We (the folks at Alpha 51, Inc. (“A51”)) run a Software as a Service (SaaS) called DigThisData and would love for you (also referred to hereinafter as the “User”) to use it. You can try our service free for 14 days, and we offer paid upgrades (subscriptions) for additional data storage and usage. Our service is designed to give you as much control and ownership over what goes on your DigThisData Account (“DTD Account”) as possible and we encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your DTD Account.
The following terms and conditions (these “Terms”) govern all use of the DigThisData website, platform and application, including all content, services, other applications and products available at or through the DigThisData website, platform and application, whether now in existence or added in the future (collectively referred to hereinafter as the “Application”).
The use of the Application is offered subject to your acceptance, without modification of all of these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION. By accessing or using any part of the Application, you agree to become bound by these Terms. If you do not agree to all of these Terms, then you may not access the Application or use any services provided therein.
These Terms may be revised from time to time by updating this posting. You should visit this page regularly toreview the current Terms. Your continued access and use of the Application after such posting will signify your acceptance of any revisions. If you do not agree to the revisions, discontinue use of the Application. These Terms were last updated on November 9, 2019.
If you find a DTD Account that you believe violates these Terms or your intellectual property rights or the intellectual property rights of others, please contact us at [email protected].
- Types of Data Collected
- Processing and Use of Personal Data Collected
The Personal Data concerning the User is collected to allow A51 to provide its services, as well as for the following purposes:
- Registration and authentication
- Contacting the User for announcements or support regarding the Application
- Application Analytics
By registering or authenticating through this Application, Users allow this Application to identify them and give them access to dedicated services. Third parties may provide registration and authentication services if the User chooses this option. In this case, the Application will be able to access some Personal Data, stored by these third party services, for registration or identification purposes. The registration and authentication options used by this Application include the following:
- Direct registration - The User registers by filling out the registration form and providing the Personal Data directly to this Application. Personal Data collected: email address, first name, last name and password. Place of processing: Canada;
- Google OAuth (Google Inc.) - Google OAuth is a registration and authentication service provided by Google Inc. and is connected to the Google network. Place of processing: USA
- Microsoft Live Connect, OAuth (Microsoft Corporation) - Microsoft Live Connect is a registration and authentication service provided by the Microsoft Corporation and is connected to the Microsoft network. Place of processing: USA
Personal Data will NOT be distributed or shared with other third parties without your expressed consent in any way or form.
- Your DigThisData Account
If you create a DTD Account on the Application, you are responsible for maintaining the security of your DTD Account, and you are fully responsible for all activities that occur under the DTD Account and any other actions taken in connection with the DTD Account. You must immediately notify A51 of any unauthorized uses of your DTD Account, the content therein or any other breaches of security. A51 will not be liable for any acts or omissions by you, including any damages, losses, liabilities, costs and expenses of any kind whatsoever incurred as a result of such acts or omissions.
- Responsibility of Contributors
If you operate a DTD Account, comment on a DTD Account, post material to the Application, or otherwise make, or allow any third party to make, material available by means of the Application (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or video file. By making Content available, you represent and warrant that:
- you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases necessary to publish and post the Content and grant A51 the license to the Content as set out below;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the downloading, copying, publishing and use of the Content will not be defamatory, libellous, hateful, violent, obscene, or pornographic, and will not infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, including, but not limited to, the copyright, patent, trademark or trade secret rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including, but not limited to, any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine– or randomly–generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
Any Content provided by you remains your property. However, by providing/posting the Content on the Application, you grant A51 and its affiliates, subsidiaries and its licensees a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in any manner and in any format and media whatsoever now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
A51 or any of its affiliates and subsidiaries has the right, but not the obligation, to, review and monitor the Content and, in its or their sole discretion to (i) refuse or remove any Content that, in A51’s reasonable opinion, violates any A51 policy, infringes or violates the copyrights or other intellectual property rights of A51 or others, or is in any way harmful or objectionable, at any time and for any reason, without notice to you and/or (ii) terminate or deny access to, and use of, the Application to any individual or entity in breach of these Term. In such event, A51 will have no obligation to provide a refund of any amounts previously paid.
- DTD Account Terms and Restrictions
- Your login may only be used by one person — a single login shared by multiple people is not permitted. You may create separate logins for as many people as your DTD Account plan permits.
- You may not use the Application for any illegal or unauthorized purpose. You must not, in the use of the Application, violate any laws, rules or regulations in your jurisdiction (including, but not limited to, copyright and other intellectual property laws).
- Technical support is provided only to paying DTD Account holders with DTD Accounts in good standing.
- A51 reserves the right to display advertisements on your DTD Account unless you have purchased an Ad free Upgrade DTD Account.
- You must not modify, adapt or hack the Application or use another website or application so as to falsely imply that it is associated with the Application, A51, or any other A51 service or application.
- You must not decompile, reverse engineer or disassemble the Application or any part thereof;
- You must not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Application.
- Payment and Renewal
- General Terms
Optional paid services such as subscriptions, plug-ins, extra storage, or additional features are available through the Application (any such service, an “Upgrade”). By selecting an Upgrade you agree to pay A51 the monthly, quarterly, or annual subscription fees indicated for that service. All fees are plus applicable taxes. Payments will be charged on a pre–pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly, quarterly, or annual subscription period, as indicated. Upgrade fees are not refundable.
- Automatic Renewal
Unless you notify A51 before the end of the applicable Billing Period for your Upgrade subscription that you want to cancel an Upgrade, your Upgrade subscription will automatically renew for the next applicable Billing Period and you authorize us to collect the then applicable annual, quarterly, or monthly subscription fee for such Upgrade, plus applicable taxes, using any credit card or other payment mechanism we have on record for you. Upgrades can be performed at any time during the applicable Billing Period. For purposes of these Terms, the “Billing Period” means the period of time commencing on the date the Upgrade is ordered and activated and continuing until that same day of the subsequent (i) calendar month, if a monthly subscription is selected, (ii) three calendar months, if a quarterly subscription is selected, and (iii) twelve months, if an annual subscription is selected.
- General Terms
- DTD Account Cancellation
- You are solely responsible for the cancellation of your DTD Account. An email request to cancel your DTD Account is required by sending an email to: [email protected].
- In order not to be charged for the next Billing Period, you must cancel your DTD Account prior to end of a then current Billing Period. If you cancel your subscription before the end of your current Billing Period, you will not be charged again. However, you may continue to make use of the Application and all of the services for which you have subscribed until the end of the current Billing Period.
- Upon cancellation of your DTD Account, which will take effect at the end of the then current Billing Period during which your cancellation notice was received by A51, all of your Content will be immediately deleted from the Application. The Content cannot be recovered once your DTD Account has been cancelled.
- Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Application. When using this Application, you may be charged by your network/data provider for data services or any other third party charges as may arise while using this Application and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from such bill payer. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application. A51 does not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices.
- Third Party Products and Services
A51 is the sole and exclusive owner of all right, title and interest, including copyright, in and to the Application. This Agreement does not transfer from A51 to you any A51 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with A51. Alpha51, DigThisData, DigThisData.com, the DigThisData logo, OnTap, and all other trademarks, service marks, graphics and logos used in connection with DigThisData.com, or the Application are trademarks or registered trademarks of A51 or A51’s licensors, as the case may be. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any A51 or third-party trademarks, service marks, graphics and logos.
- Termination and Survival
A51 may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. Provided such termination is not due to a breach by you of these Terms, if we terminate your account during a Billing Period for which you have already paid, we will refund to you a pro-rated amount based on the period of time remaining in the Billing Period for which you will be unable to access the Application/your account, if that is the case. If you wish to terminate your DTD Account (if you have one), you may simply cancel your DTD Account in accordance with our cancellation policy set forth in these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers of warranties, warranties and representations, indemnities, limitations of liability, governing law/venue provisions.
- Disclaimer of Warranties
YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT THE APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, A51 AND ITS SUPPLIERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
NEITHER A51, NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT (I) THE APPLICATION WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR ANY OF THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE APPLICATION WILL BE CORRECT, ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS, (V) DATA WON'T BE LOST AND UNRECOVERABLE, (VI) THAT DEFECTS OR ANY ERRORS IN THE APPLICATION WILL BE CORRECTED, OR (VII) THAT THE APPLICATION OR THE SERVERS THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT OR COMPONENTS. A51 MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE APPLICATION OR ANY OTHER THIRD PARTY PRODUCTS OR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND NEITHER A51, NOR ANY OF ITS SUPPLIERS, LICENSORS OR THIRD PARTY PROVIDERS ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE APPLICATION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE APPLICATION AT YOUR OWN DISCRETION AND RISK. YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOURSELF AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT.
A51 HAS NOT REVIEWED, AND CANNOT REVIEW, ALL OF THE MATERIAL AND CONTENT POSTED TO THE APPLICATION, AND CANNOT THEREFORE BE RESPONSIBLE FOR ANY MATERIAL OR CONTENT POSTED TO THE APPLICATION, INCLUDING ANY USE OR EFFECTS THEREOF. BY OPERATING THE APPLICATION, A51 DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES THE MATERIAL AND CONTENT THERE POSTED, OR THAT IT BELIEVES SUCH MATERIAL OR CONTENT TO BE ACCURATE, USEFUL OR NON-HARMFUL.
- Limitation of Liability
A51, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS AND CONTRACTORS (“A51 GROUP”), SHALL NOT BE LIABLE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES OR DAMAGES OR INJURIES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR INABILITY TO USE, THE APPLICATION OR ANY PART THEREOF, OR THE MATERIAL, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE APPLICATION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE A51 GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR INJURY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- General Representation and Warranty
You represent and warrant that (i) your use of the Application will be in strict accordance with these Terms and with all applicable laws, rules and regulations, including, without limitation, any local laws, rules or regulations in your country, state, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws, rules and regulations regarding the transmission of technical data exported from the United States, Canada, or the country in which you reside, and (ii) your use of the Application will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless the A51 GROUP from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable legal fees (collectively, “Claims”), that arise from your use or misuse of the Application or the content therein, including, without limitation, your violation of these Terms. A51 reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences and, in addition to the foregoing, be solely responsible for all costs and expenses incurred in connection with assuming such defence. Governing Law and Jurisdiction
These Terms shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms or your use of the Application shall be filed only in the applicable courts sitting in the Province of Ontario or the Federal Court of Canada, and you further agree and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claim or action.
- No Waiver
A waiver by either you or A51 of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Integration and Severability
These Terms constitute the entire agreement between A51 and you with respect to the Application, and they may only be modified by the posting by A51 of a revised version, as contemplated herein. If any provision of these Terms shall be unlawful, void, or for any reason invalid or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of all other remaining provisions, all of which shall remain in full force and effect.
— Last updated 2019–11–12 —