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Terms of Service

Please Read

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the datachroma.com website (the "Service") operated by Data Chroma (“us", "we", or "our"). By accessing the website at http://datachroma.com, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Use License

Permission is granted to access the materials (information or software) on Data Chroma's website and Software. This is the grant of a license, not a transfer of title, and under this license, you may not: copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial) other than through a direct integration via the Data Chroma Script; attempt to decompile or reverse engineer any software contained on Data Chroma's website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Data Chroma at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Data Chroma's website are provided on an 'as is' basis. Data Chroma makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Data Chroma does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. LimitationsIn no event shall Data Chroma or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Data Chroma's website, even if Data Chroma or a Data Chroma authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Subscription

The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Data Chroma cancels it. You may cancel your Subscription renewal either by contacting support@datachroma.com or by contacting the Data Chroma customer support team.A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide Data Chroma with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Data Chroma to charge all Subscription fees incurred through your account to any such payment instruments.Should automatic billing fail to occur for any reason, Data Chroma will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.For unpaid invoices, Data Chroma may involve third-party debt collection agencies to resolve your outstanding balance.

Free Trial

Data Chroma may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").You may be required to enter your billing information in order to sign up for the Free Trial.If you do enter your billing information when signing up for the Free Trial, you will not be charged by Data Chroma until the Free Trial expires.On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.At any time and without notice, Data Chroma reserves the right to
(i) modify the terms and conditions of the Free Trial offer
(ii) cancel such Free Trial offer.

Fee Changes

Data Chroma, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Data Chroma will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Data Chroma abides by local rules & regulations for Payments, Refunds, and Consumer Protection.All customers are eligible for a refund if:
a) You are unhappy for any reason within the first 7 days of using Data Chroma;We deal with any other refund requests on a case, by case basis. Please contact support@datachroma.com and we will work with you to resolve your issue or provide a full refund.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Account Reviews

Data Chroma conducts periodic, random reviews of campaigns & promotions to ensure compliance with our Terms of Service and protect our users.

Accuracy of Materials

The materials appearing on Data Chroma's website could include technical, typographical, or photographic errors. Data Chroma does not warrant that any of the materials on its website are accurate, complete, or current. Data Chroma may make changes to the materials contained on its website at any time without notice. However, Data Chroma does not make any commitment to update the materials.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links

Our Service may contain links to third-party websites or services that are not owned or controlled by Data Chroma. Data Chroma has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.The inclusion of any link does not imply endorsement by Data Chroma of the site. Use of any such linked website is at the user's own risk.You further acknowledge and agree that Data Chroma 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 web sites or services.We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Data Chroma and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out ofa) your use and access of the Service, by you or any person using your account and password;
b) a breach of these Terms
c) Content posted on the Service.

Links

Our Service may contain links to third-party websites or services that are not owned or controlled by Data Chroma. Data Chroma has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.The inclusion of any link does not imply endorsement by Data Chroma of the site. Use of any such linked website is at the user's own risk.You further acknowledge and agree that Data Chroma 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 web sites or services.We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Limitation Of Liability

In no event shall Data Chroma, nor its directors, employees, partners, agents, 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 Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service;
(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 of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.Data Chroma its subsidiaries, affiliates, and its licensors do not warrant thata) the Service will function uninterrupted, secure, or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components;
d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Data Chroma ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Data Chroma or any person for whom Data Chroma is responsible, and even if Data Chroma has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India, 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 between us regarding the Service.

Modifications

Data Chroma may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

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