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TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. Your access to and use of the Data Conductor Platform is subject to these Terms and by accessing the Data Conductor Platform you signify your consent to these Terms of Service. If you do not agree to these Terms, please do not use the Data Conductor Platform. If you are acting on behalf of any entity, you represent that you have authority to legally bind that entity.
Data Conductor provides its services (as defined below) to you through the Data Conductor website located at https://dataconductor.io/ (“the Site”), subject to this Terms of Service (“TOS”). By accepting these Terms or by accessing or using the Service or Site, you acknowledge that you have read, understand, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates in these Terms, in which case the terms “You” and “Your” will refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services. You may not use the Service if you are a competitor to Data Conductor. You may not use the service if you are under the age of 18.
Description of the Service
These Terms governs your use of and access to the sites, templates, experiences, integrations and features (collectively, the "Services") provided by Data Conductor, including without limitation during free trials, on the website and associated domains of https://dataconductor.io/. The Service is an analytics and reporting solution that helps customers connect their online data to Looker Studio.
Privacy
Your use of Data Conductor is subject to Data Conductor Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Data Conductor's privacy policy can be found here: https://dataconductor.io/privacy
Modifications
Data Conductor reserves the right, at its sole discretion, to modify the Site, Content or this Agreement, by making those modifications available on the Site or by providing notice to You as specified in this Agreement. We will also update the “Last Updated Date” at the top of these Terms. Modifications will be effective immediately upon posting on the Site or such other notice. You may cease using the Site at any time if you do not agree to any modification. However, You will be deemed to have agreed to such modification through Your continued use of the Site following such notice.
Electronic Communications
Visiting Data Conductor or sending emails to Data Conductor constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Third Parties
The Service allows you to gather data from multiple third party data sources and services, including various third party websites (“Third Party Services”). You acknowledge and agree that Data Conductor is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Data Conductor. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
The Third Party Services from which data can be acquired is selected by Data Conductor at its sole discretion. Data Conductor may change such available sources in accordance with the TOS. Data Conductor may discontinue Third Party Services at any time at its sole discretion or if the service providers discontinue providing such services to Data Conductor.
Data Conductor assumes no liability whatsoever for the data or other content collected from Third-Party Services. You are solely responsible for ascertaining that you have the right to use the Service for gathering and processing any such data by using the Service, and you must obtain any such consents and authorizations as may be needed from time to time in relation to such data or other content and their processing by using the Service. The Service may be used as an add-on to various Third-Party Services and software. We do not assume any liability for such Third-Party services or software, and you are exclusively responsible for obtaining any necessary licenses or consents needed for their use. You must familiarize yourself with the applicable terms and conditions, including any restrictions on use, in relation to any such Third-Party Services and you agree to comply with such third-party terms and conditions in addition to the terms of these Terms.
With Google services, our tools will only have rights to access your Google Analytics/Ads/YouTube data (depending on which service you are logging in to), nothing else on your Google account. You can revoke Data Conductor's right to access your data at any point from your Google account control panel (https://security.google.com/settings/security/permissions). For your reference, you should view the Terms of Service for Youtube (https://www.youtube.com/static?template=terms), and Google Analytics (https://www.google.com/analytics/terms/us.html), as well as Google’s Privacy Policy (https://policies.google.com/privacy) as you will be bound to these terms when you connect and fetch your data from these services.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Data Conductor used herein are trademarks or registered trademarks of Data Conductor. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Data Conductor is not responsible for third party access to your account that results from theft or misappropriation of your account.
Term
When you sign up for an account and agree to these Terms, the Agreement between you and Data Conductor. is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have an Data Conductor account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf. If we terminate your paid account without cause, we’ll refund a prorated portion of your monthly prepayment for a Monthly Plan. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your campaigns, lists, reports, etc.
Termination/Access Restriction
Data Conductor reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Data Conductor as a result of this agreement or use of the Site. Data Conductor's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Data Conductor's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Data Conductor with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Data Conductor with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Data Conductor with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Payments
Except with respect to any “free plan” or “free trial” of the Service, you will be required to select a subscription plan and provide Data Conductor information regarding your credit card or other payment instruments accepted by Data Conductor. You will be responsible for payment of the applicable fee for any Service (each, a “Service Subscription Fee”) at the time you create your account and select your subscription plan (each, a “Service Start Date”). Except as set forth in the TOS, all fees for the Service are non-refundable. No contract will exist between you and Data Conductor for the Service until Data Conductor accepts your order by an online purchase made using a credit card or other accepted payment instrument.
Data Conductor fees are net of any applicable Sales Tax (as defined below). If any Service, or payments for any Service, under the TOS are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Data Conductor, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Data Conductor for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Data Conductor is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Your subscription will continue indefinitely until terminated in accordance with the TOS. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Contract Renewal Date”) and continue for an additional equivalent period, at Data Conductor's then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription prior to the Contract Renewal Date (or in the event that you receive a notice from Data Conductor that your subscription will be automatically renewed, you will have thirty (30) days from the date of the Data Conductor notice), by logging into and going to the “Account” page.
If you do not wish your account to renew automatically, or if you want to terminate your subscription, log in and go to the “Account” page, where you may change your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Data Conductor to charge your payment provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Data Conductor does not receive payment from your payment provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Data Conductor may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
You represent and warrant to Data Conductor that any payment and billing information provided hereunder is, and will be maintained as, true, complete, accurate, and up to date, and that you are authorized to use such payment instrument.
All fees may be changed by Data Conductor at any time and such increased fee amount will be notified to you and applicable in the following billing cycle (or such other future time notified to you by Data Conductor). Data Conductor may charge fees for features of the Service that were previously free. Unpaid trial use of the Service is subject to limitations, as may be described in our documentation or otherwise on our Site.
Compliance
You agree to comply with all applicable rules and regulations, and local, state, national or international laws in connection with your access and use of the Service. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (“EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws.
If you collect any personal information pertaining to a minor and store such information within your Data Conductor account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.
International Users
The Service is controlled, operated and administered by Data Conductor from our offices within the USA. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.
Marketing
Data Conductor reserves the right to use your name and/or company name, logo, Sites and trademarks and to identify you as a Data Conductor user or customer, and for other similar marketing or promotional purposes on Data Conductor's website and in other communications and collateral materials provided to with existing or potential Data Conductor customers, partners, and investors. To decline Data Conductor this right you may email support@dataconductor.io stating that you do not wish to be used as a reference.
Representations and Warranties and Disclaimer
You represent and warrant to Data Conductor that (i) you have full power and authority to enter into these Terms; (ii) you own all User Content that you upload or post, or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Data Conductor to perform its obligations and exercise its rights) in connection with the Services without obtaining any further releases or consents; (iii) your User Content and other activities in connection with the Service, and Data Conductor's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does your User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; (iv) you are eighteen (18) years of age or older, and (v) you have provided true, accurate, and correct information to Data Conductor in connection with your account creation and use of the Service. THE SERVICE, INCLUDING THE SITE AND DATA CONDUCTOR'S CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND DATA CONDUCTOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DATA CONDUCTOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, OR WILL WORK WITH OR NOT INTERRUPT OR DAMAGE YOUR THIRD PARTY SERVICE OR YOUR USER CONTENT (INCLUDING ANY CONTENT YOU MAY STORE ON YOUR THIRD PARTY SERVICE), AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM DATA CONDUCTOR OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATA CONDUCTOR OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL DATA CONDUCTOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER these Terms BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT DATA CONDUCTOR IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DATA CONDUCTOR LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SITE OR SERVICE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. TO THE EXTENT THAT THE LAWS OF SUCH JURISDICTIONS APPLY, DATA CONDUCTOR'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification and Release
You will defend, indemnify, and hold harmless Data Conductor from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms; any of your User Content, your other access, contribution to, use or misuse of the Service; or your violation of any applicable laws, rules, or regulations. Data Conductor will provide notice to you of any such claim, suit or demand. Data Conductor reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Data Conductor defense of such matter. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Miscellaneous
The failure of Data Conductor to exercise or enforce any right or provision of these Terms will not be a waiver of that right. You acknowledge that these Terms are a contract between you and Data Conductor, even though it is electronic and is not physically signed by you and Data Conductor, and it governs your use of the Service and takes the place of any prior agreements between you and Data Conductor. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Contact Us
If you have any questions about these terms, please contact us at:
Email Address: support@dataconductor.io
