TERMS OF SERVICE

These terms of service (“Terms”) apply to your access and use of DataMesh Cloud Service (the “Service”, including DataMesh Director and DataMesh Checklist). Please read them carefully.

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing service@datamesh.com.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check DataMesh Cloud Service for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Your Content & Conduct

Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.

You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time.

You may not post, link and otherwise make available on or through the Service any of the following:

Also, you agree that you will not do any of the following in connection with the Service or other users:

DataMesh Materials

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information, and other content (excluding your content). This property is owned by us or our licensors and it is protected by the U.S. and international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame, or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information without our express written consent.

DataMesh makes no claim or representation regarding and accepts no responsibility for third-party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy, or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Unavoidable Legal Stuff

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS-IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL DATAMESH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO DATAMESH. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Copyright Complaints

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of Washington, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington located in Redmond, Washington connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration, or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Entire Agreement

These Terms constitute the entire agreement between you and DataMesh regarding the use of the Service, superseding any prior agreements between you and DataMesh relating to your use of the Service.

Feedback

Please let us know what you think of the Service, these Terms and, in general, DataMesh Director. When you provide us with any feedback, comments, or suggestions about the Service, these Terms and, in general, DataMesh Cloud Service, you irrevocably assign to us all of your right, title, and interest in and to your feedback, comments, and suggestions.

Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address service@datamesh.com

PRIVACY POLICY

Our privacy policy applies to information we collect when you use or access our website, application, or just interact with us. We may change this privacy policy from time to time. Whenever we make changes to this privacy policy, the changes are effective 7 days after we post the revised privacy policy (as indicated by revising the date at the top of our privacy policy). We encourage you to review our privacy policy whenever you access our services to stay informed about our information practices and the ways you can help protect your privacy.

Collection of Information

Information You Provide to Us

We collect the information you provide directly to us. For example, we collect information when you participate in any interactive features of our services, fill out a form, request customer support, provide any contact or identifying information, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, credit card information, and other contact or identifying information you choose to provide.

Information We Collect Automatically When You Use the Services

When you access or use our services, we automatically collect information about you, including:

For more details about how we collect information, including details about cookies and how to disable them, please see “Your Information Choices” below.

Information We Collect From Other Sources

In order to provide you with access to the Service, or to provide you with better service in general, we may combine information obtained from other sources (for example, a third-party service whose application you have authorized or used to sign in) and combine that with information we collect through our services.

Use of Information

We use information about you for various purposes, including to:

By accessing and using our services, you consent to the processing and transfer of your information in and to the United States and other countries.

Sharing of Information

We may share personal information about you as follows:

We may also share aggregated or anonymized information that does not directly identify you.

Third Party Analytics

We may allow third parties to provide analytics services. These third parties may use cookies, web beacons and other technologies to collect information about your use of the services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and third parties to, among other things, analyze and track data, determine the popularity of certain content and other websites and better understand your online activity. Our privacy policy does not apply to, and we are not responsible for, third party cookies, web beacons or other tracking technologies and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices.

Security

We take reasonable measures to help protect personal information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Your Information Choices

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our services.

Promotional Communications

You may opt out of receiving any promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Contact Us

If you have any questions about this privacy policy, please contact us at: service@datamesh.com