMix from you for our service preceding the applicable claim.
The Terms shall come into effect on the earlier of the day on which payment is made by the user to DataMix or the day on which the user begins to use the Platform or Products and shall be renewed for a term of one month each month unless one of the parties terminates the Terms. Either party may terminate the Terms without cause at any time; however such termination shall only come into effect at the end of the month and full payment shall be required until the date upon which termination occurs. User can terminate the Terms by not paying the fee for the next month and DataMix can terminate the Terms by providing the user with written notice. Either party may terminate the Terms immediately if the other party commits a fundamental breach of the terms of the Terms. Upon any termination or expiration of the Terms, DataMix will cease providing the Platform and Products.
DataMix may disclose that the user is using the Platform and Products, including by publishing the user’s name and logo on the Site and on marketing materials.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages, and upon the occurrence of any of the foregoing, the non-performing party will be excused from further performance of its obligations caused by such event for so long as the event continues.
The Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. The Terms may not be modified or amended except in a writing executed by both parties. The Terms may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of the Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. DataMix may assign its rights or obligations pursuant to the Terms. User shall not assign any rights under the Terms; any attempted assignment shall be null and void and shall result in the termination of the Terms. If any part of the Terms shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of the Terms which shall remain in full force and effect. The Terms shall be governed by the laws of the State of Ukraine, and the competent courts in the city of Kiev shall have exclusive jurisdiction to hear any disputes arising hereunder.