Last updated: 11/04/2020

1. Introduction

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://delight.datamechanics.co (the “Site”) by Data Mechanics Inc. (the “Service”).

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://www.datamechanics.co/privacy-policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

By using this, you represent (promise) that (1) you have read, understand, and agree to be bound by these Terms of Service, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into these Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to this Agreement. In the event you are agreeing to this Agreement on behalf of a company or organization, “Customer,” “you,” and “your” will refer to the entity you are representing. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at delight@datamechanics.co so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being responsible.

2. Communications

By creating an account on our Service (your “Account”), you agree to subscribe to newsletters, marketing or promotional emails, materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

3. Use of the Service

We grant to you, during the term of these Terms, the right to use and access the Service for your internal business purposes only in accordance with these Terms and our Privacy Policy. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We may choose to modify or discontinue the Service, including any portions of the Service, as we update our offerings and add more features. We may stop, suspend, or modify the Service and related services at any time without prior notice to you. If we suspend or terminate your use, we will try to let you know in advance if practicable. Your employees and contractors may access and use the Service on your behalf (each, a “User”). Each User may be required to provide a username, email address, password, or other personal information (“Login Credentials”) to create and manage an Account  and must keep its Login Credentials confidential and not share them with anyone. We use and collect Login Credentials for account management and support in accordance with our Privacy Policy. You are responsible for your Users’ compliance with these Terms and the actions taken through the Account. If you become aware of any compromise of a User’s credentials, you will let us know as soon as possible.

4. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

1. In any way that violates any applicable national or international law or regulation.

2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

5. In any way that infringes upon the rights of others (including privacy rights), or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

4. Use any device, software, or routine that interferes with the proper working of Service.

5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

8. Take any action that may damage or falsify Company rating.
9. use the Service to develop a similar or competing product or service;
10. obtain or attempt to obtain the Service by any means or device with intent to avoid paying the fees (if any) that would otherwise be payable for such access or use;
11. reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Service or any related features;
12. modify or create derivative works of the Service or copy any element of or related features with the Service;
13. publish benchmarks or performance information about the Service;
14. use the Service on behalf of, or to provide any product or service to, third parties; or
    Otherwise attempt to interfere with the proper working of Service.
    

5. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

In order to provide you and our other customers with the benefits of our Service, we may collect and process utilization statistics and other technical data (e.g. page load data) regarding use, configuration, and deployment of the Service to operate, manage, improve, instrument, benchmark, and support the Service; provided, however, that we will not disclose any information derived from such data if doing so would make it possible for a third party to identify you or any individual natural person.

6. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

7. Customer Data; License Grant; Prohibited Data

Any data, information, or content that you or your Users send to an Account or which is collected from your Account is “Customer Data.” In order to provide the Service, you grant us a non-exclusive, worldwide right to use, copy, store, transmit, display, modify, and create derivative works of the Customer Data, to the extent necessary to manage, improve, and provide the Service and related services, as well as to provide any support we may offer.

Despite any of the foregoing, you agree that you and your Users will not transmit to us or to the Service by any means any personal information, personally identifiable information, or personal health information (or any other similar information) as such terms are defined and interpreted under any applicable privacy laws, including but limited to the California Consumer Privacy Act, the Gramm-Leach-Bliley Act found at 15 U.S.C. Subchapter 1, §6809(4), the Health Information Portability and Accountability Act of 1996 and the rules promulgated thereunder (“HIPAA”), and the EU Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and/or other applicable data protection or national/federal or state/provincial/emirate privacy legislation in force, including where applicable, statues, decisions, guidelines, guidance notes and codes of practice issued from time to time by courts, data protection authorities and other applicable government authorities.

8. Intellectual Property

Neither Party grants the other any rights or licenses not expressly set out in these Terms. Except for your licensed rights expressly granted in these Terms, we and our licensors retain all intellectual property and other rights in the Service, any related documentation, and our related technology, services, templates, formats, and dashboards, including any modifications or improvements to these items made by us. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Data Mechanics, Inc.

9. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to delight@datamechanics.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

10. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at delight@datamechanics.co

11. Error Reporting and Feedback

You may provide us directly at delight@datamechanics.co with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) we may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

12. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Data Mechanics Inc

Data Mechanics, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT DATA MECHANICS, INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

13. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend us from and against any third-party claim to the extent related to or arising from the Customer Data or you (or your Users’) breach or alleged breach of (a) these Terms, or (b) any applicable law or regulation, and you will hold harmless and indemnify us against any damages or costs awarded against us (including reasonable attorneys’ fees) or agreed in settlement by you resulting from the claim. You may not settle any claim without our prior written consent if settlement would require us to admit fault or take or refrain from taking any action.  We may participate in a claim with our own counsel at our own expense.

15. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCEW WILL WE OR \ OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE UNDER FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER ARISING (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICE]. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service. 

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

18. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

19. Amendments To Terms

The most current version of these Terms will be posted on the Site. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Any changes to these Terms will be effective immediately for all users in instances to comply with applicable law, and for new users of the Service. For all other users, any changes to these Terms will be effective as of fifteen days after posting notice of such changes on the Site. We may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. If you do not agree to any change(s), you may notify us of any objection by emailing at delight@datamechanics.co. Your sole remedy is to stop using the Service by closing your Account. Otherwise, your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

20. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

21. Third-Party Services

You may choose to use the Service together with Third-Party Services. You acknowledge that Third-Party Services do not form part of the Service and that your use of Third-Party Services is subject to your agreement with the relevant provider and not these Terms. For clarity, because Third-Party Services are not controlled by us and do not form part of the Service, we bear no responsibility or liability for Third-Party Services, including their security, availability, functionality, or inoperability.

22. Publicity

You grant to us permission to use your name and logo(s) in connection with promotion of the Service. Except as expressly set forth in this Section, nothing in these terms gives either party any right, title or interest in the other party’s logos, trademarks, service marks or trade names.

23. Free Service Only; Entire Agreement

These Terms apply to the free Service only, and do not apply to any paid Data Mechanics offering. Paid subscription to Data Mechanics products or services will be governed by the separate terms and conditions agreed between you and us. These Terms, including all applicable license agreements, constitute the complete and exclusive understanding of the parties, and supersede all prior and contemporaneous sales proposals, negotiations and agreements, all terms and conditions included as part of orders and all other representations or communications, whether oral or written, with respect to the subject matter hereof. Any additional or different terms and conditions contained on, referenced by or incorporated into any purchase order from you, if any, are expressly rejected and shall not be considered an amendment to these Terms.

24. Contact Us

Please send your feedback, comments, requests for technical support by contacting Spot by NetApp at https://spot.io/products/ocean-apache-spark/