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Terms And Conditions

Definitions

In these Terms and Conditions (unless the context otherwise requires), the following definitions shall apply:

  1. “User”: the party that has signed up online for a free use of Datum;

  2. “Datum”: the online interactive CRM system for data annotation and management provided as ‘software as a service’ that enables users to manage and annotate data for AI training.

Datum Services and License

1. Datum will provide User Datum and related services which are part of the free use subscription and services as described on the Datum website (Datumly.com).
2. Datum hereby grants to User, subject to these terms and conditions, a non-exclusive, non-transferable license to use Datum (including databases and content) and related services.
3. User grants to Datum a perpetual, non-exclusive, transferable license to publish, change, amend, and use any data annotations created by User under the free use subscription with Datum (including the right for Datum to sublicense any designs created by User).
4. Datum is entitled to amend and change the functionality and specifications of Datum and related services as part of product and services improvement at any time.

Term and Termination

1. Free use is provided for the term during which free use subscriptions of Datum and related services are made available to the general public by Datum.

2. User may terminate its free use subscription effective immediately at any moment. Datum may terminate the free use subscription at any moment with due observance of a reasonable notice period without liability to the User. Datum may terminate the Agreement, effective immediately upon written notice by email to the User without liability to the User if (a) the User breaches any material obligation related to the free use and does not cure such breach within seven (7) days after receiving written notice thereof.

3. Expiration or termination of the free use subscription shall not modify or alter any rights or obligations of the parties which accrued prior to the expiration or termination. The rights, limitations, and obligations of the following Articles shall survive the expiration or termination of the free use subscription: Clause 2.3 (License), Clause 4 (Property Rights), Clause 5 (Warranties), Clause 6 (Limitation of Liability), and Clause 7.1 (Disputes).

Proprietary Rights

Title to and ownership of Datum and results of associated services (excluding User designs), Datum databases, Datum website(s), and Datum content, and all other rights in patents, copyrights, know-how, and trade secrets in Datum and results of associated services, Datum databases, Datum website(s), and Datum content (excluding User designs), in whole or in part shall not transfer to User and shall remain with Datum and its suppliers. Datum and its suppliers reserve all rights not expressly granted to User in these terms and conditions, and the license granted to User herein shall in no event be construed as conferring a license to, or rights in, any Datum patent or any other intellectual property right owned by Datum.

Warranties

1. User understands and agrees that Datum services and products are not error or “bug” free. Datum warrants for User’s benefit alone that during the term of this Agreement Datum services and products will perform substantially in accordance with its associated documentation. Datum does not warrant that Datum services and products will be error-free in all circumstances.
2. Datum makes no guarantees with respect to the availability or uptime of Datum services. Datum will at all times endeavor to keep any service interruption to a minimum.

Limitation of Liability

Since a free use subscription of Datum is made available free of charge to User, each Party agrees that the other Party shall not be liable for any direct, indirect, or consequential damages, whether in contract, tort, or otherwise, arising in connection with the free use subscription, the provision of services, or the use of Datum products by User. In the event Datum is liable for damage under mandatory law, Datum’s aggregate liability to User for any and all claims arising out of or in connection with the use of Datum and related services.

General Provisions

1. The applicability of general or specific terms and conditions of User is expressly rejected by Datum.
2. Datum is entitled to amend and change the content of these terms and conditions at any term. Before such amendment or change becomes effective, they will be made available to User upfront. In case User does not give its consent to the amended terms and conditions, Datum has the right to terminate its free use subscription effective immediately.
3. On subscriptions and services provided by Datum against a fee, other terms and conditions are applicable. If a dispute arises related to the construction, validity, or performance of the free use subscription, Datum and User shall first attempt to amicably resolve any disputes which may arise under or relate to the free use subscription. This agreement is governed by and construed in accordance with the law of the Netherlands, without giving effect to any otherwise applicable rules concerning conflict of laws. The parties agree that the court of Rotterdam, the Netherlands shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this free use subscription or its subject matter or formation (including non-contractual disputes or claims). If any term, provision, or portion thereof, of these terms and conditions is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions or portions thereof shall not be affected and continue in full force and effect. The Parties shall replace such void and unenforceable provision with a valid and enforceable provision. This provision shall be as consistent as possible with the intent of the Parties as initially expressed. These terms and conditions are the final, complete, and exclusive statement of the agreement for the free use subscription between the Parties and it supersedes all prior proposals and agreements, oral and written, and all other communications between the Parties relating to the free use subscription. These terms and conditions contain all of the Parties’ rights and remedies pursuant to the free use subscription.

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