Get help in SlackTerms & Conditions
These Terms & Conditions (this “Agreement”) is entered into by and between Pavel Kuligin (“Data Lab”) and the entity or person placing an order for or accessing the Data Lab Services (“Customer” or “you”). This Agreement consists of the terms and conditions set forth below, any exhibits or addenda identified below and any Order Forms. If you are accessing or using the Data Lab Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING THE DATA LAB SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE DATA LAB SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT.
1. Definitions
1.1 - “Data Lab Code” means the software plugins, software application, and other software code provided by Data Lab to enable use of the Data Lab Service. 1.2 - “Data Lab Service” means Data Lab’s software-as-a-service platform and related development tools for website and mobile application accessibility. 1.3 - “Confidential Information” means code, inventions, know-how, product plans, and technical and financial information exchanged under this Agreement, that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed. 1.4 - “Customer Data” means any data collected from or by the Data Lab Service on behalf of Customer and any data or content that Customer provides to the Data Lab Service.
2. Account Registration and Use
2.1 - Customer may need to register for a Data Lab account in order to use the Data Lab Service. Account information must be accurate, current, and complete, and will be governed by Data Lab’s Privacy Policy. Customer agrees to keep this information up-to-date so that Data Lab may send notices, statements, and other information by email or through Customer’s account. Customer must ensure that any user IDs, passwords, and other access credentials for the Data Lab Service are kept strictly confidential and not shared with any unauthorized person. Customer will be responsible for any and all actions taken using its and its users’ accounts, passwords or access credentials. Customer must notify Data Lab promptly of any breach of security or unauthorized use of its account.
3. Use Rights
3.1 - Use of Data Lab Services. Subject to the terms and conditions of this Agreement, Data Lab grants Customer a non-exclusive, non-transferable, non-sublicensable right and license during the applicable Term to access and use the Data Lab Service, solely for Customer’s internal business purposes. The Data Lab Service may require installation of certain Data Lab Code within Customer’s development environment. In these cases, subject to the same conditions above, the rights granted in this Section further include the right to install and use the relevant Data Lab Code. 3.2 - General Restrictions. Customer must not (and must not allow any third party to): (i) rent, lease, copy, transfer, mirror, resell, sublicense, lease, time-share, distribute, or otherwise provide access to any portion of the Data Lab Service to a third party; (ii) modify or create a derivative work of the Data Lab Service or any portion of it; (iii) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any Data Lab Service (including Data Lab Code), except to the extent expressly permitted by applicable law and then only with advance notice to Data Lab; (iv) break or circumvent any security measures, rate limits, or usage tracking (such as event tracking) of the Data Lab Service; (v) access the Data Lab Service for the purpose of building a competitive product or service or copying its features or user interface; (vi) use the Data Lab Service for purposes of product evaluation, benchmarking, performance testing, or comparative analysis intended for publication; (vii) use the Data Lab Service in violation of applicable laws (including to conduct, promote or encourage any criminal or illegal activity or enterprise); or (viii) remove or obscure any proprietary, copyright, or other notices contained in the Data Lab Service, including in any reports or output obtained from the Data Lab Service. 3.3 - Customer Responsibilities. Data Lab Service provides tools for improving accessibility for the Customer Properties. However, Customer is solely responsible for the decisions and choices it makes while using the Data Lab Service, and Data Lab does not guarantee that the Customer Properties will necessarily comply with all applicable legal requirements through use of the Data Lab Service. The Data Lab Service, including the recommendations made therein, cannot be regarded as, nor does it substitute, any legal advice given by a professional or expert and Customer should consult with their own legal counsel as necessary.
4. Fees and Payment
4.1 - Fees. To the extent the Data Lab Services are made available for a fee, Customer agrees to pay all fees in United States Dollars. Data Lab’s fees are exclusive of all taxes, and Customer must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Data Lab. 4.2 - Credit Card Payment Terms. If Customer has signed up to pay via credit card, Customer shall provide its payment information to Data Lab or to one of its payment processors. Customer represents to Data Lab that is the authorized user of the card, PIN, key or account associated with that payment instrument, and Customer authorizes Data Lab to charge its credit card or other payment instrument for any funds or other fees (including transaction and credit card fees) incurred by you in connection with the Data Lab Services. In addition, Customer is solely responsible for either (a) enabling auto-recharge on Customer’s payment instrument or (b) ensuring that Customer’s payment instrument has a sufficient positive balance to cover all fees due. If, for any reason, Customer has a negative balance on its account(s), then Data Lab reserves the right to suspend access to the Data Lab Services.
5. Data Lab Technology
5.1 - Ownership and Updates. This is a term-limited agreement for access to and use of the Data Lab Service. Customer acknowledges that it is obtaining only a limited right to use the Data Lab Service and no ownership rights are transferred to Customer under this Agreement. Data Lab retain all rights, title and interest (including all intellectual property rights) in and to all Data Lab Technology, which is deemed Data Lab’s Confidential Information, and reserves any licenses not specifically granted in this Agreement. Other than the Data Lab Code, the Data Lab Service is offered as an online, hosted product. Accordingly, Customer acknowledges and agrees that it has no right to obtain a copy of the software behind any Data Lab Service. In addition, Data Lab may collect learnings, logs, and data regarding the performance and use of the Data Lab Service, and that Data Lab may make updates, bug fixes, modifications or improvements to the Data Lab Service from time-to-time.
This policy is effective as of 25 July 2024.