These Terms of Service ("Terms") constitute a legally binding agreement between you and Rapidata, Inc. ("Rapidata," "we," "our," or "us"), a Delaware corporation with its principal offices at 315 Park Ave South, Floor 14, New York, NY 10010. These Terms govern your access to and use of our website at rapideta.us and the Rapidata data analytics platform and related services (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY CLICKING "I AGREE," BY ACCESSING THE SERVICE, OR BY USING ANY PART OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.
By creating an account, accessing, or using the Service, you affirm that you are at least 18 years of age, that you have the legal authority to enter into these Terms, and that you agree to be bound by these Terms. If you are accessing or using the Service on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
Rapidata reserves the right to modify these Terms at any time. We will notify you of material changes by email to the address associated with your account or by posting a notice on our website. Your continued use of the Service following the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.
To access certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify Rapidata immediately at security@rapideta.us if you suspect unauthorized access to your account or any security breach. Rapidata will not be liable for any loss or damage arising from your failure to protect your account credentials or to promptly notify us of a security incident.
Rapidata reserves the right to suspend or terminate any account that we reasonably believe has been compromised, is being used in violation of these Terms, or poses a risk to the security or integrity of our infrastructure or other users' data.
Rapidata provides a real-time data analytics platform that enables enterprise customers to ingest, process, transform, and analyze streaming data at scale. The specific features, functionality, and service levels available to you depend on the subscription plan you have selected and the terms of any applicable order form or enterprise agreement.
Rapidata reserves the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable advance notice to affected customers. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, provided that we comply with any applicable notice requirements in your enterprise agreement.
Subject to your compliance with these Terms and your subscription agreement, Rapidata grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term.
You agree not to use the Service to:
You retain all ownership rights in the data you upload, transmit, or otherwise make available through the Service ("Customer Data"). By providing Customer Data to the Service, you grant Rapidata a limited, non-exclusive license to access, store, process, and transmit Customer Data solely as necessary to provide the Service to you and as described in our Data Processing Agreement (DPA).
You are solely responsible for the accuracy, legality, and quality of Customer Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions required to upload Customer Data to the Service, including any consents required by applicable data protection law for the processing of personal data of individuals whose data may be included in Customer Data.
Rapidata will maintain reasonable technical and organizational measures to protect Customer Data against unauthorized access, disclosure, alteration, or loss, as described in our Security documentation and the applicable DPA. Rapidata's obligations with respect to Customer Data are governed by the DPA, which is incorporated into these Terms by reference.
The Service, including all software, algorithms, source code, object code, APIs, user interfaces, designs, documentation, and all other elements, is owned by Rapidata and is protected by United States and international intellectual property laws. Nothing in these Terms transfers any ownership rights in the Service to you.
If you provide Rapidata with feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby grant Rapidata a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback in any manner without restriction or compensation to you.
The Service may incorporate open-source software components, which are governed by their respective open-source licenses. To the extent any open-source license terms conflict with these Terms, the open-source license terms will govern with respect to the applicable open-source component. A list of open-source components used in the Service is available upon request.
Subscription fees for the Service are specified in your order form or enterprise agreement and are due and payable in advance. Unless otherwise specified, subscriptions automatically renew at the end of each subscription period at the then-current subscription price.
All fees are non-refundable except as expressly stated in your enterprise agreement or as required by applicable law. Rapidata reserves the right to modify pricing with at least 60 days' written notice to you prior to the start of the next renewal period.
If any amount owed is not received by Rapidata by the due date, Rapidata reserves the right to charge late fees at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower, and to suspend your access to the Service until payment is received in full.
Each party may have access to confidential information of the other party in connection with the Service ("Confidential Information"). Each party agrees to hold the other party's Confidential Information in confidence using at least the same degree of care it uses to protect its own confidential information (but no less than reasonable care), and not to disclose or use the other party's Confidential Information for any purpose other than performing or receiving the Service.
Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party at the time of disclosure, is independently developed by the receiving party without use of the disclosing party's Confidential Information, or is rightfully received from a third party without restriction on disclosure.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAPIDATA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
RAPIDATA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAPIDATA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RAPIDATA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF RAPIDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAPIDATA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO RAPIDATA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
These limitations apply whether the liability is based on contract, tort, strict liability, or any other theory, and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for certain damages; in such jurisdictions the above limitations apply to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Rapidata and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Customer Data, including any claim that Customer Data infringes a third party's intellectual property rights or violates applicable law; (c) your violation of any applicable law or regulation; or (d) any misrepresentation you make in connection with these Terms.
These Terms will remain in effect for the duration of your subscription or use of the Service. Either party may terminate these Terms if the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice.
Rapidata may immediately suspend or terminate your access to the Service without notice if: (a) we determine that you have used the Service for unlawful purposes; (b) you have violated the prohibited uses described in Section 4.1; or (c) continued provision of the Service would expose Rapidata to legal liability or harm to other users.
Upon termination, your right to access and use the Service will immediately cease. Within 30 days following termination, you may request an export of your Customer Data, after which Rapidata will delete your Customer Data in accordance with our data deletion procedures, except as required for legal compliance purposes.
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in New York County, New York, for any dispute arising out of or relating to these Terms or the Service.
Before initiating formal legal proceedings, both parties agree to attempt in good faith to resolve any dispute through negotiation. If negotiation fails to resolve the dispute within 30 days, either party may pursue litigation in the courts described above.
Entire Agreement: These Terms, together with any applicable order forms, enterprise agreements, DPA, and any policies referenced herein, constitute the entire agreement between you and Rapidata with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Waiver: Rapidata's failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without Rapidata's prior written consent. Rapidata may freely assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Notices: All legal notices to Rapidata must be sent by email to legal@rapideta.us or by certified mail to Rapidata, Inc., Attn: Legal, 315 Park Ave South, Floor 14, New York, NY 10010.
If you have questions about these Terms of Service, please contact us:
Rapidata, Inc.
315 Park Ave South, Floor 14
New York, NY 10010
Email: legal@rapideta.us
Phone: (212) 247-3891