Terms of Service

1.1. These Terms of Service ("Terms") govern your access to and use of the website, web application, data analytics platform, and related Business Intelligence services (collectively, the "Platform" or "Services") provided by Dataseka (Pty) Limited ("Dataseka", "we", "us", "our").

1.2. These Terms constitute a legally binding agreement between you ("User", "Customer", "you", "your") and Dataseka.

1.3. By accessing or using the Services, you confirm that you:

• Have read, understood, and agree to be bound by these Terms;
• Meet the eligibility requirements set out in Section 3;
• Consent to the collection and use of your information as set forth in our Privacy Policy, which is incorporated by reference into these Terms;
• Agree to our Data Processing Agreement (DPA) if you upload data containing personal information.

1.4. Key Definitions:

• Account: Your registered user profile and workspace on the Dataseka Platform.
• Customer Data: All data, files, spreadsheets, databases, content, and information that you upload, store, process, analyze, or visualize using the Platform.
• Dashboards: Visual representations, reports, charts, and analytics outputs created using the Platform.
• Platform: The Dataseka website, web application, APIs, and associated infrastructure used to access the Services.
• Services: As defined in Section 1.1 and further detailed in Section 2.
• Subscription Plan: The specific tier of service (Free, Professional, Enterprise, etc.) to which you subscribe.
• Workspace: A collaborative environment within your Account where team members can access and work with Customer Data.

2.1. Dataseka provides Services that include:

• Cloud-based data storage and management infrastructure;
• Data upload capabilities supporting various file formats (CSV, Excel, JSON, SQL databases, etc.);
• Business Intelligence and data analytics tools;
• Interactive data visualization and dashboard creation;
• Collaboration features for team-based data analysis;
• APIs for programmatic access to your data and analytics;
• Data security, encryption, and access control features;
• Customer support and technical assistance;
• Educational resources and documentation.

2.2. Important Limitations:

• Data Ownership: You retain all ownership rights to your Customer Data. Dataseka acts solely as a data processor and service provider.
• Service Availability: While we strive for high availability, the Platform is provided "as available" and may experience occasional downtime for maintenance, updates, or due to factors beyond our control.
• Storage Limits: Storage capacity, compute resources, and feature availability depend on your Subscription Plan.
• Third-Party Dependencies: The Services rely on third-party infrastructure providers (e.g., Google Cloud Platform), and availability may be affected by these providers.

2.3. Service Modification: We reserve the right to modify, enhance, suspend, or discontinue any aspect of the Services at any time. We will provide reasonable advance notice of material changes that negatively impact functionality, typically 30 days where practicable.

2.4. Beta Features: We may offer beta or experimental features. These are provided "as is" without warranties and may be modified or discontinued without notice. Beta features are not covered by any Service Level Agreement (SLA).

2.5. Geographical Availability: The Services are available globally via the internet. Data storage regions may vary based on your Subscription Plan and configuration preferences.

3.1. To be eligible to register for an Account and use the Services, you must:

• Be at least 18 years old;
• Have the legal capacity to enter into binding contracts;
• If representing an organization, have authority to bind that organization to these Terms;
• Provide accurate and complete registration information.

3.2. Account Registration:

• You must provide accurate, current, and complete information during registration and keep your Account information updated;
• You may be required to verify your email address and identity;
• For Enterprise plans, additional verification and contracting processes may apply;
• Each person must register their own Account; Account sharing is prohibited.

3.3. Organizational Accounts:

• Organizations may designate administrators who have enhanced permissions to manage the Account, add/remove users, and configure settings;
• The organization is responsible for all activities conducted through its Account by any authorized user;
• Administrators must ensure departing team members' access is promptly revoked.

4.1. Account Security:

• You are solely responsible for maintaining the confidentiality and security of your Account credentials (password, API keys, access tokens);
• You must use strong, unique passwords and enable multi-factor authentication (MFA) when available;
• You must not share credentials with unauthorized parties;
• You agree to notify us immediately at security@dataseka.com of any suspected or actual unauthorized access or security breach;
• You are responsible for securing devices and networks used to access the Platform.

4.2. Lawful and Acceptable Use:

• You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms;
• You agree not to use the Services for any fraudulent, malicious, or illegal activities;
• You must comply with data protection laws (including POPIA, GDPR where applicable) in your use of the Platform;
• You are responsible for obtaining necessary consents and permissions for any personal data you upload to the Platform.

4.3. Prohibited Activities: You agree not to:

• Upload, store, or process data that is illegal, infringing, defamatory, abusive, or violates third-party rights;
• Use the Services to store or distribute malware, viruses, or other harmful code;
• Attempt to disrupt, interfere with, or compromise the security or integrity of the Platform or Services;
• Attempt to gain unauthorized access to other users' Accounts, data, or Dataseka systems;
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Platform;
• Use the Services to compete with Dataseka or develop competing products;
• Remove, obscure, or alter any proprietary notices or labels on the Platform;
• Exceed rate limits, usage quotas, or engage in excessive automated querying;
• Resell, sublicense, or redistribute the Services without written authorization;
• Use the Services for cryptocurrency mining or similar resource-intensive operations not related to legitimate data analysis;
• Scrape, crawl, or harvest data from other users without authorization.

4.4. Customer Data Responsibilities:

• You are solely responsible for the accuracy, quality, legality, and intellectual property rights of your Customer Data;
• You represent and warrant that you have all necessary rights, consents, and permissions to upload and process Customer Data on the Platform;
• You are responsible for maintaining backups of your Customer Data;
• You acknowledge that Dataseka has no obligation to monitor Customer Data for illegal content, but we may do so and remove content that violates these Terms or applicable law.

4.5. Resource Usage:

• You agree to use Platform resources reasonably and in accordance with your Subscription Plan limits;
• We may throttle, suspend, or limit your access if usage significantly exceeds allocated resources or negatively impacts other users;
• Excessive usage may result in additional charges or require an upgrade to a higher Subscription Plan.

5.1. Subscription Plans: Access to and use of the Services is subject to fees based on your selected Subscription Plan (Free, Professional, Enterprise, etc.). Plan details, features, and pricing are available on our website and pricing page.

5.2. Payment:

• You authorize Dataseka to charge applicable subscription fees to your designated payment method;
• Payment processing is handled by third-party providers; you must maintain valid payment information;
• Subscription fees are billed in advance on a monthly or annual basis as selected;
• All fees are non-refundable except as expressly stated in these Terms or required by law.

5.3. Fee Changes: We reserve the right to change subscription fees or introduce new charges with at least 30 days' advance notice. Continued use of the Services after the effective date constitutes acceptance of the new fees.

5.4. Usage-Based Charges: Certain features or resources (additional storage, compute capacity, API calls) may incur usage-based charges beyond your base subscription. You will be notified of applicable rates.

5.5. Taxes: Fees are exclusive of applicable taxes (VAT, GST, sales tax, etc.). You are responsible for all taxes associated with your use of the Services, except for taxes based on Dataseka's income.

5.6. Non-Payment: Failure to pay applicable fees may result in:

• Suspension of access to the Services;
• Restriction of features or data access;
• Account termination after reasonable notice;
• Interest charges on overdue amounts at the maximum legal rate;
• Recovery of collection costs, including reasonable attorney fees.

5.7. Downgrades and Cancellations:

• You may downgrade or cancel your subscription at any time through your Account settings;
• Downgrades take effect at the end of the current billing cycle;
• No refunds are provided for unused time in the current billing period;
• Upon downgrade, features and resources may be reduced according to the new plan;
• If data storage exceeds the new plan's limits, you must delete data or will be charged overage fees.

6.1. Dataseka Intellectual Property:

• The Platform, Services, software, algorithms, user interface, documentation, and all related content (excluding Customer Data) are the exclusive property of Dataseka or our licensors;
• All intellectual property rights, including copyrights, trademarks, patents, and trade secrets, are owned by Dataseka;
• The Dataseka name, logo, and brand elements are protected trademarks.

6.2. Limited License to Customer: Dataseka grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your subscription, solely for your internal business purposes and in accordance with these Terms.

6.3. Customer Data Ownership:

• You retain all ownership rights, title, and interest in your Customer Data;
• You grant Dataseka a limited license to host, store, process, and display your Customer Data solely to provide the Services;
• We may use aggregated, anonymized, de-identified data derived from Customer Data for analytics, research, and service improvement, provided no individual user or organization can be identified.

6.4. Dashboards and Outputs:

• You own all dashboards, reports, visualizations, and analytical outputs you create using the Platform;
• You may export and use these outputs outside the Platform;
• Outputs created by multiple users collaboratively are jointly owned by the contributing parties.

6.5. Feedback: If you provide feedback, suggestions, or ideas about the Services, you grant Dataseka a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and incorporate such feedback without compensation or attribution.

6.6. Restrictions: You may not use, copy, modify, create derivative works, distribute, license, sell, or exploit the Platform or Dataseka IP except as expressly permitted in these Terms. No rights are granted by implication.

7.1. Security Measures: Dataseka implements industry-standard technical and organizational security measures to protect Customer Data, as detailed in our Privacy Policy and Security Documentation.

7.2. Data Processing: Dataseka acts as a data processor when handling Customer Data containing personal information. Our data processing practices are governed by our Data Processing Agreement (DPA) and Privacy Policy.

7.3. Customer Responsibilities:

• You are responsible for configuring appropriate access controls and permissions for your Workspace;
• You must ensure compliance with applicable data protection laws for personal data uploaded to the Platform;
• You are responsible for obtaining necessary consents from data subjects;
• You should enable available security features (MFA, encryption, audit logs).

7.4. Data Breach Notification: We will notify you without undue delay of any confirmed security breach affecting your Customer Data, as required by applicable law and our DPA.

7.5. Data Location: Customer Data is stored in secure data centers operated by our infrastructure providers. Data residency options may be available based on your Subscription Plan.

8.1. Uptime Commitment: For paid Subscription Plans, we target 99.9% uptime on a monthly basis, excluding scheduled maintenance. Specific SLA terms are provided in your subscription agreement.

8.2. Scheduled Maintenance: We may perform scheduled maintenance during announced maintenance windows. We will provide reasonable advance notice for planned downtime.

8.3. Emergency Maintenance: We reserve the right to perform emergency maintenance without advance notice when necessary to protect the security or integrity of the Platform.

8.4. No SLA for Free Plans: Free tier accounts are provided without any uptime guarantee or SLA.

8.5. Service Credits: If we fail to meet our uptime commitment, eligible customers may receive service credits as specified in the applicable SLA.

9.1. General Disclaimer:

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATASEKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DATASEKA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR THAT ANY DATA OR CONTENT WILL BE ACCURATE, RELIABLE, OR COMPLETE.

9.2. Data Accuracy: Dataseka is not responsible for the accuracy, quality, or reliability of Customer Data or analytical outputs produced by the Platform. You are solely responsible for validating data and results before making business decisions.

9.3. Third-Party Services: We are not responsible for the acts, omissions, availability, or security of third-party infrastructure providers, authentication services, or integrations.

9.4. Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATASEKA, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF DATASEKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.5. Aggregate Liability Cap:

DATASEKA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE GREATER OF: (I) THE TOTAL FEES ACTUALLY PAID BY YOU TO DATASEKA DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) USD $100.

9.6. Exceptions: These limitations do not apply to liability resulting from Dataseka's gross negligence, willful misconduct, or fraud, or any liability that cannot be excluded or limited under applicable law (such as death or personal injury caused by negligence).

9.7. User Responsibility: Dataseka is not liable for losses resulting from:

• Your failure to maintain Account security;
• Unauthorized access due to your actions or negligence;
• Your provision of inaccurate or incomplete information;
• Your failure to comply with these Terms or applicable laws;
• Your failure to maintain adequate backups of Customer Data;
• Deletion or loss of data at your direction or due to your actions.

You agree to indemnify, defend, and hold harmless Dataseka and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Services;
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property or privacy rights;
• Your Customer Data or any content you upload, transmit, or make available through the Services;
• Your negligence or willful misconduct;
• Claims by your employees, contractors, or end-users regarding the Services or Customer Data;
• Your failure to comply with data protection laws regarding Customer Data.

Dataseka reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will fully cooperate with us in asserting any available defenses.

11.1. Termination by Customer:

• You may cancel your subscription at any time through your Account settings;
• Cancellation takes effect at the end of the current billing period;
• You should export your Customer Data before cancellation;
• Enterprise customers may have specific termination terms in their subscription agreement.

11.2. Suspension or Termination by Dataseka: We reserve the right to suspend or terminate your Account and access to the Services, with or without notice, if:

• You materially breach any provision of these Terms;
• You fail to pay applicable fees when due (with reasonable opportunity to cure);
• We suspect fraudulent, illegal, or abusive activity;
• Your use poses security or legal risks to Dataseka, other users, or the Platform;
• We are required to do so by law or court order;
• Your Account remains inactive for an extended period (typically 12 months);
• We discontinue the Services (with 90 days' advance notice for paid accounts).

11.3. Effect of Termination:

• Your right to access and use the Services ceases immediately;
• You will have 30 days to export your Customer Data (unless Account is terminated for security or legal reasons);
• After 30 days, we may delete your Customer Data from active systems;
• You remain liable for all fees and obligations incurred up to termination;
• Backup copies may be retained for up to 90 days, then permanently deleted;
• Sections that by their nature should survive (Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law) shall survive termination.

11.4. Data Export: You are responsible for exporting your Customer Data before termination. We provide data export tools, but you must initiate the export process.

12.1. Initial Contact: For any concerns or disputes, please first contact Dataseka support at support@dataseka.com. We will make good-faith efforts to resolve matters informally.

12.2. Formal Complaint: If informal resolution fails, you may lodge a formal complaint through our documented complaints procedure.

12.3. Mediation: Before pursuing litigation, parties agree to attempt to resolve disputes through mediation administered by a mutually agreed mediator.

12.4. Litigation: If mediation is unsuccessful, any legal action shall be brought in the competent courts of South Africa. For international customers, the governing law provisions in Section 13 apply.

12.5. Class Action Waiver: To the extent permitted by law, you agree to bring claims only in your individual capacity and not as part of any class or representative action.

13.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law provisions.

13.2. You agree to the non-exclusive jurisdiction of the courts of South Africa. Dataseka may bring proceedings in the jurisdiction where you reside or where a breach occurs.

13.3. For customers outside South Africa, local consumer protection laws may provide additional rights that cannot be waived by these Terms.

14.1. Dataseka reserves the right to amend these Terms at any time.

14.2. We will notify you of material changes via email, Platform notification, or other appropriate means at least 30 days before the effective date.

14.3. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms. If you do not agree, you must stop using the Services and may cancel your subscription.

14.4. For Enterprise customers, certain Terms may be subject to your subscription agreement and may require mutual consent to amend.

15.1. Entire Agreement: These Terms, together with the Privacy Policy, DPA, SLA (if applicable), and any subscription agreement, constitute the entire agreement between you and Dataseka regarding the Services and supersede all prior agreements.

15.2. Severability: If any provision is found invalid or unenforceable, it shall be deemed severed, and the remaining provisions shall continue in full force and effect.

15.3. Waiver: Our failure to enforce any right or provision does not constitute a waiver. Any waiver must be in writing and signed by an authorized Dataseka representative.

15.4. Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. Dataseka may freely assign its rights and obligations, including in connection with a merger, acquisition, or sale of assets.

15.5. Force Majeure: Neither party shall be liable for failure to perform obligations due to circumstances beyond their reasonable control (natural disasters, war, terrorism, strikes, government actions, internet failures, etc.).

15.6. Independent Contractors: The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

15.7. Export Compliance: You agree to comply with all applicable export and import laws and regulations. You may not use the Services in violation of any embargo or trade restriction.

15.8. Notices: Notices to you may be sent via email or Platform notification. Notices to Dataseka should be sent to:

• Email: hello@dataseka.com
• Address: Dataseka (Pty) Limited, V & A Waterfront, Cape Town, 8001, South Africa

15.9. Language: These Terms are drafted in English. Any translations are for convenience only; the English version shall prevail in case of conflict.

If you have questions about these Terms of Service, please contact us:

• Legal inquiries: hello@dataseka.com
• Website: https://dataseka.com/contact