Legal / Terms
These terms govern your use of the Datum website at datum.co. Please read them carefully. By using the site, you agree to them. If you use the Datum platform as a customer, a separate written agreement governs that use.
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These Terms of Service (the "Terms") are a binding agreement between you and Datum Systems, Inc. ("Datum," "we," "us," or "our"). They govern your access to and use of our website at datum.co and any related pages and content we make available (the "Website").
By accessing or using the Website, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Website.
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These Terms apply only to the Website. They do not govern the Datum platform or any other products or services we provide to customers. Access to and use of our platform is governed by a separate written agreement between Datum and the customer, such as a master subscription agreement, pilot agreement, evaluation agreement, and data processing addendum (the "Customer Agreement"). If there is any conflict between these Terms and a Customer Agreement with respect to the platform, the Customer Agreement controls.
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We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where appropriate, provide additional notice. Changes take effect when posted. If you continue to use the Website after changes take effect, you accept the revised Terms. If you do not agree to the changes, stop using the Website.
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Our Privacy Policy explains how we handle personal information collected through the Website. The Website is intended for businesses and professionals and is not directed to individuals under 18, and we do not knowingly collect personal information from anyone under 18. If you believe a minor has provided us personal information, contact us at info@datum.co.
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You represent that you are of legal age to form a binding contract and that you will use the Website only in compliance with these Terms and all applicable laws. If you use the Website on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and "you" refers to that organization.
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You agree not to, and not to attempt to:
Violating this section is grounds for suspension or termination of your access to the Website.
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The Website and its content, including text, graphics, images, layouts, diagrams, and software (the "Content"), are owned by Datum or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Content for your own informational and business evaluation purposes. All rights not expressly granted are reserved. You may not reproduce, modify, distribute, publicly display, create derivative works from, or otherwise exploit the Content except as expressly permitted by these Terms or with our prior written consent.
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"Datum," the Datum logo, and our other names, logos, and product names are trademarks of Datum Systems, Inc. Other names and marks appearing on the Website are the property of their respective owners. Nothing on the Website grants any license or right to use any trademark without the prior written permission of its owner.
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If you send us suggestions, ideas, or other feedback about the Website or our products, you grant Datum a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose, without any obligation or compensation to you.
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The Website may contain links to third-party websites and resources. We provide these links for convenience and do not endorse and are not responsible for the content, products, or practices of any third party. Accessing third-party sites is at your own risk and subject to their terms and policies.
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THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DATUM AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (THE "DATUM PARTIES") DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE DATUM PARTIES DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OF THE DATUM PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF THE DATUM PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
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You agree to defend, indemnify, and hold harmless the Datum Parties from and against any claims, damages, losses, liabilities, and expenses, including reasonable legal fees, arising out of or related to your use or misuse of the Website or your violation of these Terms or applicable law. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.
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We may suspend or terminate your access to all or part of the Website at any time, with or without notice, for any reason, including if we believe you have violated these Terms. We may also change, suspend, or discontinue the Website at any time. Sections that by their nature should survive termination, including Sections 7 through 17, will survive.
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These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California for any dispute arising out of or relating to these Terms or the Website, and you waive any objection to venue in those courts.
16
The Website is controlled and operated from the United States. You are responsible for complying with all applicable export control and sanctions laws. You represent that you are not located in, and are not a national of or ordinarily resident in, any country or region subject to comprehensive sanctions, and that you are not on any restricted or denied party list. You agree not to access or use the Website in violation of these laws.
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Questions about these Terms can be directed to: