Terms of Use (Terms and Conditions)
Last modified: July 2024
Interpretation and Definitions
Interpretation
The words that start with a capital letter have meanings as determined below. The terms listed below have the same meaning regardless of whether they are singular or plural.
Definitions
For these Terms and Conditions, the following terms and their definitions are used:
- "Affiliated person" refers to a legal entity that controls, is controlled by, or is under common control of a party, where "control" means ownership of 50% or more of the shares, interests, or other securities that give the right to vote in the election of directors or other governing bodies.
- "Country" refers to the Republic of Armenia.
- "Company" (herein referred to as the Company, We, Us or Our) refers to MEGALADATA, LLC, located at Armenia, Yerevan, Arami st., 42, 0002.
- "Device" means any device that can access the Service, such as a computer, mobile phone or digital tablet.
- "Service" refers to the Website.
- "Terms and Conditions" (also referred to as "Terms") are the terms and conditions that constitute the entire agreement between You and the Company regarding the use of the Service.
- "Website" refers to Megaladata.com (https://megaladata.com/) or its subdomains (https://help.megaladata.com/, https://demo.megaladata.com/, https://examples.megaladata.com/).
- "You" means an individual accessing or using the Service; or a company or other legal entity on whose behalf such individual accesses or uses the Service, as appropriate.
Confirmation
These Terms govern the use of the Service and constitute a valid agreement between You and the Company. These Terms establish the rights and obligations of all users concerning the use of the Service.
Your access to and use of the Service depends on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service from any Device.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms and Conditions, You may not access the Service.
Your access to Service also depends on Your consent and compliance with the Company's Privacy Policy located at https://megaladata.com/privacy. Our Privacy Policy describes Our policies and procedures regarding the collection, use, and disclosure of Your personal data when You use the Service. Is also informs You about Your privacy rights and the laws that offer You protection. Please read our Privacy Policy carefully before using our Service.
Intellectual Property
The Service, its source content, features, and functionality shall remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademarks and other laws of both the Country and foreign countries.
The Company strictly prohibits using its trademarks and all other forms of intellectual property in connection with any products or services without express written consent. Such consent must be obtained from the Company before engaging in any activity that involves the use of the Company's intellectual property.
Use Restrictions
The Company is willing to grant You the right to use the Service only under the following restrictions:
- You may not use the Service in any way or for any purpose that violates, misappropriates or otherwise infringes on the Company's intellectual property rights to the Service, other rights of any third party, or violates any applicable laws.
- You may not reconstruct, decompile or disassemble the Service.
- You may not attempt to change or interfere with the normal operation of the Service.
- You may not use the Service for any illegal, fraudulent or malicious purpose.
- You may not use the Service to collect or harvest any information from any other users of the Service, including without limitation any personally identifiable information.
- You may not use the Service to transmit any viruses, worms, Trojan horses, or other harmful
malware; - You may not attempt to transfer Your rights to use the Service to any third party in any way without the express written consent.
Your Feedback About Us
You shall transfer all ownership rights, including any intellectual property rights, related to the feedback that you provide, including via the feedback forms to the Company:
- https://megaladata.com/company/contact;
- https://megaladata.com/presentation-request;
- https://megaladata.com/download;
- https://megaladata.com/platform/server-trial.
Should such concession be invalid for any reason, you shall agree to grant the Company a non-exclusive, perpetual, irrevocable, and free right (license) to use, reproduce, disclose, sublicense, distribute, modify, and make use of such feedback, without restrictions and worldwide.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company does not control and is not responsible for the content, privacy policy, or actions of any third-party websites or services. By using our Service, You acknowledge and agree that the Company is not directly or indirectly liable for any damage or loss caused by, or alleged to be caused by or related to the use of or reliance on any such content, products or services available on or through any such websites or services.
We strongly recommend that You review the terms and privacy policies of any third-party websites or services that You visit.
Termination
We may immediately terminate or suspend Your access to the Service (and in doing so will terminate the agreement on the use of the Service) , without prior notice or liability, for any reason, including, but not limited to, Your violation of these Terms.
When this agreement ends, Your right to use the Service stops immediately. You must also stop using the Service at that time. Ending this agreement won't erase any obligations or liabilities You had before or that resulted from Your use of the Service.
You agree that the Company shall not be liable to You or any third party for any termination or suspension of the Service, nor for any losses or damages that may result from this action..
Limitation of Liability
In the event of any damages arising out of or in connection with Your use of the Service, the liability of the Company and its suppliers (contractors), according to any provision of these Terms, shall be limited to the amount actually paid by You through the Service. This limitation of liability does not apply to consumers under the Law of the Republic of Armenia on the Protection of Rights of Consumers. Under Armenian law , the Company or its suppliers (contractors) shall not be held liable, under any circumstances, for any damages as defined by the Civil Code of the Republic of Armenia. This includes, but is not limited to, the expenses incurred by the injured party to restore their violated rights, the loss or harm to their property (actual damage), or the unearned income that would have been received by such party had their rights not been violated (lost benefit). The above limitations and exclusions of liability shall apply regardless of whether the Company or its suppliers (contractors) had prior knowledge of the possibility of such damages.
Disclaimer of Warranties
The Service is provided to You "as is" and "as available," with all faults and defects and without any guarantees. To the maximum extent permitted by law, the Company and its affiliates (including licensors and suppliers) expressly disclaim all warranties (express, implied, or statutory), including merchantability, fitness for a particular purpose, title, non-infringement, and any arising from course of dealing, use, or trade practice. The Company makes no representations that the Service will meet Your needs, achieve specific results, be compatible with other software, run smoothly, meet performance standards, or be error-free. Neither the Company nor its suppliers warrant the operation, availability, uninterrupted use, accuracy, reliability, or virus-free nature of the Service or its content.
Confidentiality
You acknowledge that in the course of using the Service and/or engaging in any communication with the Company, You may have access to certain Confidential Information (as defined below). You agree to maintain the confidentiality of all such Confidential Information and to not disclose or reveal any such Confidential Information to any third party without the Company's prior written consent. You shall promptly notify the Company in writing in the event of any unauthorized use or disclosure of Confidential Information, or any other breach of this confidentiality clause.
"Confidential Information" means any information (whether written, oral, electronic, or otherwise) that is disclosed by the Company, any of its employees, agents, or representatives and designated as confidential or that, under the circumstances surrounding the disclosure, should be treated as confidential by You. Confidential Information includes, but is not limited to, the Service, proprietary software, business plans, financial information, marketing strategies, customer lists, and any other trade secrets of the Company.
Confidential Information does not include information that: (a) is or becomes generally available to the public through no fault of Your own; (b) was rightfully in Your possession without restriction before disclosure by the Company; (c) is rightfully received by You from a third party without restriction and breach of a nondisclosure obligation; (d) is developed independently by You without use of or reference to the Confidential Information; or (e) is required to be disclosed by law or court order, provided however, that You shall give the Company prompt written notice of such requirement.
This confidentiality clause shall survive the termination of the agreement on the use of the Service.
Governing Law
The term "Country" as used in this section refers to the country of MEGALADATA LLC incorporation. These Terms and Your use of the Service are governed by the laws of the Country, excluding its conflict-of-laws rules. Your use of the Service may also be governed by other local, state, national, or international laws.
Dispute Resolution
If you have any concerns or disputes about the Service, You agree to first try to resolve them informally (through a pre-dispute resolution process) by contacting the Company using the methods specified in the Contact Us section.
If the informal resolution process (pre-dispute resolution) fails to reach an agreement, the dispute will be subject to binding arbitration according to the applicable law (see Applicable Law section) at the Company's location.
For Users from the European Union (EU)
If You are a consumer from the European Union, You will use all the mandatory provisions of the legislation of the country of your residence.
Compliance with the US Law
In order to use this service, You must confirm two things. First, You cannot be located in a country that the US government has restricted trade with through embargoes or designated as a supporter of terrorism. Second, Your name cannot appear on any US government list that restricts or prohibits certain activities.
Invalidity of Individual Provisions and Refusal to Exercise Rights
Invalidity of Individual Provisions
If any part of these Terms is found to be unenforceable or invalid, that part will be changed just enough to make it legal while still achieving our original intent. The rest of the Terms will still apply.
Refusal to Exercise Rights
This document clarifies that a party's decision not to enforce a right or fulfil an obligation in the past does not limit their ability to do so in the future. For example, if a party chooses not to exercise a right granted in this document, they can still enforce it later. Similarly, if a party doesn't perform an obligation outlined here, the other party can still demand they fulfil it later. Importantly, choosing to overlook a specific violation of these Terms does not prevent the party from addressing any future violations.
Changes to Terms and Conditions
We can change these Terms at any time for any reason. We will try to give You at least 30 days-prior notice if we make a significant change to the Terms (a "material change"). For example, a material change could be a change to how our service works, how we collect Your data, or how much we charge.
If You keep using our service after the updated Terms come into effect, You agree to be bound by the new terms. If You don't agree to the new terms, You can stop using our service.
You can get the latest version of the Terms by visiting our website or contacting us.
Contact Us
If you have any questions about these Terms, You are free to e-mail us at [email protected] or fill out the feedback form at https://megaladata.com/company/contact.