We (the folks at 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 to review 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.
- Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
- Registration and authentication
By registering or authenticating, 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 Data, stored by these third party services, for registration or identification purposes.
- 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 third parties without your expressed consent in any way or form.
- Registration and authentication
- Your DigThisData Account
If you create an account on the Application, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify A51 of any unauthorized uses of your content, your account or any other breaches of security. A51 will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors
If you operate an account, comment on an 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:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- 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;
- 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 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);
Without limiting any of those representations or warranties, A51 has the right (though not the obligation) to, in A51’s sole discretion (i) refuse or remove any content that, in A51’ reasonable opinion, violates any A51 policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Application to any individual or entity for any reason, in A51’s sole discretion. A51 will have no obligation to provide a refund of any amounts previously paid.
- Account Terms
- 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 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 in your jurisdiction (including but not limited to copyright laws).
- You understand that A51 uses third party vendors and hosting partners to provide hardware, software, networking, storage, and related technologies required to run the Application.
- Technical support is provided only to paying account holders with accounts in good standing.
- 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.
- A51 does not warrant that (i) the Application will meet your specific requirements, (ii) the Application will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Application will be 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, and (vi) any errors in the Application will be corrected.
- Payment and Renewal
- General Terms
Optional paid services such as subscriptions, plugins, 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. 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 subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then–applicable annual, quarterly, or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be performed at any time during the billing period (defined as the days between the next calendar day of the month closest to the day of the month the account was created “Billing Period”).
- General Terms
- Account Cancellation
- You are solely responsible for the cancellation of your account. An email request to cancel your account is required.
- All of your Content will be immediately deleted from the Application upon cancellation. The Content can not be recovered once your account is cancelled.
- If you cancel your subscription before the end of your current Billing Period, your cancellation will take effect immediately and you will not be charged again.
- Responsibility of Application Users
A51 has not reviewed, and cannot review, all of the material, posted to the Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Application, A51 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. A51 disclaims any responsibility for any harm resulting from the use by visitors of the Application, or from any downloading by those visitors of content there posted.
- Copyright Infringement
As A51 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the Application violates your copyright, you are encouraged to notify A51. A51 will respond to all such notices, including as required or appropriate by removing the infringing material. A51 will terminate a user’s access to and use of the Application if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of A51 or others. In the case of such termination, A51 will have no obligation to provide a refund of any amounts previously paid to A51.
- Intellectual Property
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. A51, DigThisData, DigThisData.com, the DigThisData logo, 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. 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.
A51 reserves the right to display advertisements on your account unless you have purchased an Ad free Upgrade account.
A51 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. A51 may also, in the future, offer new services and/or features through the Application (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
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. If you wish to terminate this Agreement or your DigThisData account (if you have one), you may simply cancel your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
The Application is provided “as is”. A51 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither A51 nor its suppliers and licensors, makes any warranty that the Application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Application at your own discretion and risk.
- Limitation of Liability
In no event will A51, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to A51 under this agreement during the twelve (12) month period prior to the cause of action. A51 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty
You represent and warrant that (i) your use of the Application will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws 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 A51, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Application, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between A51 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of A51, or by the posting by A51 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Application will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Toronto, Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in arbitration. The arbitration shall take place in Toronto, Ontario, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; A51 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
— Last updated 2018–04–19 —