DataClaim Terms of use

Article 1: Definitions

In these terms and conditions, which includes, without limitation Disclaimer, Privacy Notice, Price List incorporated herein by reference (the “Terms”), the defined terms below shall have the following meaning:

1.1. “Agreement”: an agreement between a Client and DataClaim that is reached after the acceptance of these Terms and Disclaimer by the Client. For Justice as a Service, the Agreement shall be considered reached when the Client has signed the Assignment Form or an Authority Document in addition to accepting these Terms and providing all details about her Data Breach.

1.2 “DataClaim”: DataClaim Inc., a corporation incorporated in the state of Delaware with its registered office at 16192 Coastal Highway, Lewes, Delaware 19958, County Sussex, registered agent Harvard Business Services, Inc, Attention of DataClaim Inc.

1.3 “Consumer Data Privacy Rights Regulation”: any law, regulation, directive, international convention or similar, whether issued on state, federal, US, EU, UK, national, international or regional level, and case law, that establishes rules on monetary compensation, damages or reimbursement to consumers or individual victims of data breaches, personal information leaks, identity theft, or whose privacy rights were otherwise violated, which allows for data breach compensation claims, and/or another form of privacy compensation claim.

1.4 “Assignment Form”: the document, whereby the Client, subject to the terms and conditions therein, assigns ownership of the Claim to DataClaim.

1.5 “Authority Document”: a document provided by DataClaim to the Client, which authorizes DataClaim or one of DataClaim’s affiliates or partners to act on behalf of the Client. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a Power of Attorney, or Conditional Fee Agreement in Uk, or a Client Care Agreement.

1.6 “Claim”: any claim against an Organization for monetary compensation, damages or reimbursement pursuant to Consumer Data Privacy Rights Regulation or goodwill compensation.

1.7 “Client(s)”: person(s) that has accepted these Terms.

1.8 “Organization”: a company, an organization, or a government, or part thereof, including, but not limited to, government branches, department(s), institution(s), police and/or enforcement authorities, investigative bodies that has violated privacy rights of Clients or had a Data breach affecting Clients.

1.9 “Data Breach”: is an data incident when unsecured nonpublic personal information is leaked, compromised, disclosed or shared without the Client’s proper consent.

1.10 “Eligibility Service”: is DataClaim’s delivery of its state-of-the-art claim eligibility determination through software. The Eligibility Service is conducted on a Claim by Claim basis in DataClaim’s web form. The Eligibility Service will inform the Client of the potential likelihood of having an eligible Claim. An eligible Claim should have a reasonable potential likelihood of getting considered and maybe paid depending on Claim related circumstances. DataClaim will provide its Justice as a Service for such Claims if requested by the Client and specifically accepted by DataClaim. Please note that a mere acknowledgement of successful submission of an online form for a Claim is not such acceptance, since additional research and information is required to make final determination which can only be achieved during the course of preliminary work on the Claim. Claims that are not eligible will have a low or no likelihood of getting paid and DataClaim will not provide its Justice as Service for such Claims.

For avoidance of doubt, when online form returns any message that Client might have the right to compensation, it means some reasonable probability for preliminary work to be done to assess feasibility of the Claim and its circumstances better, but this is in no way means or shall be construed to mean any guarantee of success or any commitment from DataClaim to accept your Claim. As the Consumer Data Privacy Rights Regulations and court precedents change so often in the privacy arena without notice that it is impossible to immediately learn about it, assess and adjust all processes and software even despite care taken to ensure Eligibility Service delivers as accurate results as possible.

1.11 “Data Compensation”: total amount of money payable by an Organization in relation to a Claim as compensation, reimbursement, damages, settlement, a gesture of goodwill or otherwise, to the Client or DataClaim after the Client has accepted these Terms. For the avoidance of doubt, Data Compensation does not include any payments or reimbursements of attorney’s fees, cost of legal advice, out of pocket expenses, court fees, collection cost, interest or similar, which payments shall belong solely to DataClaim and/or DataClaim’s affiliates.

1.12 “Disclaimer”: DataClaim is not a law firm. DataClaim does not provide legal advice, and all DataClaim website content is provided for informational purposes only and does not in any manner constitute legal advice. You should not act, or refrain from acting, based upon any information provided via DataClaim website or other services. Submission of your claim with DataClaim does not create an attorney-client or other professional relationship, nor does it create a privileged communication. You are solely responsible to make sure your case is addressed or filed as soon as possible and well in-advance as to avoid having your case barred by the statute of limitations. Read the full Disclaimer.

1.13 “Information Service”: is DataClaim’s provision of information about Consumer Data Privacy Rights Regulation, Information about Organizations, information about Data Breaches, other privacy related information, information about consumer data privacy rights and consumer data protection laws. The information will both be specifically relevant to the Client’s privacy and be of more a generic context, such as ranking of data breaches or organizations based on privacy standards, or news about Data Breaches, changes in consumer privacy rights and data protection regulations. The information will be delivered through electronic communication, including e-mail, social channels, online chat, personalized dashboard, DataClaim controlled websites or mobile application.

1.14 “Justice as a Service”: is DataClaim’s pursuit of a Claim, including, if necessary, by Legal Action.

1.15 “Legal Action”: filing a Claim with a court or a government body, such as a national data privacy enforcement bodies, including but not limited to, Information Commissioner's Office(s) (ICO), Data Protection Authorities, Federal Communications Commission, Federal Trade Commission, Attorney General at federal or state level, or handing over a Claim to a contracted legal representative, such as an attorney or law firm for pre-court, court or arbitration resolution.

1.16 “Legal Fast Track”: is a procedure for Organizations that usually do not pay Data Compensation, unless Legal Action is taken. If DataClaim provides Justice as a Service by provision of Legal Fast Track, DataClaim will charge both its Service Fee and Legal Action fee due to the increased risk and cost for DataClaim.

1.17 ”Price List”: appendix attached to this Terms specifying accepted currencies, methods of payment and all fees charged by DataClaim aside from the reimbursement of court or arbitration fees, and attorney’s fees, which will be offset and deducted by DataClaim where applicable.

1.18 ”GDPR”: General Data Protection Regulation 2016/679 is the EU regulation on data protection and privacy in the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas.

1.19 “CCPA”: the California Consumer Privacy Act, which is a state statute that was passed to improve privacy rights of consumers but only limited to residents of the state of California. It also includes any CCPA amendments passed into law.

Article 2: Agreement

2.1 After the Client has accepted these Terms and Disclaimer, DataClaim agrees to deliver and the Client agrees to receive Eligibility Service and Information Service.

2.2 After the Client has accepted these Terms and signed either the Assignment Form or Authority Document, the Client agrees to receive Justice as a Service and DataClaim agrees to deliver Justice as a Service unless DataClaim notifies the Client without unreasonable delay that DataClaim cannot deliver Justice as a Service for such Claim (by closing the Claim, putting on hold, or otherwise).

2.3 By entering into an Agreement with DataClaim, the Client warrants that he/she is authorized and has the legal capacity to enter into the Agreement on his/her own behalf and, where applicable, on behalf of his/her partner and/or children. By signing the Assignment Form or an Authority Document, the Client warrants that he/she is authorized and has the legal capacity to sign the Assignment Form or an Authority Document on his/her own behalf and, where applicable, on behalf of his/her minor children.

2.4 The Client acknowledges that DataClaim only seeks Data Compensation. The Client agrees that DataClaim will not accept any credits, vouchers, rebates, and/or other services instead of Data Compensation and that such offer from Organizations will be considered as refusal of payment, unless DataClaim determines that the likelihood of a more favorable outcome for the Client is low and it under the circumstances would be the best choice to accept such offer.

2.5 The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and an Organization in the same matter.

2.6 After signing the Assignment Form, the Client may not assign the Claim to any other party as the legal title to the claim has been assigned to DataClaim. Any existing engagements or assignments, if any, must be cancelled before signing the Assignment Form or an Authority Document. For the avoidance of doubt, in the event that the Client has signed an Authority Document, the Client can withdraw the authority given in the Authority Document by giving written notice to DataClaim. DataClaim incurs high cost on general and administrative side to maintain its website, its team, and marketing cost of customer acquisition, so for any revocation to be effective the Client has to compensation any expenses that DataClaim has incurred processing or working on the Claim, except limited right of withdrawal described below.

2.7 If the Client receives any direct payments or any other compensation from the Organization concerned after entering into the Agreement, the Client shall be obliged to advise DataClaim without delay. Such payments shall be considered Data Compensation and entitle DataClaim to its Service Fee and Legal Action Fee (see Price List), if Legal Action was taken by DataClaim prior to the Client receiving payment from the Organization concerned. For the avoidance of doubt, Data Compensation do not include any payments or reimbursements of attorney’s fees, cost of legal advice, translation and other out of pocket expenses, court fees, collection cost, interest or similar, which payments shall belong solely to DataClaim and/or DataClaim’s affiliates and/or DataClaim’s lawyers.

2.8 After signing the Assignment Form or an Authority Document, the Client shall be obliged to cease negotiations with the Organization concerned and direct any contact made by the Organization to DataClaim in order to ensure that DataClaim achieves the best result possible. It is generally counter productive to have multiple streams of communication, so we strongly discourage Clients to leave it for DataClaim, unless specifically requested to do otherwise or DataClaim closes the Claim.

Article 3: Description of Justice as a Service

3.1 DataClaim asserts the Client’s Claim for Data Compensation from the concerned Organization on the basis of GDPR, or CCPA, or any other Consumer Data Privacy Rights Regulation in force applicable to the Client’s particular Data Breach.

3.2 Data Breach and information may be submitted to DataClaim via the website, mobile apps, email, other electronic or software solutions supported by DataClaim.

3.3 To pursue the Claim successfully, DataClaim needs the Client’s signed Assignment Form or Authority Document, which he/she can send to DataClaim via the web form, mobile app or using email or postal service. On receiving a Client’s signed Assignment Form or Authority Document and provided the Client provided complete and accurate information about circumstances of the Data Breach, DataClaim conducts a review of the concerned Data Breach, if and to the extent feasible, reviews the Case once sufficient information is collected both about the Data Breach and Clients losses and prepares a request for payment and sends it to the concerned Organization without unreasonable delay and handles all further correspondence in economically efficient way. For this part of Justice as a Service, if Data Compensation is paid, DataClaim charges its Service Fee (see Price List).

3.4 If the concerned Organization fails to pay Data Compensation within a reasonable period after being notified by DataClaim and provided the Claim may be asserted with adequate certainty, DataClaim may propose and initiate Legal Action to pursue the Claim. In the event that Legal Action is undertaken as advised and Data Compensation is paid, DataClaim charges the Legal Action Fee in addition to the Service Fee, see Price List).

3.5 In the event that a contracted legal representative is used for Legal Action, the Client will allow DataClaim to grant the contracted legal representative access to all of the data communicated to DataClaim and allow the legal representative to transfer information concerning the proceedings to DataClaim. Where a separate COA, Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents. In case the Client has already signed an Assignment Form and signs a COA, Power of Attorney, Client Care Agreement or similar, the Client accepts that such Claim is assigned back to the Client by signing the COA, Power of Attorney, Client Care Agreement or similar.

3.6 If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and neither DataClaim nor the contracted legal representative will take further action and the Claim will be closed.

3.7 If DataClaim or the contracted legal representative institutes legal proceedings to pursue a Claim, DataClaim will cover any costs incurred in the event the lawsuit is lost. In the event, the lawsuit is won, or a settlement has been reached between the Organization and DataClaim, DataClaim will cover any costs incurred that are not covered by the Organization. If a lawsuit is won, a claim for reimbursement of court fees and other out of pockets expenses will be put forward on behalf of the Client. The same applies for the cost of legal advice and attorney’s fees regardless of whether the legal proceedings are performed by DataClaim in-house or a contracted legal representative.

3.8 The Client acknowledges that it is the sole decision of DataClaim to accept any settlement offer since the Client has assigned the Claim to DataClaim. In case DataClaim acts on behalf of the Client pursuant to an Authority Document, the Client authorizes DataClaim or its affiliates or a contracted legal representative to accept or reject settlement offers based on DataClaim’s experience with the Organization, expertise and the advice from external legal representatives.

Article 4: Fees and Payments

4.1 DataClaim provides Eligibility Service and Information Service free of charge.

4.2 DataClaim provides Justice as a Service free of charge unless DataClaim is successful in collecting Data Compensation. If DataClaim is successful DataClaim will transfer the agreed part of the Data Compensation to the Client, subject only to fees that may apply pursuant to the Price List. Court fees, translation and other out of pocket expenses, and attorney’s fees will be offset and deducted from any payments transferred to DataClaim in the name of the Client. If DataClaim is successful, but the Data Compensation and/or attorney’s fees, court fees, out of pocket expenses, interest or similar has been transferred directly from the Organization to the Client, the Client will be invoiced and commits to without unreasonable delay transfer DataClaim’s fees pursuant to the Price List and the received attorney’s fees, court fees, out of pocket expenses reimbursement, interest or similar, if any, to DataClaim.

4.3 Payment of the agreed part of the Data Compensation to the Client will be done pursuant to the options in the Price List by DataClaim.

4.4 If the Client has provided wrong or insufficient information needed to pay the Data Compensation and it is returned to DataClaim and the Client, after several reminders and reasonable endeavors from DataClaim to contact the Client by other means than the email provided by the Client to DataClaim, does not respond to correct or provide information needed to pay the agreed part of the Data Compensation, DataClaim shall be entitled to keep the part of the Data Compensation that otherwise should have been transferred to the Client.

4.5 When DataClaim has paid the agreed Data Compensation pursuant to the instruction of and method selection by the Client, DataClaim shall not be liable for:

  • checks, money frozen by Client’s bank, or stuck at the correspondent account of the Client’s bank, prepaid debit cards, credit cards and similar lost in transit to the Client;
  • any effect of the Client giving wrong bank account information, wrong address or similar, including, but not limited to, the Data Compensation being paid to the wrong receiver. If Data Compensation at the fault of the Client has been paid to a wrong receiver, DataClaim shall not be obligated to actively reclaim it or pay anything extra. It is the sole responsibility of the Client to recover such funds.

4.6 No interest may be claimed for the period between the incoming and outgoing payments. DataClaim reserves the right to retain any interest that has been recovered from the concerned Organization.

4.7 DataClaim shall not be liable for any amount of compensation, damages or similar, if DataClaim is prevented to transfer the payment to the Client by an event beyond its reasonable control, including without limitation, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, epidemics, fire, flood and storm.

Article 5: Data Protection

5.1 DataClaim will primarily use the personal data provided by the Client for the purpose of delivering Eligibility Service, Information Service and Justice as a Service in accordance with the Agreement. DataClaim may also collect personal data for other purposes such as statistics, administration, and communication, IT and security administration, physical security, authentication and authorization systems, support systems, a collaboration of internal projects and organizational teams and activities. All personal data is collected in accordance with applicable privacy regulations or other data protection laws that may be applicable (see Privacy Statement).

5.2 The Client provides DataClaim with personal data under privacy regulations that may be applicable, with the explicit permission to process the personal data given by the Client and, where applicable, given on behalf of or by his/her minor children for the use thereof in the context of the Agreement. DataClaim will only transfer the personal data to third parties under the conditions as listed below if:

  • the Client has given consent;
  • it is for a purpose directly related to the original purpose for which the personal data was collected;
  • it is necessary for the preparation, negotiation and fulfilling the Agreement with the Client;
  • it is required due to a legal obligation, administrative or court order;
  • it is required for the establishment or protection of legal claims or in defense of court actions;
  • it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.

Article 6: Data and information from the Client

6.1 On request by DataClaim, the Client or his/her children will provide DataClaim with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided is correct, complete, current and true, and where applicable, given with the consent of the minor children, otherwise DataClaim has the right to suspend and/or refuse any and all current or future use of the services (or a portion thereof).

6.2 The Client agrees to fully indemnify DataClaim in all respects for all third-party claims, losses, litigation and attorneys costs including, but not limited to, incorrect Client communications, provision of incorrect, incomplete or misleading information, failure to cooperate in good faith when required for legal purposes, misleading or incorrect reviews, and fraudulent conduct.

In case of incorrect data/information and fraudulent conduct, misleading or incorrect reviews, failure to cooperate in good faith when required for legal purposes, DataClaim reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.

6.3 Report a Data Breach: DataClaim supports people to discover and inform the general public on Data Breach incidents and other unfair business practices that violate or abuse consumer data privacy rights. By reporting a Data Breach, you can allow the opportunity for the Client and other victims to bring claims for Data Compensation and make good out of bad practices.

6.4 DataClaim supports Whistleblower Initiatives in EU, US and elsewhere, which is generally considered to bring good value to the general public. DataClaim allows its Clients to report Data Breach incidents, where the Client has not been a victim him/herself, through the DataClaim website and other channels supported by DataClaim as user generated content. This can help general public to

  • have a better information about concerned Organization privacy practices to make informed consumer decisions;
  • bring claims for Data Compensation to make good out of bad privacy practices, wherever feasible.

The Clients must always reveal their identity and/or have some evidence to substantiate such privacy violations. This is required to make sure if any Data Breach report is challenged in court as a defamation or libel, the DataClaim can defend that this information is accurate/truthful user generated content and is not a targeted attack on any Organization reputation. DataClaim reserves the right to decide on placement, alteration or removal of such user generated content without notice (without altering the core message if feasible) at its sole discretion for editorial or legal compliance reasons.

6.5 Your Responsibility as a Client for your content on DataClaim’s website and controlled channels. All the Clients placing any content created or sourced from others, must be responsible for such content regardless of authorship or source.

You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted by you are your sole responsibility. DataClaim expressly disclaims any responsibility for such Content. This means that you, and not DataClaim, are entirely responsible for all Content that you upload, post, email or otherwise transmit via website and/or other channels. DataClaim does not guarantee the accuracy, integrity or quality of your content.

6.6 Clients understand that by using the website and/or the services, Clients may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DataClaim be liable in any way for any user generated Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the website or otherwise.

6.7 Prohibited Actions: You agree that you will not use the site or the services so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you agree not to do any of the following (“Prohibited actions”):

  • Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, including, but not limited to, an expert, attorney or an DataClaim official, forum leader, guide or host, or falsely state or otherwise misrepresent your identity, (including through the use of a pseudonym) or your position or affiliation with a person or entity, past or present;
  • Upload, post, email, transmit, otherwise make available any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), except and to the extent as allowed by Whistleblower laws;
  • Upload, post, email, transmit, otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are expressly designated for such purpose;
  • Upload, post, email, transmit, otherwise make available any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights;
  • Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to disrupt the website or the services or to otherwise interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • Collect or store personal data about other users;
  • Access the website or services for the purpose of data mining or extracting content from the service beyond your personal end use.
  • Harm minors, minorities or other disadvantaged groups in any way. No discrimination, no hate speech or assulting others please.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • Stalk or otherwise harass another;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site or the Services;
  • Interfere with or disrupt, or attempt to interfere with or disrupt, the website or the services or servers or networks connected with the website and the services, or disobey any requirements, procedures, policies, or regulations of networks connected with the website or the services;
  • Attempt to use another user's account or obtain unauthorized access to the website or the services;
  • Use manual or automated software, devices, or other processes to "crawl" or "spider" any pages at the website is strictly prohibited;
  • Monitor or copy, or allow others to monitor or copy, pages from the website or DataClaim content included herein;
  • "Frame" or otherwise simulate the appearance or function of the Site;
  • Take any action that interferes with the proper working of or places an unreasonable load on DataClaim infrastructure;
  • Engage in any activity that interferes with any third party's ability to use or enjoy the website or services;
  • Engage in deceptive marketing or advertising practices; or
  • Assist any third party in engaging in any activity prohibited by these Terms.

6.8 You acknowledge and agree that DataClaim may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  • comply with legal process;
  • enforce the Terms;
  • respond to claims that any Content violates the rights of third-parties; or
  • protect the rights, property, or personal safety of DataClaim, its users and the public.

6.9 Use of Content. With respect to Content you wish to post with DataClaim, you grant DataClaim royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, alter, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

6.10 Indemnity for Your violations. You agree to indemnify, defend and hold DataClaim and its subsidiaries and affiliates and their respective directors, officers, managers, members, agents, third party contractors, lawyers, employees and partners, harmless from any and all direct, indirect, incidental, special, consequential or exemplary damages, claims, liabilities, costs and expenses, including attorneys' fees, litigations costs, arising from or in connection with (i) Content you submit, post to or transmit through the services or the website, (ii) your mis-use, abuse of the services or the website, (iii) any of the above violations or violation of these Terms, (iv) your violation of any rights of another person.

Article 7: Right of withdrawal

7.1 If you qualify as a consumer pursuant to EU-consumer regulations i.e. you are a natural person who enters into a legal transaction for a purpose that is neither your commercial nor your independent vocational activity, you have a statutory right of withdrawal.

7.2 You can withdraw your acceptance of our Agreement within 14 days from the conclusion of the Agreement (e.g., letter, email) without the need to specify any reasons. To exercise your right to withdrawal, the withdrawal must be communicated within the 14-day period mentioned above and it must clearly state that you wish to withdraw from the Agreement. Due to the nature of the service provided to you, you cannot withdraw from our Agreement, if we have informed you that the Organization has accepted the Claim, as we in such event have completed the service you requested. The withdrawal can be sent to: [email protected]

Article 8: Final Provisions

8.1 DataClaim is authorized to alter these Terms and the Price List and to set forth additional conditions at any time and without notice to Clients. However, changes with a negative effect on the Client will not apply to the Client, unless the Client agrees to new changes.

8.2 DataClaim website contains content that is or may be protected by copyright, trademark, patent, trade secret and other laws. We hereby grant Clients a limited, revocable, non-sublicensable license to reproduce and display DataClaim content solely for your personal use in connection with viewing the website and using the services. You may not otherwise copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any DataClaim content without our consent. You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.

8.3 Proprietary Rights. DataClaim, the DataClaim logo and other DataClaim logos and product and service names are trademarks of DataClaim (the "DataClaim Marks"), whether or not registered. You agree not to display or use in any manner the DataClaim Marks without DataClaim’s prior written approval.

8.4 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES AND/OR THE SITE IS AT YOUR SOLE RISK. THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS AND AS AVAILABLE BASIS”. DATACLAIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DATACLAIM MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS, (v) THAT ANY PORTION OF THE SITE OR THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (vi) ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATACLAIM OR THROUGH OR FROM DATACLAIM WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

This clause shall be applicable, unless some jurisdiction disallows it partially or in full, in which case the court shall give effect to the rest of unaffected provision(s) and consider intent of this clause.

8.5 LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATACLAIM SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF DATACLAIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE DATACLAIM WEBSITE, OTHER CHANNELS AND ITS SERVICES; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR FAILURE TO RECEIVE ANY SERVICES OR PRODUCTS REQUESTED THROUGH OR FROM THE DATACLAIM WEBSITE, OTHER CHANNELS AND ITS SERVICES, OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT IS DATACLAIM LIABLE TO YOU UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE FOR AN AMOUNT IN EXCESS OF US $100.

8.6 The laws of the state of Delaware apply to these Terms, the Assignment Form and the Agreement between DataClaim and the Client. The Client is, however, always entitled to claim due to protection under mandatory provisions provided by laws of the country where the Client resides.

8.7 Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining part of the provision and other provisions of these Terms in any way whatsoever.

8.8 Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by DataClaim to any entity within the corporate group of DataClaim and by DataClaim to third parties, its external lawyers, auditors, or legal representatives.

8.9 The English version of these Terms shall prevail in case of inconsistency to any other language version.

Published: May 8, 2020.


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