Please read these Standard Terms of Use (“Terms”). By using the Service (defined below) or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and DataShift, a product owned by Cognitive Creators (collectively, “DataShift,” “we,” “us”).
DataShift is part of the product offering of Cognitive Creators (collectively, “CC”).
1.1. CC’s Website: www.cognitivecreators.com, along with all pages and subdomains.
1.2. Integration: a data source such as sales data (e.g., from an eCommerce platform), website traffic data (e.g., from Google Analytics), digital advertising data (e.g. from Meta Ads) or email data (e.g. from Mailchimp) that the Client authorizes CC to access and retrieve data in order to provide the Service.
1.3. Paid Subscription: the paid subscription service, as per the prices stated in the offer.
1.4. Personal Data: any information describing or relating to an identifiable individual (where an identifiable individual is an individual who can be identified indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual).
1.5. Service: any of the web-based applications, tools, APIs and platforms available as a subscription, developed, operated and maintained by the CC, accessible via a designated URL, and any ancillary products and services, including cloud hosting, provided to the Client.
1.6. Subscription Term: means the initial term of your subscription to the applicable Service, and each subsequent renewal term (if any).
2.1. By using the Service, the Client agrees to be bound by the latest version of the Standard Service Terms, all applicable laws and regulations, and agrees to be responsible for compliance with any applicable local laws or regulations.
2.2. The CC may update, revise or amend these Terms of Service and/or any other policies, terms or conditions applicable to the use of the Service, at any time. The CC will notify the Client of any material changes to this Agreement via email. Continuing use of DataShift signifies the Client’s agreement to be bound by the current version of such Agreement. The Client is exclusively responsible and liable for keeping up to date of the latest applicable version of these documents.
2.3. The CC licenses a non-exclusive, non-transferable, non-sub-licensable right of use of its Service to the Client, conditioned by the compliance with this Agreement.
2.4. The Client will use the Service only for its own purpose and refrain from reselling, distributing, renting or leasing the Service to third parties. A separate agreement to be executed between the parties is required for the Client to use the Service in connection with third parties.
2.5. The Service shall not be used on more domains than included in the Paid Subscription. The default number of included domains is one.
2.6. The Service’s data visualization features are not guaranteed to have perfect correctness and are subject to the quality and cleanliness of the datasets provided via Integrations. The CC shall not be liable for any of the Client’s business decisions and automated business processes resulting from the use of the Service.
2.7. The Client will not interfere with or disrupt the integrity or performance of the Service.
2.8. The Client must notify the CC of any defect of the Service immediately after its detection. The CC will use commercially reasonable efforts to repair the defect within a reasonable period.
2.9. The intellectual property over the know-how, the software and design that runs the Service (source code and binaries) belongs exclusively to the CC. All modifications that may be made to it as a result of the cooperation between the parties, even suggestions of improvements made by the Client, which may be developed by the CC (at the CC’s option) and will belong to the CC. The Client will have no ownership, not even partial, over the intellectual property in or to the Service, including the algorithms, software and systems of the Service.
2.10. The CC manages and maintains all the servers, including proprietary or third-party software. No direct access to the infrastructure or software is provided to the Client.
2.11. The CC is entitled to carry out maintenance work that can disrupt the Service. The planned maintenance work may be notified in advance by email (sent to the email address specified in Client’s account) or by means of a notice on the CC’s Website.
3.1. The CC collects, stores and visualizes data as a result of, or in the course of, providing the DataShift products and services hereunder.
3.2. The Client is responsible to obtain the consent to record, store and process data from its End Users, in accordance with the applicable laws and regulations regarding Personal Data, as necessary for CC and its Affiliates to provide the Service.
3.3. The Client shall not send/transfer/disclose to the CC any sensitive personal information of its End Users. If it is necessary for Client to share/disclose/transfer such personal information to the CC, it shall always be de-personalised, anonymised and/or otherwise encrypted (or hashed) so as to no longer constitute Personal Data within the meaning of the EU General Data Protection Regulation 2016/679 or any other legislation regarding personal data before disclosure/transfer to the CC.
3.4. If Client is unable to comply with such pre-disclosure encryption / de-personalisation / anonymisation / hashing requirement and sends the CC personal data of its End Users, the Client is exclusively responsible to inform about, and to obtain the consent to record, store and process data from its End Users, in accordance with the applicable laws. The Client hereby undertakes to procure that such End User consent extends also to the CC and its Affiliates, to allow the latter to record, store and process this information on behalf of the Client. The relationship between Client, on one hand, and CC on the other hand, in relation to such data processing will be governed by the Data Processing Addendum available here, which shall become an integral part of this Agreement.
3.5. The CC reserves the right to delete any End User data: (i) not legally obtained, or (ii) obtained without the End Users consent, or (iii) legally obtained with the End User's consent, but on the explicit request from the End User.
4.1. The Client shall pay the CC for the use of the Service a remuneration as per the selected subscription, and all amounts paid are non-refundable except as otherwise provided in this Agreement or required by law. The payment shall be made via bank transfer in EUR to the CC’s account. CC may change pricing, subscriptions, and usage plans by updating the Client upfront. However, if the Client has an active Paid Subscription in effect, the change will not apply until the next Billing Period.
4.2. For invoicing purposes, the Client shall also provide the VAT ID (if applicable) or other tax identification as and if requested.
4.3 Upgrades, downgrades and changes of the Paid Subscription shall be done at the beginning of a new Subscription Term, or in a prorated manner within the Subscription Term.
5.1. THE SERVICE IS PROVIDED AS-IS AND WITHOUT WARRANTY OF ANY KIND; TO THE EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR AN INTENDED PURPOSE, INTEGRATION, AVAILABILITY, NON-INFRINGEMENT, AND PERFECT ACCURACY.
However, the CC will use commercially reasonable efforts to make the Service available 99% of the time during each month, with the mention that CC will not be liable for the consequences of any interruptions or errors.
5.2. The Service commitment does not apply to any unavailability, suspension or termination of Agreement, or any other performance issues that result from: (a) a suspension / termination of this Agreement, (b) planned maintenance work on the Service, notified 24 hours in advance, (c) factors outside CC’s reasonable control, including any force majeure event, host provider’s service, or related problems beyond CC’s demarcation point, (d) any Client’s actions or inactions or any related third party, or (e) Client’s equipment, software or other technology and/or third-party equipment, software or other technology (other than Client’s infrastructure under CC’s direct control).
6.1. Client may request technical support, by emailing support@datashift.com
6.2. CC does not guarantee any specific response time for technical support, unless otherwise provided for a specific subscription.
7.1. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, PRODUCTIVITY, OPPORTUNITY OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), UNDER ANY LEGAL THEORY OR CLAIM EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION LIABILITY ARISING OUT OF BREACH OF CONTRACT, TORT, OR THE USE, INABILITY TO USE, POOR PERFORMANCE, OR DEFECTS OF THE SERVICE.
7.2. The CC is not liable for any use of the Service by the Client or End Users in violation of any laws and regulations, including the European Union or U.S. laws, the Client’s local laws or regulations, or the End Users local laws or regulations.
7.3. In any case, the CC is not liable, per claim or in the aggregate, for an amount greater than the CC was paid by the Client during the 12 months prior to a claim.
8.1. The Client is contracting with COGNITIVE CREATORS SRL and this Agreement shall be governed by the laws of Romania. Both parties’ consent to the exclusive jurisdiction and venue of the courts in Bucharest, Romania, for all disputes arising out of or relating to this Agreement or the use of the Service.