Website Terms of Use

PLEASE READ THESE WEBSITES TERMS OF USE CAREFULLY BEFORE BROWSING, DOWNLOADING, OR USING ANY INFORMATION, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR ANY OTHER MATERIALS ON THE WEBSITE LOCATED AT WWW.DATATRAILS.ai OR ANY OTHER SITE OWNED OR OPERATED BY DATATRAILS, INC. BY ACCESSING ANY PART OF THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT YOU AGREE TO BE LEGALLY BOUND THEM WITHOUT EXCEPTION. IF YOU ARE ACCESSING THE SITES ON BEHALF OF ANY OTHER PERSON, COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT THIRD-PARTY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, INCLUDING ANY MODIFICATION HEREOF, THEN YOU MAY NOT ACCESS ANY PART OF THE SITES.

1. Definitions.
   For the purpose of these Terms of Use, all capitalized terms shall have the following meanings:
   1. “Account Holder” means an individual or entity that registers an account with DATATRAILS pursuant to the EULA so that it may use the DATATRAILS services, including to create provenance metadata, store with, transmit and/or distribute Service Data via the DATATRAILS services.
   2. “Applicable Law” means the laws, regulations, and rules of the governmental or regulatory authorities that apply to the User or DATATRAILS.
   3. “Cookie Statement” means DATATRAILS’s policy regarding the use and User options for cookies while using the Sites or Services, available at Cookie Statement and incorporated herein.
   4. “EULA” means the End User License Agreement, which governs the creation of an account with DATATRAILS and the use of DATATRAILS services that require such an account.
   5. “Feedback” means any concepts, enhancement requests, ideas, materials, processes, recommendations, suggestions, or techniques that you provide to us regarding the Site Content, Sites, our products, services, documentation, software and/or APIs.
   6. “Instaproof Asset” means the data asset or creative asset that you drag on to the Instaproof site in using such Instaproof site to query DATATRAILS regarding the provenance of such data asset or creative asset.
   7. “Intellectual Property” means all rights to and in, or otherwise relating to the DATATRAILS brand, Sites, Site Content, or other DATATRAILS products, services and DATATRAILS content, including but not limited to any current or pending patents, copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other texts, or graphics related to the Sites, Site Content, DATATRAILS products, services and DATATRAILS content, as well as the text, graphics, programming, photographs, video and audio contained therein.
   8. “DATATRAILS” means DATATRAILS, Inc., together with its parents, subsidiaries, affiliates and assigns, which owns all rights to and in DATATRAILS products, and the Sites. The terms “we,” “us” and “our” as used in these Terms refer to DATATRAILS.
   9. “Privacy Policy” means DATATRAILS’s policy regarding the collection, protection and use of certain User data through the Sites, available at Privacy Policy and incorporated herein.
   10. “Provenance Data” means metadata generated by an Account Holder regarding the provenance of an individual data asset, creative asset or Service Data asset. Provenance Data that is available publicly, and without restriction, is in the public domain.
   11. “Service Data” means electronic data, including audio, video, text, messages, communications, data assets, or other materials that an Account Holder stores with, transmits or distributes via DATATRAILS’s services through an DATATRAILS account that the Account Holder establishes pursuant to the EULA.
   12. “Site Content” means any information, data, text, images, video, audio or any other materials DATATRAILS makes available from the Sites.
   13. “User” means the person accessing the Sites, including any other person, entity or company that the person is accessing the Sites on behalf of. The terms “you,” and “your” as used in these Terms refer to the User.
   14. “Verified Domain Name” means a domain that DATATRAILS has confirmed has registration information that matches an Account Holder; any Provenance Data or Service Data associated with a Verified Domain Name may show the “Verified” or “Verified Organization” logo next to such Verified Domain Name.
   15. “Verified Organization” means an organization with an account having a Verified Domain Name.
   16. “Website Terms of Use” or “Terms” means the terms and conditions governing access and use of the Sites, including these Terms, the Cookie Statement and the Privacy Policy, and any changes, additions or modifications made to any such Terms.
   17. “Sites” means the websites located at https://DataTrails.ai, https://DataTrails.co, as well as any and all other applications, platforms, and social media profiles owned or operated by DATATRAILS, including each of their respective mobile applications, together with the Site Content contained in, or otherwise made accessible through, the Sites.
       
2. General Use.
   1. Overview and Binding Effect. By accessing the Sites you agree to be bound by these Terms and any modification that we may make to the Terms from time to time.
   2. Eligibility. You confirm that you are an individual that is at least of majority age or older in the jurisdiction from which you are accessing the Sites, and have the capacity to agree to be legally bound by these Terms.
   3. Modifications to Sites and Terms. We may change these Terms, including the modification, addition or deletion of any provision or condition at any time, with or without notice to the User. Any such changes shall take effect immediately when posted on https://DATATRAILS.ai/. Your use of the Sites after such posting shall be deemed to constitute acceptance of such modifications, additions or deletions. It is your responsibility to check the Sites to ensure you have read and understand the current Terms. We may also change or discontinue any aspect of the Sites, Site Content, product or service at any time, with or without notifying you, and explicitly disclaim any liability arising from any such change.
      
      
3. Sites Use and Access Limitations.
   1. Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to access and view the Sites and any Site Content to which you are permitted access, solely for your personal and noncommercial purposes and you may not reproduce, publish, transmit, distribute, display, perform, exhibit, modify, use to create derivative works, sell, resell or use in any sale, or exploit for in any way, in whole or in part, without our prior written consent. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property rights owned or controlled by us or our licensors, except for the limited licenses and permissions expressly granted in these Terms. 
   2. User Guidelines. When accessing the Sites, you agree (i) not to interfere with or disrupt the Sites or the servers or networks connected to the Sites, upload or transmit any virus or malicious code, or interfere with or circumvent the security features of the Sites, or any related applications or services; (ii) to comply with all requirements, procedures, policies and regulations of networks connected or otherwise related to the Sites; (iii) to use the Sites and Site Content only for lawful purposes and in compliance with Applicable Laws; (iv) not to reproduce, duplicate, copy, create derivative works of, sell, resell, reverse engineer or exploit for any commercial purpose, any portion of the Sites or Site Content or otherwise infringe or misappropriate our Intellectual Property rights or the Intellectual Property rights of others; (v) not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (vi) not to submit any false or misleading information; (vii) not to crawl, scrape or harvest the Sites or Site Content; and (viii) not to invade any other user’s right to privacy or interfere with any other user’s proprietary rights, including by harvesting or collecting personally-identifiable information about users of the Sites or transmitting private information about a third party
   3. Contact Information. You may provide us with basic information such as your name, company information, telephone number and e-mail by contacting us through the Sites. All such contact information shall be governed by our Privacy Policy. 
   4. Applicable Laws. Use of the Sites may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction. By agreeing to these Terms, you agree to act in compliance with and be legally bound by any and all Applicable Law.
   5. End User Data. To the extent that DATATRAILS processes any personal information of User’s end users or employees in connection with the use of the Sites, DATATRAILS acts as a service provider (or processor), and User is fully responsible for ensuring that it complies with all notice and transparency requirements under applicable laws. To the extent that such end user or employee wishes to exercise their data protection rights with respect to such personal information, User shall be fully responsible; provided that DATATRAILS will promptly forward to User any such requests and shall reasonably assist User in fulfilling its obligations with respect thereto.
   6. Right to Deny Access. You have no inherent right to access the Sites. We reserve the right to refuse access to the Sites by any User for any reason and at any time.
   7. Instaproof. DATATRAILS makes available the Instaproof site, by which you may submit a query to DATATRAILS regarding the provenance of Instaproof Asset. You may drag and drop Instaproof Asset onto the Instaproof site, whereby one or more cryptographic hashes of that Instaproof Asset is generated on your device, and those cryptographic hashes are transmitted to DATATRAILS along with other information such as file type and size as a search query against public Provenance Data. If your search query matches public Provenance Data stored with the DATATRAILS service, Instaproof will display that matching Provenance Data. Some Provenance Data may disclose the identity of the entity that created such Provenance Data, and that entity may or may not be a Verified Organization. DATATRAILS has not assessed whether the party that created the Provenance Data was the author or creator of the Instaproof Asset, nor whether such party owns that Instaproof Asset or any intellectual property rights therein. DATATRAILS bears no responsibility or liability for the contents of any Instaproof Asset, including, without limitation, whether any such Instaproof Asset infringes upon any third party intellectual property or proprietary right of any kind, or is owned or was created by any party other than the party that may be identified in the Provenance Data. DATATRAILS is not responsible for your use of and/or reliance on Provenance Data. DATATRAILS does not receive or gain access to the Instaproof Asset through your use of the Instaproof site. Instead, DATATRAILS receives only the cryptographic hash(es) thereof and other submitted information. By submitting the cryptographic hash(es) and other information corresponding to any Instaproof Asset, you grant DATATRAILS a perpetual, irrevocable, non-exclusive license to use, store, copy, display and process those cryptographic hash(es) and other submitted information and create analytical and statistical data associated with those cryptographic hash(es) and other information. Your use of Instaproof does not convey or grant to DATATRAILS any rights in the Instaproof Asset itself.
      
      
4. Feedback.
   Feedback. Nothing in these Terms obligates you to provide us with Feedback. To the extent that you provide Feedback to us, you grant us with a fully-paid, royalty-free, worldwide, transferrable, sublicensable, assignable, irrevocable, and perpetual license to implement, use, copy, modify, adapt, distribute, display, perform, commercially exploit, incorporate into the Sites, Site Content, and DATATRAILS’s products and services and otherwise use any Feedback. You acknowledge and agree that we own and are free to seek intellectual property protection for any features, functionality or components that may be based upon, reflect or that may have been initiated by such Feedback
   1. Warranty Regarding Feedback. If you choose to provide Feedback to us, you represent and warrant that: (i) you either are the sole and exclusive owner of all Feedback or that you have all rights, licenses, consents and releases that are necessary to grant to DATATRAILS the rights in such Feedback as contemplated under these Terms; and (ii) the Feedback does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of property, publicity or privacy, or result in the violation of any Applicable Law.
      
      
5. DATATRAILS Intellectual Property.
   1. Affirmation of Rights. Unless otherwise indicated by us, all Intellectual Property is the property of DATATRAILS or our licensors or suppliers, and is protected by applicable intellectual property laws. Your use of the Sites does not grant you any rights or licenses relating to the Intellectual Property except as may be otherwise expressly provided for in these Terms. Any unauthorized use of any such information or materials may violate patent laws, copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. We reserve the right to seek all remedies available by law and in equity for any violation, infringement or misappropriation of our Intellectual Property rights.
   2. Reservation of Rights. You acknowledge that any other use of the Sites or Site Content is strictly prohibited and you agree not to infringe or enable others to infringe our Intellectual Property rights. You further agree to retain all copyright and other proprietary rights notices contained in the material provided via the Sites on any copy you make of the Site Content, but failing to do so shall not prejudice any intellectual property rights therein. Any rights not expressly granted herein to use the Site Content are reserved by DATATRAILS in full.
      
      
6. Third Party Tools and Links. 
   1. As Is. We may provide you with access to third-party tools through the Sites which we neither monitor nor control nor have any input. You acknowledge and agree that we provide access to such tools “AS IS” and “AS AVAILABLE” without any warranties, representations or conditions of any kind, and without any endorsement with respect to their use.  
   2. Third-Party Content. Certain Site Content may include materials from third parties, or links that direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the quality or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any such materials, products, or services of third-parties.
   3. Express Disclaimer. We shall have no liability whatsoever arising from or relating to the use of third-party links or tools. Any use of third-party tools or links offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those tools or links are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase of any course, product, services, resources, content, or any other transactions made in connection with any third-party tools, links, websites, services or products. Complaints, claims, concerns, or questions regarding third-party tools, links and materials should be directed to the relevant third-party provider(s). 
      
      
7. Errors.
   Occasionally there may be Site Content that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or modify, discontinue, or cancel any products or services offered, including prices, at any time with or without prior notice. We undertake no obligation to update, amend or clarify Site Content or the Sites.
   
   
8. Disclaimers. 
   1. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT ANY SITE CONTENT, INCLUDING ANY INFORMATION ON PRODUCTS OR OTHER SERVICES WILL MEET YOUR EXPECTATIONS OR THE DESCRIPTIONS ON THE SITES, NOR THAT ANY SITECONTENT IS ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. 
   2. THE SITES AND SITE CONTENT IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
   3. We take no responsibility for the accuracy and completeness of any information relied upon by us in determining whether any domain qualifies a Verified Domain Name, and you rely upon the “Verified” status at your sole risk. We reserve the right, but not the obligation, to suspend the “Verified” status of any Verified Domain Name, in our sole discretion and at any time.
      
      
9. Indemnification.
   You agree to indemnify and hold harmless DATATRAILS, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to (i) your use of the Sites; (ii) breach of these Terms; (iii) your violation of any third party right, including without limitation any Intellectual Property right or privacy right. This indemnity shall apply to your successors and assigns and shall survive any modification to or termination of these Terms or the Sites.
   
   
10. Limitations on Liability. 
    1. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DATATRAILS, OR ANY FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOSS OF DATA, BASED ON ANY CAUSES OF ACTION ARISING OUT OF ACCESS OR USE OF THE SITES, INCLUDING ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITES OR SITE CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF DATATRAILS OR ANY FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT DATATRAILS OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES. 
    2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SITES OR SITE CONTENT, YOU ACKNOWLEDGE THAT DATATRAILS HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH SITES OR SITE CONTENT, AND THAT IF ANY OF THE FOREGOING LIMITATIONS IN THESE TERMS OF USE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT DATATRAILS’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE SITES OR SITE CONTENT, (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED $100.
       
       
11. Governing Law.
    Any and all disputes, claims and controversies arising out of or in connection with these Terms or your access to, your use of the Sites or Site Content shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to its conflict of laws provisions.
    
    
12. Miscellaneous.
    These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our Sites. If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we may terminate these Terms as they apply to you, and you will remain liable for all actions or omissions taken prior to that termination date. These Terms, including the Privacy Policy and Cookie Statement constitute the entire agreement between you and us with respect to the basic access and use of the Sites, provided however, if you request a demonstration or decide to purchase any product or service through the Sites, you may be asked to agree to additional terms, which shall be read in conjunction with these Terms. The provisions of these Terms are for the benefit of the DATATRAILS, its affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these terms is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these terms will remain binding. The section headings used herein are for convenience only and shall not be given any legal import.
    
    
13. Contact.
    Questions about the Terms of Use should be sent to us at legal@DATATRAILS.ai, or by mail to DATATRAILS, Inc., at DATATRAILS, Inc., 5201 Great America Parkway Suite #320, Santa Clara, CA – 95054.