Terms of Use – Datalemon.io

These Terms of Use (“Terms”) were last updated on September 7, 2023.

Kindly scrutinize the ensuing Terms with diligence, as they constitute a legally binding agreement between both parties and encompass crucial details regarding your legal entitlements, remedies, and responsibilities.

Greetings, and we thank you for your interest in Datalemon (hereinafter referred to as “Datalemon” or “we” or “us”). The Terms of Service presented here apply to our website located at www.Datalemon.io and any affiliated websites, hosted software, mobile, or other downloadable applications (collectively referred to as the “Datalemon website” or simply the “Website”). These also apply to any additional services we rendered (combined with the Datalemon website, referred to as the “Service”). Please be advised that these Terms of Service serve as a legally binding agreement between you and Datalemon concerning your utilization of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY ESTABLISHING AN ACCOUNT ON THE DATALEMON WEBSITE (“ACCOUNT”) OR BY DOWNLOADING, INSTALLING, OR OTHERWISE INTERACTING WITH OR UTILIZING THE SERVICE, YOU AFFIRM THAT YOU HAVE READ, COMPREHENDED, AND, AS A PREREQUISITE TO YOUR USE OF THE SERVICE, CONSENT TO BE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS. THIS INCLUDES THE PRIVACY POLICY SPECIFIC TO THE SERVICE (“PRIVACY POLICY”) AS WELL AS ANY ADDITIONAL REFERENCED POLICIES AND TERMS (COLLECTIVELY REFERRED TO AS “TERMS”). SHOULD YOU NOT MEET THE ELIGIBILITY CRITERIA FOR USING THE SERVICE (AS SPECIFIED WITHIN THESE TERMS) OR IF YOU DISAGREE WITH THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR UTILIZE THE SERVICE. YOUR ENGAGEMENT WITH THE SERVICE, ALONG WITH DATALEMON’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND DATALEMON BY THESE TERMS.

1.

Datalemon Service Overview

1.1

Datalemon is a full-service analytics and insight solution agency that provides the strategy, expertise, and tools to boost your digital strategy.

Our strategic approach to tracking turns data overwhelms into actionable insights. As partners in the digital marketing process, we play a vital role in driving sales and conversions while uncovering hidden opportunities.

1.2

Service offered.

We strive to provide accurate product descriptions, but we cannot guarantee that all product descriptions will be error-free. Datalemon is not obligated by or to that description in case of a clerical error.

The product images on our website are for illustrative purposes only and may not be an exact representation of the product or service. There may be differences in appearance, color, size, and other factors between the product as it appears on the website and the product.

2.

Eligibility.

To utilize the Service, you must be a minimum of 18 years of age. By assenting to these Terms, you hereby declare and assure us that: (a) you have attained the age of 18 or above; (b) you have never been suspended or expelled from the Service; and (c) your registration and subsequent usage of the Service are in strict compliance with all relevant laws and regulations. If you represent an entity, organization, or corporation, the individual who accepts these Terms on your behalf must possess the requisite authority to bind you legally to these Terms, and you consent to be bound by the stipulations contained herein.

3.

Accounts and Registration.

3.1

General

To access most Service features, you must register for an Account. When you register for an Account, you must provide us with information about yourself, such as your name, email address, date of birth, country or region of residence and phone number. You agree that the information you provide is accurate, complete, and not misleading and that you will always keep it accurate and up to date. When you register, you will be asked to create a username and password. You are solely responsible for maintaining the confidentiality of your Account and password, which includes not sharing your password or letting anyone else access or compromise your Account and restricting access to the Service from your compatible mobile device(s) and computer(s). You accept responsibility for all activities that occur under your Account. If you believe your Account is no longer secure, you must notify immediately of that problem at info@datalemon.io.

3.2

Offending Accounts.

Datalemon reserves the right to suspend or terminate access to any part of the Service, including fee-based sections, for any Account with outstanding, unpaid amounts. Accounts in arrears may also incur additional fees or charges related to chargebacks or the collection of due sums, including collection fees.

Should your payment method be invalid when a Subscription Fee is due, and if you fail to address the payment issues within any grace period Datalemon may offer, we reserve the right to suspend your access to the relevant Subscription Offering(s). In such a case, you may be utterly unenrolled from all applicable offerings within that Subscription Offering.

General Payment Terms

Certain functionalities of the Service may necessitate the payment of fees. You are accountable for settling all fees levied by or on behalf of Datalemon and any applicable taxes. These must be paid promptly using a payment method linked to the relevant product or service. Before incurring any fees, you will be granted the chance to review and consent to the charges and, where applicable, any additional Terms related to your purchase, such as expiration dates for course entitlements. Unless explicitly stated otherwise in these Terms, all fees denominated in any currency are non-refundable, save for instances covered by our Refund Policy or as mandated by law.

4.1

Pricing

Datalemon reserves the right to determine pricing for the Service. We will exert reasonable efforts to maintain up-to-date pricing information on the Service platform. Should Datalemon opt to modify the fees associated with any feature of the Service or introduce additional fees or charges, you will be provided with advance notification before implementing such changes. Datalemon may extend promotional offers featuring different pricing and attributes to any of its business partners or clientele at its sole discretion. Unless explicitly extended, such promotional offers shall not apply to your account. We also reserve the right to rescind a promotional offer should we ascertain that you are not eligible. Unless otherwise specified, the fees levied by Datalemon or any third-party payment processors engaged for the Service are comprehensive of all applicable taxes, duties, levies, or charges determined by the tax laws relevant to your country of residence.

The website may present various discounts and promotions. Datalemon is entitled to update any discounts and/or promotions at any time, at its sole discretion.

4.2

Authorization

You permit Datalemon to debit all amounts related to your purchases within the Service, as outlined in these Terms or as otherwise disclosed by Datalemon. This includes any applicable taxes using the payment method you’ve designated in your Account. Should you settle any fees via credit card, Datalemon reserves the right to seek pre-authorization of your credit card account before finalizing the transaction. This confirms the card’s validity and ensures sufficient funds or available credit to accommodate your purchase.

4.3

Subscription Offerings.

The Service may offer subscription-based plans with automatic recurring payments for periodic charges. These plans enable subscribers to enroll in the Certificate Track for various offerings, each known as a “Subscription Offering.” Some of these Subscription Offerings may include an initial free trial period. Details such as the free trial duration, the subscription period, and the associated Subscription Fee will be made clear at the time of your subscription.

Your paid subscription to a Subscription Offering will (i) begin on the day of your initial purchase, immediately following any applicable free trial. This date is referred to as the “Subscription Billing Date” and marks the start of the designated subscription period (“Initial Subscription Period”). Additionally, your subscription will (ii) automatically renew for subsequent periods of the same length unless either you cancel the subscription or we terminate it.

By subscribing to a Subscription Offering, you authorize Datalemon or its designated third-party payment processors to charge your account for all sums due continuously until either you cancel or we terminate the subscription. Your Account will be billed automatically on the Subscription Billing Date and each renewal date for all applicable Subscription Fees. These charges will be directed to the payment method associated with your Account or any other method you provide. You must promptly update any changes to your payment information.

4.4

Payments

1. Payment for the products will be made using a credit card or any similar service, as will be available on Datalemon’s website, from time to time at the sole discretion of Datalemon.
2. For any given order, you may be asked to provide credit card details, ID number, expiration date, or any other information as required by the credit card company or service.
3. Datalemon reserves the right to stop using any payment method on the service, to allow additional payment methods, and to apply different payment arrangements to different types of credit cards or payments.
4. Upon placing the order, Datalemon will check your payment method. Then, you will be notified that the order has been approved, and your account will be charged for the service cost.
5. If the transaction was not approved by your credit card provider or any other means of payment available, you will receive a notification.
6. If the credit company has mistakenly charged you, you must inform Datalemon immediately for a refund to be made.

4.5

Canceling a purchase

1. You may cancel a purchase under the provisions of the Consumer Protection Law and the regulations established pursuant thereto. Without derogating from:
2. Cancellation or refund of registration for courses and digital content purchased by you will not be possible as specified in section 14c(d) of the Consumer Protection Law. Having said that, and without being obliged, Datalemon will fully refund a purchase made for video content, assuming a. you didn’t watch that purchased content (not for a single second), b. 14 days passed at most, since the date of purchase.
3. After receipt of the transaction cancellation request by Datalemon, the amount paid by you will be refunded within 30 business days or any time frame that the credit card provider will determine.

5.

Licenses.

5.1

Limited License.

Subject to your complete and ongoing compliance with these Terms, Datalemon grants you, solely for your personal, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our services on a device that you own or control. 

5.2

License Restrictions

Except where such restrictions are expressly prohibited by applicable law, you are not permitted to (a) copy, distribute, publicly display, publicly perform, or create derivative works based on the Service; (b) modify the Service in any way; or (c) disrupt or bypass any security or access control features of the Service. If your use of the Service is disallowed by applicable law, you are prohibited from using it.

5.3

Your Feedback

We value and welcome feedback from our users. Should you decide to offer comments, insights, or suggestions on current features, issues, or potential enhancements or improvements to the Service (“Feedback”), you hereby grant Datalemon an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free license to utilize such Feedback for any purpose. This may include the improvement of the Service and the development of new products and services. Datalemon is not obligated to acknowledge or credit you for any Feedback you provide.

6.

Ownership; Proprietary Rights.

6.1

The Service is owned and operated by Datalemon. Elements such as visual interfaces, graphics, design, compilation, information, data, computer code (be it source code or object code), products, software, services, and all other components of the Service provided by Datalemon (“Materials”) are safeguarded by intellectual property laws and other relevant statutes. Except as explicitly authorized by Datalemon (as detailed in Section 5 (Licenses) of these Terms) or by the specific copyright holder, all Materials within the Service are the property of Datalemon and are not to be used by you. No licenses are implied within these Terms, and Datalemon retains all rights to the Materials not expressly granted herein.

7.

Modification of Terms.

We reserve the right to amend these Terms from time to time. We encourage you to review these Terms periodically for any updates. Any revisions will become effective immediately upon posting, except for existing users; significant changes will take effect 30 days after their posting or upon your notification unless stated otherwise. Continued use of the Service may necessitate your acceptance of the amended Terms. Should you disagree with the revised Terms, you are advised to initiate the deletion of your account and associated personal information.

8.

Term, Termination, and Modification of the Service.

8.1

Terms

These Terms become effective either when you accept them or commence using the service, and they remain in effect until terminated, as outlined in the relevant section herein.

8.2

Termination

Should you breach any provision of these Terms, your authorization to access the service and the Terms themselves will automatically cease. Furthermore, Datalemon reserves the right, at its sole discretion, to terminate these Terms and/or your account or to suspend or discontinue your access to the service at any time, for any reason or no reason at all, with or without prior notice, without incurring any liability to you. You are free to terminate your account and these Terms at your discretion.

8.3

Effect of Termination

Upon the termination of these Terms, the following will apply: (a) your license and all related rights will be revoked, necessitating the immediate cessation of all use of the service; (b) you will no longer be permitted to access your account or the service; (c) any outstanding amounts payable to Datalemon must be settled forthwith; and (d) all financial obligations accrued before termination, along with other sections of these Terms will continue to be in effect.

If your account is terminated due to violating these Terms, you are prohibited from establishing a new account under a different name, email address, or any other form of account verification.

8.4

Modification of the Service

Datalemon reserves the right to alter or discontinue any part or the entirety of the service at its discretion, temporarily or permanently, without prior notice to you. Datalemon shall not be liable for any modifications to the service, including any changes to paid features, or for suspending or terminating your access to the service.

Datalemon is obliged to make the service available for at least 90 consecutive days.

Datalemon will do everything in its power to supply high availability of 99.9% of the time for its services. Having said that, you understand that we are entirely dependent on third-party web service; therefore, if such a third party ceases its service for a short time, we will not be liable for any damages that may occur. No refund will be made for such a problem.

9.

Indemnity.

To the maximum extent allowed by law, you are solely responsible for using the service. You agree to defend and indemnify Datalemon, its affiliates, directors, managers, members, officers, employees, consultants, and agents (collectively, the “Datalemon Entities”) against any claims brought forth by third parties, as well as any related liabilities, damages, losses, and expenses, including legal fees and costs. This indemnification applies to cases arising from (a) your unauthorized or improper use of the service; (b) your breach of any part of these Terms, any associated representations, warranties, or agreements, or any applicable laws or regulations; (c) your infringement of any third-party rights, including intellectual property, publicity, confidentiality, property, or privacy rights; or (d) any conflicts or issues between you and a third party. At our own expense, we reserve the right to assume exclusive defense and control of any matter otherwise subject to your indemnification without negating your obligations. You agree to cooperate with our defense against those claims in such instances.

10.

Disclaimers: No Warranties by Datalemon.

10.1

The Service, along with all materials and content accessible through it, is provided “as is” and on an “as available” basis. Datalemon disclaims all warranties, express or implied, of the service and all materials and content available. This includes but is not limited to (a) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and (b) any warranty arising from the course of dealing, usage, or trade. Datalemon will not guarantee that the service, any part thereof, or any materials or content offered through the service will be uninterrupted, secure, or free from errors, viruses, or other detrimental components. Furthermore, there is no warranty that any such issues will be rectified. Be advised that course content may change, and courses may become unavailable.

10.2

No advice or information, whether oral or written, acquired by you from the service, Datalemon Entities, or through any materials or content available via the service will establish any warranty not explicitly outlined in these Terms. We bear no responsibility for any damage arising from your use of the service. You acknowledge and agree that using the service, or any part thereof, is at your discretion and risk. We are not liable for any damage to your property, including but not limited to your computer system or mobile device used in association with the service, nor for any data loss.

10.3

This section’s limitations, exclusions, and disclaimers are enforceable to the maximum extent permitted by law. Datalemon will not waive any warranty or other rights that it is legally prohibited from disclaiming under applicable law.

11.

Limitation of Liability

11.1

To the maximum extent allowed by law, Datalemon Entities shall NOT be liable to you for any indirect, incidental, special, consequential, or punitive damages. This includes damages for loss of profits, goodwill, or any other intangible losses arising from or related to your access to, use of, or inability to access or use the service or any materials or content on the service. This limitation applies regardless of the legal theory on which the claim is based, be it warranty, contract, tort (including negligence), statute, or any other legal doctrine, and whether Datalemon Entities has been made aware of the possibility of such damages.

11.2

Except as specified in any sections of these, and to the fullest extent allowed by law, the collective liability of Datalemon Entities for all claims arising from or related to your use or inability to use any part of the service or otherwise under these Terms, whether framed in contract, tort, or any other legal theory, shall be limited to the greater of (a) the amount you have paid to Datalemon for access to and use of the service in the 12 months preceding the event or circumstances leading to the claim, or (b) US $100. The lower amount from above (a) & (b).

11.3

Each clause within these Terms stipulates a limitation of liability, a disclaimer of warranties, or an exclusion of damages allocates risks between the parties per these Terms. This risk allocation is a fundamental component of the agreement between the parties. Each such provision is severable and operates independently of all other clauses in these Terms. The constraints outlined in this section shall remain applicable even if any limited remedy specified herein fails to fulfill its essential purpose.

12.

Miscellaneous.

12.1

General Terms

These Terms and any other agreements explicitly incorporated herein by reference constitute the complete and exclusive understanding and agreement between you and Datalemon concerning your use of the Service. You may not transfer or assign these Terms or any rights granted under them, either in whole or in part, by operation of law or otherwise, without our prior written approval. We reserve the right to assign these Terms and any rights conferred by them at any time without requiring notice or consent. Failure to enforce any provision at a particular time will not waive our right to enforce it later. Additionally, any waiver of a breach or default of these Terms will not constitute a waiver of any subsequent breach or default or of the provision itself. Section headers in these Terms are used for convenience only and will not affect the interpretation of any provision. The term “including” within these Terms is understood as “including but not limited to.” Should any portion of these Terms be deemed invalid or unenforceable, that portion will be enforced to the maximum extent permissible, and the remaining portions will continue in full force and effect.

12.2

Governing Law

These Terms are governed by the laws of the State of Israel, without regard to conflict of law principles. You and Datalemon submit to the personal and exclusive jurisdiction of courts located solely in Tel Aviv, Israel, to resolve any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Tel Aviv, and we make no representation that the materials included in the Service are appropriate or available for use in other locations.

12.3

Privacy Policy

Kindly review the Privacy Policy attentively for details concerning your personal information collection, utilization, storage, and disclosure. The Privacy Policy may be updated periodically, and when significant modifications are made, notice will be provided either through the Datalemon Site or via other means of notification. The Privacy Policy is hereby incorporated into these Terms by reference and forms an integral part.

12.3

Contact Information

Datalemon, located at 14 Weisel St. Tel Aviv 6424116, Israel , offers the Service.

You may contact us by sending correspondence to that address or by emailing us at info@datalemon.io

support, the support will be subject to published policies.

12.4

International Use

Access to the Service is strictly prohibited in countries or territories or by individuals where such access is deemed illegal.

13

Confidentiality and privacy

Datalemon will keep your minimal needed personal details such as Your name, email address, etc.

Datalemon will not use your payment method details except for making a payment for a transaction you initiated. These details will not be transferred to any third party except for this purpose. To avoid any doubt, the details of the payment methods are not saved in our databases unless you explicitly agree. 

With the exceptions herein, Datalemon will not transfer your details to any third party.

Notwithstanding the above, Datalemon may transfer your details to a third party in the following cases: a. If you committed an act or omission that harms and/or may harm the website and/or any third parties. b. If you used the services of the website to commit an illegal act. c. If we will receive a judicial order instructing us to hand over your details to a third party. d. In any dispute or legal proceedings.

Without identifying your personal information, we may use your details to analyze statistical data and present and/or provide it to third parties.

When you browse our website, the website’s servers may collect certain information automatically, such as tracking your activity on the website or pages you visited, tracking your use of the website or pages visited, your IP address, protocols, device types, and browsers, 

You allow us to use “cookies” to provide you with a fast and efficient service and save you from having to enter your personal information every time you enter the website.

Although we are doing everything in our power to protect your and our data, Datalemon cannot guarantee absolute immunity against intrusion into its computers or disclosure of the stored information by perpetrators of illegal operations. If it is possible for a third party to penetrate the information kept by us and/or misuse it, you will not have any claim or demand against us.

In the event of cases beyond the control of the website management and/or resulting from force majeure, the website management will not be responsible for any damage of any kind, indirect or direct, caused to the customer and/or to anyone on behalf of the customer with this information being lost or if it is used unauthorized.

For a more comprehensive understanding of our privacy practices and how we handle your data, please refer to our Privacy Policy. This policy outlines in detail how we collect, use, and protect your personal information.