Terms of Use (Terms and Conditions)

Last modified: March 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" (hereinafter 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.

You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of these Terms and Conditions, you may not access the Service.

Your access to and use of the Service also depends on Your consent and compliance with the Company's Privacy Policy published at https://megaladata.com/privacy. Our Privacy Policy describes Our policies and procedures regarding the collection, use, and disclosure of the personal data that You submit when using the Website, as well as 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 purpose.
You may not use the Service to commit any fraudulent or malicious acts.
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 materials;
You may not attempt to transfer Your rights to use the Service to any third party in any way without the express written consent of the Company.

Your Feedback About Us

You shall transfer to the Company all the rights (ownership and legitimate interests included) related to the feedback that you provide, including via the feedback forms:

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 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. You also 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 You visit.

Termination

We may terminate or suspend Your access to the Service (and thereby terminate the agreement on the use of the Service) immediately, without prior notice or liability, for any reason, including, but not limited to, your violation of these Terms.

Upon termination of the agreement on the use of the Service, Your right to use the Service terminates immediately, and You must cease all further use of the Service. Termination of the agreement on the use of the Service shall not relieve You of any obligations or liabilities that You have incurred before the date of termination, nor shall it relieve You of any obligations or liabilities that You may have incurred as a result of 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 it.

Limitation of Liability

In the event of any damages incurred when using the Service, the liability of the Company and its suppliers (contractors), according to any provision of these Terms, shall be limited to the actual amount paid by You through the Service.

However, this limitation shall not apply if You are considered a consumer under the Law of the Republic of Armenia on the Protection of Rights of Consumers, in which case the Company's liability will be limited to the maximum extent permitted by the applicable laws of the Republic of Armenia. To the extent permissible under laws of the Republic of Armenia, 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, including but 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 such party would have received, 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 applicable law, the Company, on its own behalf and on behalf of its Affiliates, its own and their respective licensors and suppliers (contractors), expressly disclaims all warranties (prominent, implied, statutory, or otherwise) concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, grounds for the acquisition and non-infringement of rights, as well as any warranties that may arise as a result of business relations, work, use, or business practices. Without limiting the preceding, the Company makes no warranties, obligations, or representations that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, run smoothly, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.

Without limiting the preceding, neither the Company nor any of its suppliers (contractors) make any representations or warranties of any kind, either express or implied: (i) concerning the operation or availability of the Service or any information, content, materials, or products it contains; (ii) that the operation of the Service will be uninterrupted or error-free; (iii) concerning the accuracy, reliability, or relevance of any information or content provided through the Service; or (iv) that the Service, its servers, content, or e-mails sent by or on behalf of the Company do not contain viruses, scripts, Trojan horse viruses, worms, malware, time bombs, or other malicious components.

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 laws of the Country, except conflict-of-laws rules, govern these Terms and Your use of the Service. Your use of the Service may also be governed by other local, state, national, or international laws.

Dispute Resolution

Should You have any concerns or disputes about the Service, You hereby agree to try to resolve the dispute informally (through the pre-trial process) by contacting the Company using the methods specified in section "Contact Us".

In case of failure to reach an agreement when resolving a dispute informally (through the pre-trial process), the dispute is subject to consideration in court at the Company's location under applicable law (see section "Governing Law").

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 U.S. Law

You hereby represent and warrant that (i) you are not located in a country that is subject to an embargo by the United States Government or that has been designated by the United States Government as a "terrorist-supporting country"; and (ii) you are not included in any list of prohibited or restricted parties by the United States Government.

Invalidity of Individual Provisions and Waiver

Invalidity of Individual Provisions

Should any provision of these Terms be deemed unenforceable or invalid, such provision will be amended and interpreted to achieve the purposes of the said provision to the maximum extent possible under applicable law, and the remaining provisions will remain in effect.

No Waiver

Except for the cases provided in this document, any non-use of a right or non-performance of an obligation under these Terms does not affect the ability of a party to exercise such right or demand performance of the obligation at any time thereafter. A waiver of the right to demand elimination of any violation of these Terms is not a waiver of the right to demand elimination of violations in the future.

Changes to These Terms

We reserve the right to change or replace these Terms at any time, at our sole discretion. If the change is material, We will make a reasonable effort to provide notice at least 30 (thirty) days before the day when any new terms come into effect. The essence of any material change will be determined at our sole discretion.

By continuing to access or use our Service once these changes have taken effect, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.

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.