dataflow

Introduction

These Terms of Service constitute a contract (referred to as “Contract”) between you (referred to as “you” or “User”) and Dataflow a Delaware Corporation doing business as Dataflow (referred to as “Dataflow” or “we”), operating in California, United States. Terms apply to all Visitors, Users, Customers and others who wish to access Dataflow's website, apps and all content therein (referred to as “Service”). Dataflow is a Service that allows you to access programmatically third-party websites and web-based apps (referred to as “Third-party Service”) to automate their usage (referred to as “Automation”). Your use of the Service is governed by two agreements: these Terms of Service and our Privacy Policy (collectively referred to as “Agreements”). Please, carefully read the Agreements before accepting them. If you do not agree or cannot comply with the Agreements, then you may not use the Service. Please let us know more about the reason that blocks you by emailing at legal@usedataflow.com In order to access our Service, you acknowledge that you have read, understood and accepted the Agreements, and agree to be bound of them.

User eligibility, agreement and consent

Eligibility

In order to use the Service, you must create an account (referred to as “Account”) and satisfy the eligibility criteria below :

If you don’t satisfy any of the above criteria, Dataflow reserves the right to terminate this contract and delete your Account immediately, without notice and/or refund.

Terms of Service

Entire agreement

This Contract constitutes the entire agreement between you and Dataflow relating to the subject matter herein. By checking the box and creating an Account, you accept and intend to be legally bound by Dataflow’s Terms of Service. The effective date of the Contract is the creation date of your Account. These Terms of Service will not be modified except in writing, signed by both parties, or by a change made by Dataflow as agreed in this document. In case you disagree with our Terms of Service, please do not sign up to the Service.

Amendments

Dataflow may amend the Terms of Service at any time by posting an amended version on its website. It is your responsibility to review these Terms periodically so you are aware of any changes, as they are binding on you. By continuing to access or use the Service after any revisions become effective, you accept the revised Terms and agree to be bound by them. If you do not agree to the new terms, you are no longer authorized to use the Service.

Consent

Account information

You consent to provide and maintain true, up-to-date and complete Account information. Dataflow reserves the right to refuse Service and terminate Accounts at its sole discretion.

Communications

Dataflow will use the email address of your Account to communicate :

Data retention and disclosure

You acknowledge and consent that Dataflow may access, retain and disclose Account information if required to do so :

For more information, please refer to our Privacy Policy

Use of the Service

Free trial, subscription and payment

Free trial

Dataflow offers 100 free credits for each new account on the platform (referred to as “Free Trial”) to let its Users discover the Service before potentially subscribing to a plan.

At any time and without notice, Dataflow reserves the right to:

Subscription

About the Subscription

Fee change

Payment

You will be asked to supply certain information relevant to the payment of the Subscription including but without limitation to your bank account number or debit/credit card information. You represent and warrant that: (i) you have the legal right to use any debit/credit card(s) or other payment method(s) in connection with any Subscription payment on your Account; and that (ii) the information you supply to Dataflow is true, correct and complete. We may employ the use of Third-party Services for the purpose of facilitating payment and its completion. By submitting your information, you grant us the right to provide the information to these Third-party Services subject to our Privacy Policy. We reserve the right to refuse or cancel your Subscription at any time and for reasons including but not limited to: fraud, unauthorized or illegal transaction suspicion or other reasons.

Refund

Dispute

User responsibility

Account and credentials

Account access and use

You are solely responsible for :

If your Account is no longer secure (e.g. your password has been disclosed), you must immediately notify us at hey@usedataflow.com

Third party Service’s credentials

Dataflow can authenticate on your behalf to access and use Third-party Services programmatically. In that case, you hereby authorize Dataflow to :

You are solely responsible for maintaining the confidentiality of the credentials provided to access Third-party Services. Such credentials include for instance account ID, username, email, password, payment data etc.

You also agree that the automated use of these Third-party Services rely on the foregoing authorization granted by you and Dataflow disclaims any and all liability associated with your request to the Service.

Full responsibility

Dataflow disclaims any and all liability associated with your use of the Service.

Responsibility related to your use of the Service

You hereby agree and consent to be solely and fully responsible of your use of the Service and especially :

Responsibility related to website owner

You hereby attest to have the authorization, authority, and the right to grant Dataflow permission to access, navigate and gather data from Third-party Services, meaning you warranty that your use of the Service will not infringe any third-party terms of service, privacy policy or express request. If you are not entitled to allow Dataflow to access, navigate and retrieve data from Third-party Services, you must not use such functionality, or immediately disable it.

Responsibility related to Personal data

If you use the Service to collect Personal data, you hereby attest and agree that:

Dataflow takes no responsibility and assumes no liability for any Personal data collected through the Service, and you solely assume full responsibility for those Personal data.

Allowed use

Dataflow grants you a personal, non-transferable and non-exclusive license to access and use the Service under these Terms of Service. You have no right to sub-license or resell the Service, or any of its components. Under these Terms of Service, violation of any restricted use constitutes a misuse of the Service and you consent that misuse of the Service gives Dataflow the right to immediately and permanently terminate your Account without any notice and/or refund.

Restricted use

Legal boundaries

You agree to not use the Service:

Use of the Service

You agree to not:

Data collection

You agree to not use the Service:

The restrictions set out in this Contract shall not apply only to the limited extent the restrictions are prohibited by applicable law.

Personal Information and Privacy

Please refer to our Privacy Policy for more details on how we collect and process your data in a secure, transparent and fair way. To access our Service, you acknowledge that you have read, understood and accepted Dataflow's Terms of Service and Privacy Policy, and agree to be bound of them.

Intellectual Property and Copyright Policy

Intellectual Property

The Service is owned and operated by Dataflow, and protected by copyright, trademark, and other laws of the United States and foreign countries. Dataflow's trademarks and trade dress may not be used without the prior written consent of Dataflow. You agree that we retain ownership of all intellectual property rights related to the Service, except for the Data Collected. This includes applicable copyrights, trademarks, and other proprietary rights including, but not limited to, the interfaces’ design, the graphical assets, our proprietary algorithms, the computer code, our documentations, terms of service, privacy policy and all other elements of the Service. Also, you may submit comments, feedback or ideas about the Service and agree that your disclosure is gratuitous and without any restriction. Your comments or ideas will not place Dataflow under any fiduciary or other obligation, and we are free to use these without any additional compensation to you. Dataflow reserves all rights that are not expressly granted under this Contract.

Copyright Policy

Dataflow respects the intellectual property rights of others. It is our policy to respond to any claim that Service infringes on the copyright or other intellectual property rights (referred as to “Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@usedataflow.com, with the subject line: “Dataflow - Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Dataflow Legal team with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

Disclaimer

Change to Service

Dataflow reserves the right to withdraw or amend the Service in its sole discretion and without notice. Dataflow will not be liable if for any reason, all or any part of Service is unavailable at any time or for any period. Furthermore, access may be restricted to some parts of Service, or the entire Service, to Users, including Customer from time to time.

No responsibility

Damages

You agree that the use of the Service and by extent the potential consequences as well as Data Collected are at your own discretion and risk.

You are solely responsible for direct or indirect damages or losses resulting form :

Additionally, Dataflow does not guarantee the accuracy, completeness, or usefulness of any Data Collected using the Service.

Use of the content

You are solely responsible for the use of the Data Collected through the Service. Under no circumstances will Dataflow be responsible for any damages or losses resulting from reliance on the Data Collected using the Service.

No warranty

The Service is provided “as is” and without warranty of any kind, including but without limitation, the availability, reliability, accuracy, completeness, timeliness legality, suitability, privacy, security, quality or non-infringement. Dataflow does not warrant that the Service will be uninterrupted or error-free and that defects will be corrected.

Limitation of liability

In no event Dataflow's liability to you will exceed $10. You acknowledge and agree that Dataflow has offered the Service, set its prices, and entered into this Contract in reliance upon the disclaimers of warranty and limitations of liability set. Those conditions reflect a reasonable and fair allocation of risk between you and Dataflow, and constitute an essential basis for the terms of our business relationship. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. In such cases, Dataflow’s liability will be limited to the fullest extent permitted by applicable law.

Indemnity

You agree to defend and if required indemnify Dataflow from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third-party related to:

Governing Law

This Contract and your use of the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. If any part of these Terms of Service is held invalid or unenforceable, that portion of the contract will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure of Dataflow to enforce any provision of these Terms of Service will not be considered a waiver of our right to enforce such provision, and our rights under these Terms of Service will survive any Contract termination.

Claims

You agree that any cause of action related to your relationship with Dataflow must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If you attempt to bring any legal action against Dataflow based in any way on the Service, you agree that in the event you do not prevail, or Dataflow does prevail, you will reimburse any costs and attorneys’ fees associated with our defense of the action.

Arbitration

You agree to resolve any claims relating to these Terms of Service through binding arbitration. Any arbitration will be held in Palo Alto, California and conducted by the American Arbitration Association under its consumer arbitration rules.

Miscellaneous

Survival

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.

No waiver

No waiver by Dataflow of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dataflow to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

Severability

Any provision of this Contract which is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable in such jurisdiction shall be ineffective to the extent of such illegality, invalidity, or unenforceability. Otherwise, such provision must be enforced to the maximum extent permitted by law in any other jurisdiction.

Assignment

These Terms of Service and any rights and/or licenses granted may not be transferred or assigned by you, but may be assigned by Dataflow without any restriction.

Contact

If you have questions about these Terms of Service, please contact us via email at legal@usedataflow.com or via mail at Dataflow, 971 Duncan Street, San Francisco, CA 94131, United States. If you want to reach customer support, send feedback, feature request, holler 😁 via email at hey@usedataflow.com