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Terms Of Service
Last Modified: May 10, 2024
1. Introduction
1. The Terms of Use outlined below govern your use of the datamaxiplus.com website and mobile application, collectively referred to as the "Platform," along with its associated content, features, software, and applications, collectively known as the "Service." These Terms, which also incorporate our Privacy Policy available at DataMaxi+ privacy policy, regulate the utilization of the Platform. BISONAI PTE. LTD.("Bisonai") is responsible for the administration and maintenance of the Platform and Service, using the terms "we," "us," and "our" interchangeably with DataMaxi+. The term "you" signifies the individual who accesses the Platform.
2. Please carefully read and consider these Terms, as they encompass vital information about your legal rights. This includes limitations on DataMaxi+'s and specific third parties' liability, disclaimers of warranties, and an acceptance of jurisdiction. By accessing the Service through any means, such as the Internet or a mobile device, you are bound by an irrevocable agreement to comply with the version of the Terms posted on the Platform at the time of access. Your use of the Platform or the Service signifies your acceptance of these Terms.
2. Please carefully read and consider these Terms, as they encompass vital information about your legal rights. This includes limitations on DataMaxi+'s and specific third parties' liability, disclaimers of warranties, and an acceptance of jurisdiction. By accessing the Service through any means, such as the Internet or a mobile device, you are bound by an irrevocable agreement to comply with the version of the Terms posted on the Platform at the time of access. Your use of the Platform or the Service signifies your acceptance of these Terms.
2. Eligibility
1. To avail yourself of the Service, it is a prerequisite that you have reached the legal age in your jurisdiction. The Service is exclusively intended for your personal, non-commercial use, unless a distinct agreement for commercial use is established between you and us. Access to the Service is prohibited if we have terminated any of your accounts or if you have been barred from utilizing the Platform or the Service.
3. User Account
1. In order to access certain sections of the Service, it is requisite to possess an account with DataMaxi+ ("Account"). By creating an Account, you affirm and guarantee that you have reached the legal age in your jurisdiction, possess the capacity to enter into and fulfill legally binding contracts according to applicable laws, and all information provided by you is accurate, current, truthful, and complete.
2. You bear sole responsibility for all activities carried out under your Account. We disclaim any responsibility if your password and/or Account are unlawfully accessed or utilized by a third party. Consequently, you commit to maintaining the security of your password and ensuring the accuracy of your account information at all times.
3. Unless expressly sanctioned by DataMaxi+ and subject to the Terms, along with any other supplementary terms as solely determined by DataMaxi+, you are prohibited from establishing multiple Accounts. Transferring, lending, or selling your Account or Account information to another party is strictly forbidden, and the use of another user's Account necessitates their written consent.
4. DataMaxi+ may periodically reach out to you via the email address provided during your Account registration. Opting out of such communications is not feasible, and it is your responsibility to guarantee the accuracy and currency of your email address. If you fail to receive any communications due to an erroneous, outdated, or incomplete email address, DataMaxi+ shall not be held liable for any resulting losses or damages.
2. You bear sole responsibility for all activities carried out under your Account. We disclaim any responsibility if your password and/or Account are unlawfully accessed or utilized by a third party. Consequently, you commit to maintaining the security of your password and ensuring the accuracy of your account information at all times.
3. Unless expressly sanctioned by DataMaxi+ and subject to the Terms, along with any other supplementary terms as solely determined by DataMaxi+, you are prohibited from establishing multiple Accounts. Transferring, lending, or selling your Account or Account information to another party is strictly forbidden, and the use of another user's Account necessitates their written consent.
4. DataMaxi+ may periodically reach out to you via the email address provided during your Account registration. Opting out of such communications is not feasible, and it is your responsibility to guarantee the accuracy and currency of your email address. If you fail to receive any communications due to an erroneous, outdated, or incomplete email address, DataMaxi+ shall not be held liable for any resulting losses or damages.
4. Use of Service and Content (License)
1. Your utilization of the Service must strictly adhere to the permissions explicitly granted in these Terms. All rights that are not expressly conferred upon you are reserved by DataMaxi+, its third-party providers, and any other relevant owners.
2. DataMaxi+ delivers content via the Service, which constitutes copyrighted and/or trademarked work either owned by DataMaxi+ or its third-party licensors and suppliers (collectively referred to as "Content"). Content encompasses all materials accessed by you at any given time. You recognize that the Service's development, compilation, preparation, revision, selection, and arrangement involve substantial time, effort, and financial investment by DataMaxi+ and third parties. It represents valuable intellectual property belonging to DataMaxi+ and others involved. Consequently, you are obligated to safeguard DataMaxi+'s proprietary rights and those of others with rights in the Service throughout and after the term of these Terms. Compliance with DataMaxi+'s written requests to protect contractual, statutory, and common law rights in the Service is mandatory.
3. Subject to the conditions outlined in these Terms and your adherence to them, DataMaxi+ grants you a limited, personal, non-exclusive, non-sublicensable, and non-transferable license for the sole purpose of using the Content and the Service for personal use. Any commercial use of the Service or its Content is strictly prohibited. Aside from this granted license, you possess no other rights to the Service or any Content. Modification, editing, copying, distribution, reproduction, publication, display, performance, licensing, selling, renting, leasing, loaning, creation of derivative works, creation of any index, reverse engineering, alteration, enhancement, providing access to, or exploitation of the Service or the Content in any manner is expressly prohibited.
4. The above license will automatically terminate in the event of any breach of these Terms.
2. DataMaxi+ delivers content via the Service, which constitutes copyrighted and/or trademarked work either owned by DataMaxi+ or its third-party licensors and suppliers (collectively referred to as "Content"). Content encompasses all materials accessed by you at any given time. You recognize that the Service's development, compilation, preparation, revision, selection, and arrangement involve substantial time, effort, and financial investment by DataMaxi+ and third parties. It represents valuable intellectual property belonging to DataMaxi+ and others involved. Consequently, you are obligated to safeguard DataMaxi+'s proprietary rights and those of others with rights in the Service throughout and after the term of these Terms. Compliance with DataMaxi+'s written requests to protect contractual, statutory, and common law rights in the Service is mandatory.
3. Subject to the conditions outlined in these Terms and your adherence to them, DataMaxi+ grants you a limited, personal, non-exclusive, non-sublicensable, and non-transferable license for the sole purpose of using the Content and the Service for personal use. Any commercial use of the Service or its Content is strictly prohibited. Aside from this granted license, you possess no other rights to the Service or any Content. Modification, editing, copying, distribution, reproduction, publication, display, performance, licensing, selling, renting, leasing, loaning, creation of derivative works, creation of any index, reverse engineering, alteration, enhancement, providing access to, or exploitation of the Service or the Content in any manner is expressly prohibited.
4. The above license will automatically terminate in the event of any breach of these Terms.
5. Prohibited Activities
1. You are explicitly prohibited from engaging in the following activities: 1. Copying, modifying, or creating derivative works of the Service or any Content.
2. Copying, manipulating, or aggregating any Content (including data) with the intention of making it available to any third party.
3. Trading, selling, renting, loaning, leasing, or licensing any Content or access to the Service, whether for commercial purposes or free of charge.
4. Employing or introducing to the Service any data mining, crawling, "scraping," robot, or similar automated or data gathering or extraction method. This includes manually accessing, acquiring, monitoring, or copying any portion of the Service or downloading or storing Content unless expressly authorized by DataMaxi+. Certain data and information within the Service may be available through subscription or for a fee at http://datamaxiplus.com/#pricing.
5. Making excessive requests for information or taking any action that interferes with, disrupts, or imposes an undue burden on the Service, any server, or network connected to the Service. This includes actions that negatively affect the quality or availability of any Content or the speed or functionality of the Service.
6. Introducing a virus, Trojan horse, worm, time bomb, or other malware to the Service or the Platform. Additionally, using any device, software, or routine to bypass any software or hardware that prohibits volume requests for information is strictly prohibited.
7. Violating, bypassing, or circumventing any security measure intended to limit or prevent access to the Platform, Content, or Service.
8. Attempting to gain unauthorized access to the Service, any Content, or any computer systems or networks connected to the Service or any DataMaxi+ server. This includes activities such as hacking, password mining, unauthorized use of another's password/credentials, or any other means.
9. Restricting, inhibiting, or interfering with the use of the Service by any other user, including by hacking or defacing the Platform.
10. Introducing or otherwise distributing through the Platform any computer program that damages, interferes with, intercepts, collects, releases, or discloses any system, data, or personal information of DataMaxi+ or any third party.
11. Using any of our trademarks, service marks, trade names, or logos, or those of any third party displayed on the Platform.
12. Modifying or removing any copyright or other proprietary notice in the Content.
13. Using the Website, Content, or Service for or in connection with any activity that (i) violates any applicable law, statute, ordinance, or regulation, or (ii) involves proceeds of any unlawful or illegal activity. Furthermore, you acknowledge and agree that you (and not DataMaxi+) are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software, and services needed for you to access and use the Service, and you are responsible for paying all charges related thereto.
2. Copying, manipulating, or aggregating any Content (including data) with the intention of making it available to any third party.
3. Trading, selling, renting, loaning, leasing, or licensing any Content or access to the Service, whether for commercial purposes or free of charge.
4. Employing or introducing to the Service any data mining, crawling, "scraping," robot, or similar automated or data gathering or extraction method. This includes manually accessing, acquiring, monitoring, or copying any portion of the Service or downloading or storing Content unless expressly authorized by DataMaxi+. Certain data and information within the Service may be available through subscription or for a fee at http://datamaxiplus.com/#pricing.
5. Making excessive requests for information or taking any action that interferes with, disrupts, or imposes an undue burden on the Service, any server, or network connected to the Service. This includes actions that negatively affect the quality or availability of any Content or the speed or functionality of the Service.
6. Introducing a virus, Trojan horse, worm, time bomb, or other malware to the Service or the Platform. Additionally, using any device, software, or routine to bypass any software or hardware that prohibits volume requests for information is strictly prohibited.
7. Violating, bypassing, or circumventing any security measure intended to limit or prevent access to the Platform, Content, or Service.
8. Attempting to gain unauthorized access to the Service, any Content, or any computer systems or networks connected to the Service or any DataMaxi+ server. This includes activities such as hacking, password mining, unauthorized use of another's password/credentials, or any other means.
9. Restricting, inhibiting, or interfering with the use of the Service by any other user, including by hacking or defacing the Platform.
10. Introducing or otherwise distributing through the Platform any computer program that damages, interferes with, intercepts, collects, releases, or discloses any system, data, or personal information of DataMaxi+ or any third party.
11. Using any of our trademarks, service marks, trade names, or logos, or those of any third party displayed on the Platform.
12. Modifying or removing any copyright or other proprietary notice in the Content.
13. Using the Website, Content, or Service for or in connection with any activity that (i) violates any applicable law, statute, ordinance, or regulation, or (ii) involves proceeds of any unlawful or illegal activity. Furthermore, you acknowledge and agree that you (and not DataMaxi+) are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software, and services needed for you to access and use the Service, and you are responsible for paying all charges related thereto.
6. Ownership and Intellectual Property
1. In accordance with these Terms, you are permitted to view, print, and make copies of Content solely for your personal use. However, without our prior written permission, you must not copy, reproduce, download, "screen scrape," store, transmit, broadcast, publish, modify, create derivative works from, display, perform, distribute, redistribute, sell, license, rent, lease, or otherwise use, transfer (in printed, electronic, or any other format), or exploit any Content, in whole or in part, in a manner that contradicts these Terms. To seek permission for the use of any Content beyond what is expressly allowed in these Terms, please contactinfo@datamaxiplus.com
2. In the relationship between DataMaxi+ and you, all Content is either owned or controlled by DataMaxi+. DataMaxi+, its logo, and, except as specifically mentioned below, all other product or service names or slogans visible on the Service are registered and/or common law trademarks of DataMaxi+ or its suppliers or licensors. These may not be copied, imitated, or used, either in full or in part, without prior written permission from DataMaxi+ or the relevant trademark holder. Moreover, the overall look and feel of the Service, including page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, and/or trade dress of DataMaxi+ and are protected from unauthorized use.
3. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Any reference to products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not imply endorsement, sponsorship, or recommendation by DataMaxi+.
4. These Terms do not grant you any rights or interest in any intellectual property belonging to DataMaxi+ or any third party. The use or misuse of DataMaxi+'s trademarks or other intellectual property, except as expressly permitted by these Terms, is strictly prohibited. If you become aware of any violation or infringement of DataMaxi+'s or its providers' intellectual property rights, please promptly notify DataMaxi+ at business@bisonai.com.
5. "DataMaxi+" and all related logos, trademarks, service marks, and trade names are the exclusive property of DataMaxi+. The absence of a name, logo, or other mark herein does not constitute a waiver of any intellectual property rights held by DataMaxi+. Other trademarks, names, or logos used on the Website remain the property of their respective owners, and you are not authorized to use any of them. You acknowledge that DataMaxi+ and/or its providers hold the copyright in and to all Content under applicable laws, including copyright laws and other intellectual property laws, and have reserved all rights to such Content.
2. In the relationship between DataMaxi+ and you, all Content is either owned or controlled by DataMaxi+. DataMaxi+, its logo, and, except as specifically mentioned below, all other product or service names or slogans visible on the Service are registered and/or common law trademarks of DataMaxi+ or its suppliers or licensors. These may not be copied, imitated, or used, either in full or in part, without prior written permission from DataMaxi+ or the relevant trademark holder. Moreover, the overall look and feel of the Service, including page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, and/or trade dress of DataMaxi+ and are protected from unauthorized use.
3. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Any reference to products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not imply endorsement, sponsorship, or recommendation by DataMaxi+.
4. These Terms do not grant you any rights or interest in any intellectual property belonging to DataMaxi+ or any third party. The use or misuse of DataMaxi+'s trademarks or other intellectual property, except as expressly permitted by these Terms, is strictly prohibited. If you become aware of any violation or infringement of DataMaxi+'s or its providers' intellectual property rights, please promptly notify DataMaxi+ at business@bisonai.com.
5. "DataMaxi+" and all related logos, trademarks, service marks, and trade names are the exclusive property of DataMaxi+. The absence of a name, logo, or other mark herein does not constitute a waiver of any intellectual property rights held by DataMaxi+. Other trademarks, names, or logos used on the Website remain the property of their respective owners, and you are not authorized to use any of them. You acknowledge that DataMaxi+ and/or its providers hold the copyright in and to all Content under applicable laws, including copyright laws and other intellectual property laws, and have reserved all rights to such Content.
7. Linking to the Service from Your Website
1. If you wish to place one or more links to the Service (collectively referred to as the "Link") on your website ("Your Site"), you must adhere to the following conditions: 1. The Link shall display only the following text: "DataMaxi+" or "Datamaxiplus.com."
2. Your Site must not contain any content that is unlawful, threatening, abusive, libelous, defamatory, or otherwise inappropriate, as determined solely by us in our discretion.
3. The overall appearance and style of all content accompanying the Link or appearing on the same page as the Link (such as an entire article containing the Link, even if not all on the same page) must not be of a nature that could harm or diminish the goodwill associated with DataMaxi+'s name, reputation, or any of its trademarks, trade names, or service marks. This determination will be made at the sole and absolute discretion of DataMaxi+.
4. No content on Your Site should contain any information that, in our sole and absolute discretion, might create a false impression that you, Your Site, or any other website, service, person, or entity is affiliated with, sponsored by, or endorsed by DataMaxi+. Additionally, it should not imply that any activity conducted by you or anyone else has received approval from DataMaxi+.
5. Please be aware that we retain the right to withdraw our consent to a Link at any time at our sole and absolute discretion, without prior notice. In the event that we inform you that you are no longer permitted to link to the Service or a specific page or document, you must promptly remove all affected Links from Your Site. This removal should occur within three (3) calendar days from the date of our notice.
2. Your Site must not contain any content that is unlawful, threatening, abusive, libelous, defamatory, or otherwise inappropriate, as determined solely by us in our discretion.
3. The overall appearance and style of all content accompanying the Link or appearing on the same page as the Link (such as an entire article containing the Link, even if not all on the same page) must not be of a nature that could harm or diminish the goodwill associated with DataMaxi+'s name, reputation, or any of its trademarks, trade names, or service marks. This determination will be made at the sole and absolute discretion of DataMaxi+.
4. No content on Your Site should contain any information that, in our sole and absolute discretion, might create a false impression that you, Your Site, or any other website, service, person, or entity is affiliated with, sponsored by, or endorsed by DataMaxi+. Additionally, it should not imply that any activity conducted by you or anyone else has received approval from DataMaxi+.
5. Please be aware that we retain the right to withdraw our consent to a Link at any time at our sole and absolute discretion, without prior notice. In the event that we inform you that you are no longer permitted to link to the Service or a specific page or document, you must promptly remove all affected Links from Your Site. This removal should occur within three (3) calendar days from the date of our notice.
8. Feedback
1. This section does not apply to information provided by you to the Service that can personally identify you. At DataMaxi+, we are committed to safeguarding your privacy. Please refer to our Privacy Policy for a comprehensive understanding of our current privacy practices, which govern not only your use of the Service but also our overall approach.
2. In the event that you transmit any communication, including, but not limited to, feedback, questions, comments, or suggestions to DataMaxi+ (collectively referred to as "Feedback"), it is essential to note that all such Feedback is treated as non-confidential and non-proprietary. We require all Feedback to be submitted exclusively via the Platform.
3. By submitting Feedback, you hereby assign to DataMaxi+ all rights, title, and interest in it. DataMaxi+ is granted the freedom to use this Feedback without any obligation to provide attribution or compensation to you. This usage encompasses any ideas, concepts, know-how, techniques, or other intellectual property and proprietary rights found in the Feedback, irrespective of whether they are patentable. The usage extends to various purposes, such as enhancing the Service, or developing, manufacturing, licensing, marketing, and selling products and services based on or containing such Feedback.
4. It is important to understand and agree that DataMaxi+ is under no obligation to consider, accept, use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback. You do not have the right to compel such use, display, reproduction, or distribution. Additionally, DataMaxi+ may utilize aggregated and statistical data derived from the usage of the Platform.
2. In the event that you transmit any communication, including, but not limited to, feedback, questions, comments, or suggestions to DataMaxi+ (collectively referred to as "Feedback"), it is essential to note that all such Feedback is treated as non-confidential and non-proprietary. We require all Feedback to be submitted exclusively via the Platform.
3. By submitting Feedback, you hereby assign to DataMaxi+ all rights, title, and interest in it. DataMaxi+ is granted the freedom to use this Feedback without any obligation to provide attribution or compensation to you. This usage encompasses any ideas, concepts, know-how, techniques, or other intellectual property and proprietary rights found in the Feedback, irrespective of whether they are patentable. The usage extends to various purposes, such as enhancing the Service, or developing, manufacturing, licensing, marketing, and selling products and services based on or containing such Feedback.
4. It is important to understand and agree that DataMaxi+ is under no obligation to consider, accept, use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback. You do not have the right to compel such use, display, reproduction, or distribution. Additionally, DataMaxi+ may utilize aggregated and statistical data derived from the usage of the Platform.
9. Disclaimers and Limitation of Liability
1. The content on the Service and the Platform is provided solely for informational purposes. Nothing on or within the Service shall be considered an offering of any currency, security, or financial instrument or construed as investment advice or recommendations by DataMaxi+ regarding investment strategies. The content on this Service should not be relied upon as sufficient information to base an investment strategy. DataMaxi+ expresses no opinion on the future or expected value of any currency, security, or other interest. DataMaxi+ neither explicitly nor implicitly recommends or suggests any investment strategy. Content on the Service may not be used as a basis for any financial product or other product without the express prior written consent of DataMaxi+.
2. The Content provided on the Service is submitted to DataMaxi+ by unrelated third-party providers. DataMaxi+ does not review all Content for accuracy, completeness, or reliability, and does not warrant or guarantee the accuracy, completeness, reliability, or any other aspect of any Content.
3. The Service and the Content published within the Service may include inaccuracies or errors. DataMaxi+ does not guarantee the accuracy, completeness, timeliness, security, availability, or integrity of the Service or any Content. DataMaxi+ makes no representations about the suitability of the Service or any Content, or that the Service or Content will be uninterrupted or operate in combination with any software, service, system, or other data or information. The Service and all Content are provided "as is" without warranty of any kind. DataMaxi+ disclaims all warranties and conditions, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
4. To the maximum extent permitted by applicable law, DataMaxi+ assumes no liability or responsibility for any errors, mistakes, or inaccuracies of any Content; property damage resulting from your access to or use of the Service; unauthorized access to or use of our servers and/or any information stored therein; interruption or cessation of transmission to or from the Service; bugs, viruses, Trojan horses, or the like transmitted to or through the Service by any third party; errors or omissions in any Content; or any loss or damage incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the Service. Additionally, DataMaxi+ is not responsible for the defamatory, offensive, or illegal conduct of any third party.
5. In no event shall DataMaxi+ (and its respective officers, directors, employees, members, agents, and affiliates) be liable for any indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of or in any way connected with your access to or use of the Service or with the delay or inability to access, display, or use the Service; any computer viruses, information, software, linked services, products, and services obtained through the Service; or otherwise arising out of the access to or use of the Service, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, even if DataMaxi+ has been advised of the possibility of such damages.
6. In no event shall DataMaxi+ (and its respective officers, directors, employees, members, agents, and affiliates) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of US$100.00. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
7. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.
2. The Content provided on the Service is submitted to DataMaxi+ by unrelated third-party providers. DataMaxi+ does not review all Content for accuracy, completeness, or reliability, and does not warrant or guarantee the accuracy, completeness, reliability, or any other aspect of any Content.
3. The Service and the Content published within the Service may include inaccuracies or errors. DataMaxi+ does not guarantee the accuracy, completeness, timeliness, security, availability, or integrity of the Service or any Content. DataMaxi+ makes no representations about the suitability of the Service or any Content, or that the Service or Content will be uninterrupted or operate in combination with any software, service, system, or other data or information. The Service and all Content are provided "as is" without warranty of any kind. DataMaxi+ disclaims all warranties and conditions, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
4. To the maximum extent permitted by applicable law, DataMaxi+ assumes no liability or responsibility for any errors, mistakes, or inaccuracies of any Content; property damage resulting from your access to or use of the Service; unauthorized access to or use of our servers and/or any information stored therein; interruption or cessation of transmission to or from the Service; bugs, viruses, Trojan horses, or the like transmitted to or through the Service by any third party; errors or omissions in any Content; or any loss or damage incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the Service. Additionally, DataMaxi+ is not responsible for the defamatory, offensive, or illegal conduct of any third party.
5. In no event shall DataMaxi+ (and its respective officers, directors, employees, members, agents, and affiliates) be liable for any indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of or in any way connected with your access to or use of the Service or with the delay or inability to access, display, or use the Service; any computer viruses, information, software, linked services, products, and services obtained through the Service; or otherwise arising out of the access to or use of the Service, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, even if DataMaxi+ has been advised of the possibility of such damages.
6. In no event shall DataMaxi+ (and its respective officers, directors, employees, members, agents, and affiliates) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of US$100.00. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
7. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.
10. Indemnification
1. Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless DataMaxi+ and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors, and assigns from and against any and all suits, actions, proceedings, and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs, and expenses (including reasonable legal fees) arising out of, relating to, or in connection with: (i) your use (or misuse) of and access to the Service or Content; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule, or regulation; (iv) any claim that any information provided by you to DataMaxi+ in connection with the Platform, including the Content, caused damage to, infringed upon, misappropriated, or otherwise violated the rights of any third party, including infringement, misappropriation, or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (v) any dispute that you have with any third party relating to or in connection with the Service or Content.
2. DataMaxi+ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DataMaxi+ in asserting any available defenses and in the conduct of such defense. # 11. Third-Party Links 1. The Service may include links to third-party websites, and your use of such links is at your own risk. We do not monitor or exercise control over these third-party websites, and we make no claims or representations regarding their content. If we provide such links, it is solely for convenience, and their inclusion does not imply our endorsement, adoption, sponsorship, or affiliation with those third-party websites.
2. DataMaxi+ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DataMaxi+ in asserting any available defenses and in the conduct of such defense. # 11. Third-Party Links 1. The Service may include links to third-party websites, and your use of such links is at your own risk. We do not monitor or exercise control over these third-party websites, and we make no claims or representations regarding their content. If we provide such links, it is solely for convenience, and their inclusion does not imply our endorsement, adoption, sponsorship, or affiliation with those third-party websites.
11. Third-Party Links
1. The Service may include links to third-party websites, and your use of such links is at your own risk. We do not monitor or exercise control over these third-party websites, and we make no claims or representations regarding their content. If we provide such links, it is solely for convenience, and their inclusion does not imply our endorsement, adoption, sponsorship, or affiliation with those third-party websites.
2. When you navigate away from the Platform through links on the Platform or by using your web browser, mobile device, or other navigational tools, the information you access is not provided by us. Our terms and policies do not govern your interactions with third-party websites. We neither control nor review the content of any external website. Linking to a third-party website does not indicate sponsorship, approval, affiliation, or endorsement by Datamaxi+ of that linked third-party website or its products or services.
3. You acknowledge and agree that, under no circumstances, will Datamaxi+ be responsible or liable, directly or indirectly, for any goods, services, information, resources, and/or content available on or through any third-party website or services. We are not liable for any interactions or communications you have with third parties, nor for any harm, damages, or loss allegedly caused by or in connection with any of the aforementioned or your use of or reliance on the materials, content, or business practices of any third party.
2. When you navigate away from the Platform through links on the Platform or by using your web browser, mobile device, or other navigational tools, the information you access is not provided by us. Our terms and policies do not govern your interactions with third-party websites. We neither control nor review the content of any external website. Linking to a third-party website does not indicate sponsorship, approval, affiliation, or endorsement by Datamaxi+ of that linked third-party website or its products or services.
3. You acknowledge and agree that, under no circumstances, will Datamaxi+ be responsible or liable, directly or indirectly, for any goods, services, information, resources, and/or content available on or through any third-party website or services. We are not liable for any interactions or communications you have with third parties, nor for any harm, damages, or loss allegedly caused by or in connection with any of the aforementioned or your use of or reliance on the materials, content, or business practices of any third party.
12. Website Modification
1. DataMaxi+ reserves the right, at its sole and absolute discretion, to modify, suspend, or discontinue the Service and/or any Content, either in whole or in part, at any time without prior notice, for any reason whatsoever. DataMaxi+ will not be liable to you or any third party for any consequences arising from such modification, suspension, or discontinuance.
13. Terms Revision
1. These Terms may be revised periodically without prior notice. Your acceptance of any alterations to these Terms is confirmed upon our posting of such changes on the Service. It is advised that you regularly review these Terms to ensure your awareness of the most up-to-date version.
14. Enforcement
1. The remedies outlined for DataMaxi+ in these Terms are cumulative and supplementary to any other remedies available. In the event of a violation of these Terms, DataMaxi+ reserves the right to pursue all available legal and equitable remedies. Your access to the Service may be suspended, terminated, or blocked (either wholly or partially) without notice if any violation or suspected violation is determined by us. Such a violation of these Terms constitutes a breach of contract
2. While we retain the right to investigate any suspected breaches or misuse of the Service, we are not obligated to do so. Additionally, we may choose to report any such activities, data, or individuals and cooperate with: (i) law enforcement authorities; (ii) financial regulators in various jurisdictions; (iii) system administrators at Internet service providers, networks, or computing facilities; and (iv) providers and/or third-party vendors if there is suspicion of a violation of these Terms or any applicable law, rule, or regulation. You acknowledge that this reporting or cooperation may involve providing information related to you and/or your use of the Service, including, but not limited to, your email address, IP address, or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors, or system administrators. Furthermore, we may disclose any information deemed necessary to comply with applicable law, regulation, subpoena, or other legal process or governmental or regulatory request.
2. While we retain the right to investigate any suspected breaches or misuse of the Service, we are not obligated to do so. Additionally, we may choose to report any such activities, data, or individuals and cooperate with: (i) law enforcement authorities; (ii) financial regulators in various jurisdictions; (iii) system administrators at Internet service providers, networks, or computing facilities; and (iv) providers and/or third-party vendors if there is suspicion of a violation of these Terms or any applicable law, rule, or regulation. You acknowledge that this reporting or cooperation may involve providing information related to you and/or your use of the Service, including, but not limited to, your email address, IP address, or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors, or system administrators. Furthermore, we may disclose any information deemed necessary to comply with applicable law, regulation, subpoena, or other legal process or governmental or regulatory request.
15. Governing Law; Submission to Jurisdiction
1. These Terms, as well as any claims, disputes, or other legal proceedings between you and us, including those arising out of or related to these Terms or your use of the Service, shall be governed by and interpreted in accordance with the laws of South Korea, without regard to any principles of conflicts of law. You agree that any legal action arising from, related to, or in connection with the Service and/or these Terms shall be exclusively litigated in a South Korean court. Furthermore, you irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue.
2. You acknowledge that a breach of the sections titled "Prohibited Activities" or "Ownership and Intellectual Property" would cause immediate and irreparable harm to DataMaxi+, for which monetary damages would not be sufficient. In addition to all other available remedies at law or in equity, DataMaxi+ shall be entitled to seek injunctive relief without the need for proof of damages or the posting of a bond or other security in the event of such a breach or a threatened breach.
2. You acknowledge that a breach of the sections titled "Prohibited Activities" or "Ownership and Intellectual Property" would cause immediate and irreparable harm to DataMaxi+, for which monetary damages would not be sufficient. In addition to all other available remedies at law or in equity, DataMaxi+ shall be entitled to seek injunctive relief without the need for proof of damages or the posting of a bond or other security in the event of such a breach or a threatened breach.
16. General
1. These Terms, including any other terms or agreements referenced herein (including our Privacy Policy), constitute the entire agreement between you and DataMaxi+ concerning your use of the Service, and they supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and DataMaxi+ regarding the Service. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
2. You acknowledge that no joint venture, agency, partnership, or employment relationship exists between you and DataMaxi+ and/or its affiliates as a result of these Terms or your use of the Service.
3. In no event shall DataMaxi+ be responsible or liable for any failure or delay in the performance of its obligations under these Terms caused by forces beyond its control, directly or indirectly, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes, acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.
4. Our performance under these Terms is subject to existing laws and legal processes, and nothing in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements related to your use of the Service or information provided to, or gathered by, us concerning such use. To the extent permitted by applicable law, you agree that any claim or cause of action arising from or related to your access or use of this Service must be brought within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.
5. These Terms and any rights and licenses granted herein may not be transferred or assigned by you but may be assigned by DataMaxi+ without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
6. If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions.
7. In addition to and without limiting the preceding paragraph, some jurisdictions may provide rights in addition to those provided in the above "Disclaimers and Limitation of Liability" section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part, or there may be state or country-specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.
8. Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.
9. Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these Terms.
2. You acknowledge that no joint venture, agency, partnership, or employment relationship exists between you and DataMaxi+ and/or its affiliates as a result of these Terms or your use of the Service.
3. In no event shall DataMaxi+ be responsible or liable for any failure or delay in the performance of its obligations under these Terms caused by forces beyond its control, directly or indirectly, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes, acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.
4. Our performance under these Terms is subject to existing laws and legal processes, and nothing in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements related to your use of the Service or information provided to, or gathered by, us concerning such use. To the extent permitted by applicable law, you agree that any claim or cause of action arising from or related to your access or use of this Service must be brought within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.
5. These Terms and any rights and licenses granted herein may not be transferred or assigned by you but may be assigned by DataMaxi+ without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
6. If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions.
7. In addition to and without limiting the preceding paragraph, some jurisdictions may provide rights in addition to those provided in the above "Disclaimers and Limitation of Liability" section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part, or there may be state or country-specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.
8. Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.
9. Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these Terms.