These Terms of Service govern your access to and use of the datacat.ai ("datacat") software, websites, services, and models (the "Service"). The Service allows users to classify and label text, train models, and export predictions using an interactive, visual interface. The Service also includes any other services or sites that link to these Terms of Service.
The Service is an early beta offered to select users to obtain Feedback. Please read these Terms carefully.
BECAUSE OF THE BETA NATURE OF THE SERVICE, DATACAT STRONGLY DISCOURAGES YOU FROM USING ANY DATA ON THE SERVICE THAT YOU CONSIDER CONFIDENTIAL OR PROPRIETARY, OR THAT PERSONALLY IDENTIFIES, DIRECTLY OR INDIRECTLY, ANY INDIVIDUAL.
Your use of the Service is subject to these datacat Terms of Service (collectively "Terms"). By using, registering for, or accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Except as expressly provided under these Terms, datacat does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by datacat or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to datacat any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to datacat, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires datacat to license its platform, technologies or documentation to any third party because datacat includes your Feedback in them. Even if designated as confidential, datacat use Feedback for any purpose without obligation of any kind and Feedback will not create any confidentiality obligation.
The Service may allow you to import data from storage services provided by independent third parties ("Third-Party Service"). The Third-Party Services may be subject to additional terms, which you should review. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. datacat is not liable for charges resulting from your use of any Third-Party Service in conjunction with datacat.
datacat reserves the right to suspend or terminate your access to all or a portion of the Service at any time, without notice, for any reason whatsoever. You may discontinue your use of the Service at any time. The Service is an early beta intended for gathering Feedback and is not production quality. The Service may be unavailable from time to time, and datacat may change the Service at any time. The Service and any updates to the Service may be unreliable. You may experience errors, bugs, unexpected interruptions, delays or periods of inaccessibility, and loss of data. You assume all risks associated with your use of the Service. We have no obligation to provide any support services for the Service. datacat is not liable for any disruption or loss you may suffer as a result or a disruption in the Service. We recommend that you regularly backup Data you store on the Service. Sections 1, 2,(a), 2(c), 3, 5, 9 through 14 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms.
We may change these Terms at any time by posting the amended Terms on this page. Please check the Terms periodically for those changes. Your continued use of the Service after the posting of such changes constitutes your acceptance of the amended Terms. For your convenience, the date of last revision is included at the top of this page.
Your privacy is important to us. Data processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to datacat's collection, use and disclosure of your Data.
"Confidential Information" means non-public information, know-how, or trade secrets in any form, that (i) are designated by datacat as being confidential, or (ii) a reasonable person knows or reasonably should understand to be confidential. Confidential Information includes, without limitation, any non-public information about datacat or the Service that is disclosed to you in connection with these Terms. Confidential Information does not include the following types of information, however marked. Information that: (i) is, or becomes, publicly available without a breach of this Agreement; (ii) was lawfully known to you without an obligation to keep it confidential; (iii) is received from another source who can disclose it lawfully and without an obligation to keep it confidential; (iv) is independently developed; or (v) is Feedback. You agree to not disclose Confidential Information to third parties unless you are required to do so by a court order or law. You will use Confidential Information only for the purposes of the private beta relationship documented in this Agreement. You agree to take reasonable steps to protect the Confidential Information. These steps must be at least as protective as the steps you take to protect your (or your company's) own confidential information. You may disclose Confidential Information if required by a court order or other government demand that has the force of law. Prior to disclosure, you must: (i) seek the highest level of protection available; and (ii) give datacat reasonable prior notice to allow us to seek a protective order. You will notify datacat if you learn of any leak of Confidential Information and will help prevent further leaks. Monetary damages may not sufficiently compensate a breach of this Agreement. We may seek court orders to stop the disclosure of Confidential Information in breach of this Agreement without the obligation of posting a bond.
Domestic laws of the country of origin of the owner of Datatcat govern this Agreement.
DATACAT AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICE. DATACAT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DATA LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from datacat or any affiliates direct damages up to an amount up to USD$10.00. You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms or the Service.
We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Service. This is the entire agreement between you and datacat for your use of the Service. It supersedes any prior agreements between you and datacat regarding your use of the Service. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. These Terms are solely for your and our benefit; they aren't for the benefit of any other person, except for datacat's successors and assigns.
You must comply with all domestic and international export laws and regulations that apply to the Service, which include restrictions on destinations, end users, and end use.