Last updated: May 14, 2018
These terms of service ("Terms") apply to your access and use of DMXDeepInsight Service (both free and paid) and website (both collectively referred to as the "Service"). Please read them carefully.
If you access or use DMXDeepInsight, it means you agree to be bound by the terms below. If you do not agree to the Terms, do not use our Service. If you agree to the Terms and do not agree to our Data Policy, do not use our Service. You can accept the Terms when signing up with DMXDeepInsight.
If you are an individual subscriber or are accessing the Service to evaluate the Service, or are otherwise browsing the Site, this Agreement is between you, individually, and Dimentrix Technologies.
If you are an employee, faculty member or student of a university, school or other entity or organization that has registered to the Service and you are an “Authorized User” of your Enterprise and (i) you represent that you have your Enterprise’s permission and authority to use the Service, and your Enterprise “User Content” subject to this Agreement, (ii) this Agreement is an agreement between you, individually, and Dimentrix Technologies, and (iii) your Enterprise is jointly responsible for your use of the Service.
If you are entering into this Agreement on behalf of an Enterprise, you represent that you have the authority to bind the Enterprise to this Agreement, in which case references to “you” in this Agreement shall mean the Enterprise. If you do not have such authority, you must not accept this Agreement and may not use the Service..
You can use DMXDeepInsight for your personal and business use. You can access DMXDeepInsight using any Internet browser it supports. You are responsible for obtaining access to the Internet and the equipment necessary to use this Website. You can create, edit, share, and publish your content with your user account.
We reserve the right to modify, suspend, or discontinue any functionality; wholly or partly, at any time and temporarily, or permanently, with or without notice. You agree that we will not be liable to you or any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the functionalities.
WWe may modify the Terms at any time and notify you through our Service announcement functionality or by sending email to your registered email address. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in use of the Service. If such termination occurs, you will be entitled to a prorated refund of the unused portion of any prepaid license fees. Your continuation of our Service after the effective date of any change to the Terms will be considered as your agreement to the modified Terms.
You cannot opt-out from receiving announcements and administrative messages from DMXDeepInsight.
Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged unless you have chosen a paid subscription plan.
You agree to be solely responsible for the contents of your transmissions through DMXDeepInsight. We reserve the right to terminate your access to DMXDeepInsight if there are reasonable grounds to believe that you have used this Service for (i) illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another; (ii) transmission of junk mail, spam, chain letters, phishing or unsolicited mass distribution of email.
We reserve the right to terminate free user accounts inactive for a continuous period of 30 days. This may happen with or without notice (such as an email or a system message). If such termination occurs, all data associated with such user account will be deleted.
Please refer to the "Data Policy" of DMXDeepInsight Free.
During signing-up with DMXDeepInsight, you agree the information you provide will be entirely truthful and accurate. If the information you provide to us changes, you agree to provide us with updated information promptly.
You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account, and you agree to inform us immediately of any unauthorized use of your user account by email to firstname.lastname@example.org.We are not responsible for any loss or damage to you or to any third party incurred because of any unauthorized access and use of your user account, or otherwise.
You can transmit or publish content created by you using DMXDeepInsight. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You ensure that you do not accidentally make any private content publicly available. Any content you may receive from other users, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
While using DMXDeepInsight, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s). By making any copyrighted/copyrightable content available, you affirm that you have the consent, authorization or permission from every person who may claim any rights in such content to make such content available in such manner. You expressly agree that DMXDeepInsight may block access to or remove such content provided by you if DMXDeepInsight receives complaints about any illegality or infringement of third party rights in such content. By using this Service and transmitting or publishing any content using this Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by DMXDeepInsight for this purpose.
The Service is available via a mobile device, including (i) the ability to upload/access/publish/share data from the Service via a mobile device, (ii) the ability to browse the Service from a mobile device, and (iii) the ability to access published visualizations from a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that DMXDeepInsight may communicate with you regarding DMXDeepInsight and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your mobile telephone number.
Any links on the site to third party websites are provided for your convenience only. If you choose to access third party websites or obtain the Service from third parties, you do so entirely at your own risk and such access is between you and such third party. DMXDeepInsight does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products, or services.
Your registration to use the service constitutes your consent to receive email communications from DMXDeepInsight, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the site and services, at any time by following the link included in the email messages.
All intellectual property rights in and to the User Content are and shall remain your property, and DMXDeepInsight shall acquire no right of ownership with respect to your User Content.
All intellectual property rights in and to the service and shall remain the sole property of DMXDeepInsight and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to DMXDeepInsight Service or IP except as specified in this Agreement. Without limiting the foregoing, you acknowledge that the service and the inventions, know-how and methodology embodied therein are proprietary to, and contain valuable trade secrets of, DMXDeepInsight and its affiliates and licensors, as applicable, and that the service constitutes confidential information of DMXDeepInsight. You may from time to time provide DMXDeepInsight with suggestions, comments, recommendations, improvements, solutions, bug fixes, features, concepts, techniques, ideas, know-how and/or any feedback regarding the services, and/or any of DMXDeepInsight’s related technologies (“feedback”). Any and all feedback is and shall be given entirely voluntarily. As between the you, DMXDeepInsight and, if applicable, your enterprise subscriber, all feedback shall be exclusively owned by DMXDeepInsight, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result DMXDeepInsight shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you, your enterprise subscriber (if applicable) or any other person or entity.
If we receive a complaint from any person against you regarding your activities in DMXDeepInsight, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy email@example.com in the communication. If you do not respond to the complainant within 10 days, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by us to the complainant.
Besides all other terms of this Agreement, you shall not: (i) transfer the Services or otherwise provide it to any third party; (ii) provide any Service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use this Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource; (vii) violate any local, state, national or international law; and (viii) create a false identity to mislead any person on the identity or origin of any communication.
Organizations are responsible for (i) ensuring confidentiality of your organization account and password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in your organization account comply with this Agreement, (iv) taking necessary steps that ensure your organization does not lose control of the administrator accounts, (v) managing third parties who assume the role of administrators in your organization.
All materials, including but not limited to sample dashboards and charts, support articles, images, text, and video clips are protected by copyright under copyright laws and owned or licensed by Dimentrix Technologies. DMXDeepInsight may also provide some sample files. The information in such sample files consists of random data. DMXDeepInsight makes no warranty, either express or implied, on the accuracy, usefulness, completeness or reliability of the information or the sample files.
DMXDeepInsight is the copyrighted work of Dimentrix Technologies. Copying or reproducing DMXDeepInsight to any other server or location for further reproduction or redistribution is strictly prohibited. You will not create derivative works of the application, or attempt to decompile or reverse-engineer the application unless otherwise permitted by law. Use of the application is subject to the license terms of any license agreement that may accompany or is provided with the application. You may not use this application until you have read and accepted the terms during signing-up.
DMXDeepInsight logo, the company name, and its logo are trademarks of Dimentrix Technologies. You agree not to display or use the Dimentrix trademarks, without Dimentrix Technologies prior permission. The absence of a product or Website name or logo anywhere in the text of this Website does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. DIMENTRIX TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIMENTRIX TECHNOLOGIES MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DIMENTRIX TECHNOLOGIES, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT DIMENTRIX TECHNOLOGIES SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DIMENTRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL DIMENTRIX TECHNOLOGIES ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Dimentrix Technologies, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, unless such use is authorized by Dimentrix Technologies.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Maharashtra, India without regard to any choice of law, conflicts of law or other principles that would result in the applicable of the laws or regulations of any other jurisdiction. Any legal action or proceeding relating to this Agreement shall be instituted in a state or high court in Pune, Maharashtra, India. You and Dimentrix Technologies agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Dimentrix Technologies. Dimentrix Technologies may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.