Terms & Conditions

Terms and conditions

Definitions

In these Terms of Service ("Terms"), the following terms will have the meanings set forth below. Any capitalized terms not defined herein will have the meaning as defined in the applicable Order:

1. "Agreement" means these Terms of Service, any Orders incorporating these Terms, the Data Processing Addendum (DPA), and any other terms referenced herein.
2. "My Data Value LIMITED" refers to My Data Value LIMITED, a company registered in the United Kingdom. All references to My Data Value LIMITED herein apply to its service offerings.
3. "Customer Data" means any data submitted by the Customer to My Data Value LIMITED's platform for data analysis. Customer Data is considered the Customer’s Confidential Information. The Customer retains all rights, title, and interest in and to the Customer Data.
4. "DPA" means the Data Processing Addendum located at [Your Website's DPA URL], as updated from time to time.
5. "Documentation" refers to the printed and digital instructions, help files, technical documentation, and user manuals provided by My Data Value LIMITED describing the platform's operation.
6. "Order" signifies any document signed by both parties that outlines the services provided by My Data Value LIMITED, including pricing and subscription details.
7. "Platform" denotes the data analytics platform provided by My Data Value LIMITED, available as a software service to the Customer.

Subscription Services

License to Services: My Data Value LIMITED grants the Customer a non-exclusive, non-sublicensable, non-transferable right to access and use the Platform in line with the Documentation and under the terms of the Order, solely for the Customer's internal business purposes.

Customer Data

License to Customer Data: The Customer grants My Data Value LIMITED a non-exclusive, royalty-free, worldwide license to use the Customer Data as necessary to provide the Platform and improve My Data Value LIMITED’s products and services.

Fees

Payment: The Customer agrees to pay My Data Value LIMITED the fees outlined in the Order. All payments are due within 30 days of the invoice date unless otherwise specified.

Proprietary Rights and Confidentiality

Ownership: My Data Value LIMITED retains all rights, title, and interest in the Platform and Documentation. Customer feedback provided to My Data Value LIMITED grants them a right to use such feedback for any purpose.

Term and Termination

1. Term: This Agreement commences on the Effective Date and continues until terminated as per the terms outlined herein.
2. Termination: Either party may terminate the Agreement for breach if such breach is not cured within 30 days after written notice.

Limitation of Liability

1. General Limitation: To the fullest extent permitted by law, in no event will My Data Value LIMITED, its directors, employees, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
2. Cap on Liability: My Data Value LIMITED's total liability to you from all causes of action and under all theories of liability will be limited to the amount you paid to My Data Value LIMITED for the use of the Platform in the 12 months preceding the claim or £100, whichever is greater. This cap does not apply to liability resulting from My Data Value LIMITED's gross negligence or willful misconduct.
3. Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
4. Essential Basis: The limitations and exclusions of liability set out in this section form an essential basis of the agreement between you and My Data Value LIMITED. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed their essential purpose.

Disclaimers

1. Service "As Is": The services provided by My Data Value LIMITED, including all software, data analytics, platforms, and related materials (collectively, "Services"), are offered on an "as is" and "as available" basis. My Data Value LIMITED expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements or expectations, be uninterrupted, timely, secure, or error-free, or that defects in the Service will be corrected.
2. Accuracy of Data: While My Data Value LIMITED strives to ensure that the data and analysis provided through our Services are accurate and reliable, we cannot guarantee the accuracy, completeness, or usefulness of any information on the Service. The Customer acknowledges that reliance on any information provided by the Service is solely at their own risk. My Data Value LIMITED is not responsible for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
3. Third-Party Links: The Service may contain links to third-party websites or services that are not owned or controlled by My Data Value LIMITED. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that My Data Value LIMITED 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
4. No Legal Advice: Information provided through the My Data Value LIMITED Service is for informational purposes only and should not be considered legal advice. Users of the Service should consult with their own legal advisors before making any legal decisions.
5. User Responsibility: The Customer is solely responsible for any conclusions, decisions, or actions taken based on the data analysis or information provided through the My Data Value LIMITED Service. My Data Value LIMITED is not liable for any outcomes resulting from the interpretation or use of the data and information provided.
6. Changes to Service: My Data Value LIMITED reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that My Data Value LIMITED will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
7. User Content: My Data Value LIMITED does not claim ownership of the data (Customer Data) submitted to the Service. However, by submitting Customer Data, you grant My Data Value LIMITED a worldwide, royalty-free license to use, reproduce, display, perform, and distribute this information for the purpose of providing and improving the Service.

By using the My Data Value LIMITED Service, you acknowledge and agree to these disclaimers. Your use of the Service is at your sole risk.

Compliance with Laws

Legal Compliance: The Customer warrants that their use of My Data Value LIMITED's services will comply with all applicable laws.

Miscellaneous

1. Amendments: My Data Value LIMITED may amend these Terms from time to time, with such amendments effective upon notice to the Customer.
2. Governing Law: This Agreement shall be governed by the laws of the United Kingdom, without regard to its conflict of law provisions.

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