An MLOps platform hosted atop Dataspine’s infrastructure, used for managing the entire lifecycle of AI/ML applications
An MLOps platform that may be deployed on top of a user’s public cloud infrastructure and is used for managing the entire lifecycle of AI/ML applications
An MLOps platform that may be deployed to a user’s infrastructure which maybe on-premises, on the public cloud (or any combination thereof) and is used for managing the entire lifecycle of AI/ML applications
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You have to be at least the age of majority in your jurisdiction of residence in order to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of your age, or restricts your ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services.In order to purchase our products, you must first register for the Services by completing the registration process with your current e-mail address and a password and other required information used for verification purposes.
SECURITY & VERIFICATION
You agree to:
. protect your password
. keep confidential any identification that we may provide you which allows access to the Services
. take full responsibility for your account
. not authorize a third party or legal entity to use your account
. be solely responsible for any and all activities that occur under your profile
. immediately change your password upon learning of any unauthorized use of your profile or any other breach of security and immediately notify us of such a breach
. provide additional information for identity verification purposes to the satisfaction of Dataspine in order to process your personal information deletion requests
PURCHASES & FEES
You may purchase products or services and access order history, amounts payable and similar account information by logging into your verified account. If you have any issues with your order, please contact us at email@example.com. The Services are to be billed in accordance with your agreement(s) and contract(s) with Dataspine, which may include services agreements and subscription agreements.For our paid services and products, you are responsible for the timely payment of all fees. Payment options may include third-party service provider (“Payment Processors”) such as Stripe. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of your payment card issuer in addition to these Terms. Dataspine is not responsible for any errors by the Payment Processor.
By using the Services, you further agree that:
. With the exception of you purchasing a product for the purposes of incorporating it into other products and as reflected in your agreement(s) with Dataspine, you will only use the Services where available for your sole, personal use and will not resell it to a third party.
. You will not assign or otherwise transfer your account to any other person or legal entity.
. You will not use the Services for unlawful or fraudulent purposes.
. You will not try to harm the Services in any way whatsoever.
. You will not copy or distribute the Website without written permission from Dataspine.
. You will provide us with whatever proof of identity we may reasonably request.
. You will not access the Services with unauthorized devices.
. You will comply with all applicable laws including Canadian laws and the laws of the area in which you are present while using the Services.
Dataspine reserves the right to immediately terminate your use of the Services should you not comply with any of the above rules. We reserve the right to investigate violations of any of the above to the fullest extent of the law.
By accepting these Terms and using the Services, you agree that you shall indemnify and hold harmless Dataspine, its affiliates, and each of their respective officers, directors, employees, attorneys and agents (collectively “Dataspine Group”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, or (iii) your use or misuse of the Services.
THE LEGISLATION OF CERTAIN JURISDICTIONS DOES NOT ALLOW FOR CERTAIN EXCLUSIONS OF LIABILITY, SO THAT SOME OF THE PROVISIONS BELOW OR ANYWHERE ELSE IN THESE TERMS MAY NOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS SHALL AFFECT YOUR APPLICABLE STATUTORY RIGHTS.YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DATASPINE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR PERSONAL EXPECTATIONS OR BE OF A CERTAIN QUALITY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO MEMBER OF THE DATASPINE GROUP SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, REVENUE, ECONOMIC ADVANTAGE, GOODWILL, LOSS OF OR DAMAGE TO DATA, OPPORTUNITY OR SALES, DAMAGES FOR PERSONAL INJURY, OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT THE DATASPINE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT OR TORT LAW, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT YOU MAY ACCESS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE DATASPINE GROUP FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. DATASPINE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.WITHOUT PREJUDICE TO THE FOREGOING, THE AGGREGATE LIABILITY OF DATASPINE GROUP TO YOU IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES SHALL IN NO EVENT EXCEED $100.00 CANADIAN.NO INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. THERE ARE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS IN RESPECT OF THIRD-PARTY GOODS OR SERVICES ADVERTISED ON OR OFFERED THROUGH THE SERVICES. DATASPINE IS NOT RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES.
INTELLECTUAL PROPERTY OWNERSHIP
Dataspine alone (and its third party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Dataspine. If your use is limited to browsing, no right or license is granted to use Dataspine’s name, logo, and the product names associated with the Services, and Dataspine’s affiliated companies. Otherwise, your rights are defined in any agreements you have entered into with us.
THIRD PARTY INTERACTIONS
These Terms (including any referenced documents and written agreements entered into between you and us) constitute the entire agreement between you and Dataspine and governs your use of the Services, superseding any prior version of these Terms between you and Dataspine.
WAIVER AND SEVERABILITY OF TERMS
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
MODIFICATION OF THE SERVICES AND TERMS
Dataspine reserves the right, at its sole discretion to change, suspend, or discontinue the Services (including without limitation, the availability of any feature or content) at any time. Dataspine may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.We reserve the right, at our sole discretion, to modify or replace any of these Terms. If we change these Terms, we will provide notice to you by posting the revised Terms on our Website and by indicating at the top of this page the date these Terms were last updated. Such changes will be effective when the revised Terms are posted to our Website, unless the jurisdiction in which you reside requires you to have 30 days prior notice. In the latter case, the effective date of the revised Terms will be 30 days after they are posted on the Website. You should check the Terms frequently for any revisions, and especially before your use of the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, you are no longer authorized to access or use the Services.
You may not assign your rights under these Terms without our prior written approval.
APPLICABLE LAW AND DISPUTE RESOLUTION
To the fullest extent permitted by applicable law, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or claim (a “Dispute”) arising out of or in connection with these Terms or your use of the Services and attorn to the jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND DATASPINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Dataspine agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.If you are located in, are based in, have offices in, or do business in a jurisdiction in which the following provision is enforceable, the following mandatory arbitration provision applies to you. You agree that any Dispute shall be submitted to and determined by binding arbitration in accordance with the applicable rules of the American Arbitration Association. The number of arbitrators shall be one and the parties shall mutually agree and appoint an arbitrator within 10 days of the delivery of the notice of arbitration, failing which the arbitrator shall be appointed by International Center for Dispute Resolution Canada. The seat and venue of the arbitration shall be Toronto, Ontario, Canada. The language of arbitration shall be English. By agreeing to this provision, the parties agree that arbitration shall be the exclusive forum for resolving all Disputes and the decision of the arbitrator shall be final and binding upon both parties hereto. The decision of the arbitrator shall be executory, and judgment thereon may be entered by any court of competent jurisdiction.If you are not in a jurisdiction in which arbitration is permitted, then the parties may enforce their rights in a court in the province of Ontario.
TERMINATION OF YOUR ACCOUNT
THESE TERMS ARE EFFECTIVE UNTIL TERMINATED BY YOU OR DATASPINE. YOU MAY TERMINATE YOUR ACCOUNT AT ANY TIME BY DELETING YOUR ACCOUNT AND DISCONTINUING YOUR USE OF THE SERVICES.
EFFECTS OF TERMINATION OF YOUR ACCOUNT