Terms of service for Datamoto – last updated on August 23, 2012
This Agreement constitutes an agreement between you (including all subscribed users of your Datamoto account) and Datamoto governing your use of the Service. This Agreement supersedes any prior agreements between you and Datamoto (including but not limited to any previous version of this Agreement).
Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
Datamoto reserves the right to update or change any of the Agreement contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion without notice. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application. Violation of any of the terms below may result in the suspension or termination of your Account or License to use the Service.
You can cancel your account at any time with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation).
Datamoto reserves the right to terminate or suspend any or all of its customer accounts at will.
Right of Refusal:
Datamoto has the right to accept or decline trial and paid account requests in its sole discretion with no obligation to detail the reasoning behind such decision.
Modifications to the Service and Prices:
Datamoto reserves the right to increase prices at any time. Notice will be given of at least 30 days in advance of any price changes. In the event that you do not agree to any price increases of which you are notified, you may terminate this Agreement within the aforementioned 30 day notice period on written notice to Datamoto.
If you sign-up for a free trial period to our Service via our Website or directly through our sales team, We will make the Service available to you on such a basis (that is, non-paid for access) until the earlier of either: (a) the expiry of the free trial period for which you have subscribed; or (b) the commencement date of any paid for Service requested by you.
From time to time additional terms may be applicable to a free trial period. We will make any such additional terms and conditions available on the Website and such terms shall be incorporated into, and shall form part of, this Agreement.
Your access to the Service will be suspended immediately on expiry of the free trial period for which you have subscribed. If you wish to continue using our Service, you must return to Us a signed copy of the Order Form prior to the expiry of the free trial period to guarantee uninterrupted and continuous access to, and use of, the Service.
Any data which has been inputted into the Software by you during the free trial period shall be archived or deleted after 60 days of inactivity on your account.
Fees; Charges; Taxes:
Datamoto may change Fees and any other charges for the use of the Application from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Application or the Add-ons, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
Data Loss & Backups:
Datamoto will not accept under any circumstances the liability for any loss of customer data whether that be through general use, hacking or server failure.
Governing Law and Venue:
The Services are controlled by Datamoto and operated by it from its offices in Alameda county, California. You and Datamoto explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, the Add-ons or the Services will be governed by the laws of the california and the federal laws of USA applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.