These Terms of Service (“Terms”) govern your access to and use of Data Drop LLC’s website, software, and services (collectively, the “Service”). Your relationship with Data Drop LLC is governed by the laws of the State of Colorado, United States of America. By accessing or using the Service, you agree to be bound by these Terms.
1 Acceptance of Terms
By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2 Description of Service
Data Drop LLC provides a cloud-based data management platform designed for water treatment and industrial equipment testing professionals. The Service enables users to record, manage, and report on chemical test results and equipment data. Features and functionality may be updated from time to time at Data Drop LLC’s sole discretion.
3 Account Registration
To access the Service, you must register and create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Keep your password confidential and not share it with any third party.
- Notify Data Drop LLC immediately of any unauthorized use of your account.
- Accept responsibility for all activity that occurs under your account.
4 Subscription and Payment
Access to the Service requires a paid subscription. By providing payment information, you authorize Data Drop LLC to charge the applicable fees. Subscription fees are billed in advance on a recurring basis. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. Data Drop LLC reserves the right to change subscription pricing upon notice to you.
Accounts that become past due will have their ability to create new records and reports suspended. Read-only access to existing data will remain available. Account data is retained for 12 months following cancellation or extended non-payment. After that period, Data Drop LLC may permanently delete your data. We will make reasonable efforts to notify you before any deletion occurs. It is your responsibility to export any data you wish to retain before that period expires.
5 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
- Transmit any unsolicited or unauthorized advertising or promotional material.
- Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service.
- Use the Service to transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
- Interfere with or disrupt the integrity or performance of the Service.
- Reverse engineer, decompile, or disassemble any part of the Service.
6 Ownership of Data
You retain ownership of all data, test results, and reports that you submit to the Service (“Your Data”). By using the Service, you grant Data Drop LLC a limited, non-exclusive license to store and process Your Data solely as necessary to provide the Service. Data Drop LLC does not sell or share Your Data with third parties except as described in our Privacy Policy.
7 Intellectual Property
The Service, including all software, designs, text, graphics, and other content (excluding Your Data), is licensed to Data Drop LLC and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during the subscription term.
8 Confidentiality
Each party agrees to protect the other’s confidential information with the same degree of care it uses for its own confidential information, but no less than reasonable care. Data Drop LLC’s confidential information includes the Service and its underlying technology. Your confidential information includes Your Data.
9 Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DATA DROP LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
10 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATA DROP LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. IN NO EVENT SHALL DATA DROP LLC’S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU PAID TO DATA DROP LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11 Indemnification
You agree to indemnify, defend, and hold harmless Data Drop LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.
12 Termination
Either party may terminate these Terms at any time. Data Drop LLC may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Data Drop LLC may retain or delete Your Data in accordance with our data retention policies described in Section 4.
13 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Colorado.
14 Changes to Terms
Data Drop LLC reserves the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
15 Contact
If you have any questions about these Terms, please contact us at info@datadrop.co.