Terms of Service of Datamin GmbH

Effective date: 18 March 2022
Last updated: 18 March 2022

1. General Provisions and Subject Matter

1.1. These Terms of Service (hereinafter the “Terms”) are general terms and conditions which govern the contractual relationship between you (hereinafter also referred to as “User” and together with other users the “Users”) and Datamin GmbH, a German limited liability company located at Charlottenstrasse 4, 10969 Berlin, Germany, (hereinafter referred to as “we”/”We”, “us” or “Datamin”) regarding the use of the online platform available at app.datamin.io after registration and login (hereinafter the “Platform”).

User on the Platform can be either an admin user, such as the CTO, CPO, COO or another person responsible for managing the services offered by us on the Platform, (hereinafter the “Admin User”) or an individual of a team of the same organization as the Admin User, (hereinafter a “General User”). If we do not differentiate between the Admin User and General User in these Terms, these Terms shall apply to both the Admin User and General Users.

1.2. You can access, print, download and save these Terms at any time on our website datamin.io (hereinafter the “Website”) and directly at datamin.io/terms-and-conditions. These Terms become effective as of the Effective date stated above. Datamin reserves the right to amend these Terms (see Section 9 below). Amended Terms will become effective on the date stated above next to “Last updated” unless you object to the amendments as stated below in Section 9.2.

1.3. Terms and conditions of the User which deviate from these Terms shall not apply if they have not been confirmed by us in writing.

2. The Platform

2.1. General description

2.1.1. The Platform is a Software as Service for data awareness and observability inside the organization. We provide the Platform for the purpose of configuring data workflows for monitoring, alerting and running different tasks based on the status of data in the organization (hereinafter the “Purpose”). The language of the Platform is English.

2.1.2. The Platform is provided in desktop and mobile format and accessible via computer or mobile device. The use of the Platform requires a terminal device with an Internet connection and a current Internet browser. You are responsible for providing and configuring the required browser and/or other software to access the Platform.

2.1.3. Communication between Datamin and you will take place exclusively via e-mail or, after successful registration, via messages within the Platform to the extent such feature is available. Statements and information sent to you by e-mail will be deemed to have been received as soon as they are received on your e-mail server and you can retrieve them under normal circumstances.

2.1.4. On the Platform, you will be available to receive services provided by Datamin. These services currently include management of data sources, destinations, framework for workflows, user management, settings and statistical dashboards (together the “Services”). Datamin may include new services into the Services, change existing Serves, or discontinue Services in its sole discretion. Changes in Services will become effective immediately.

2.2 Registration, Conclusion of the User Agreement; User Account

2.2.1. To register a User account on the Platform, you must provide at least the following information: name and surname, email address, password, organization name, and agree to these Terms and our Privacy Policy. If you are an Admin User, you hereby confirm that you have the power to represent and legally bind the organization you are acting on behalf.

2.2.2. By registering your User account on the Platform, we make you an offer to conclude an agreement with Datamin. By clicking “accept” (or a synonym for accepting) next or below these Terms, you accept such offer and acknowledge that the user agreement between You and Datamin which is concluded by accepting our offer includes and is based upon these Terms.

2.2.3. If you are an Admin User, when registering your account, you will be able to subscribe to our Platform and Services on behalf of the organization you represent for the subscription period desired. If you subscribe to our Services and Platform on behalf of your organization, your organization will conclude a subscription agreement with Datamin. In addition, you will conclude your individual user agreement for using your Admin User account.

2.2.4. If you are a General User, when registering your account, you will register your individual General User account with limited functionalities (compared to an Admin User account) and which is provided free of charge for you. Any General User account, however, must be within the scope of the paid subscription of your organization.

2.2.5. To be able to use your User account on the Platform, a valid e-mail address is required, to which we will send you a confirmation code. You need this code to complete your registration and use the Platform.

2.2.6. You must (i) carefully store your password, protect it from unauthorized access, and prohibit use by third parties; (ii) not gain access to the Platform by any means other than through your personal User account; (iii) not circumvent or disclose the authentication or security of your User account; and (iv) not use a false identity or credentials of another User to gain access to any account on the Platform. We encourage you to change your password periodically for your own safety.

2.3. Availability and Support

2.3.1. The Platform is provided on a best-efforts basis. Datamin does not guarantee and does not assume any liability for the constant accessibility or availability of the Platform. Datamin is not liable for (i) downtimes due to necessary maintenance work, and (ii) temporary unavailability of the Platform and/or Services caused by circumstances beyond our reasonable control, including force majeure events, failures or delays by Internet access providers, or denial of service attacks or similar attacks on the IT infrastructure our Platform depends on or is operated on, and (iii) unforeseen errors or technical issues with the Platform or our Services which can be reasonably expected from time to time.

2.3.2. Datamin will use commercially reasonable efforts to solve technical issues with the Platform free of charge but does neither guarantee uninterrupted access nor assumes any liability for downtimes or unavailability of the Services provided by Datamin.

v 2.3.3. Premium Support options may be made available to individual Users upon a separate individual agreement between the organization of such User and Datamin against payment of an additional fee.

2.4. Changes to the Platform

We reserve the right to change the Platform and the functions available through the Platform to improve the user experience (UX) on the Platform. For this purpose, we may remove individual functions from the Platform, add new functions or replace existing functions with others. We will inform you of any material changes.

2.5. Content

2.5.1. Subject to these Terms, Users with the technology required may view media, text, images, graphics, analysis, audio, video, articles and other content made available through the Platform (together the “Content”).

2.5.2. The Content made available on the Platform is not provided by Datamin, and Datamin does not control the Content provided by the organization you are affiliated with. Such organization is responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. Datamin makes no representations or warranties that the Content and other information provided by your organization and made available on the Platform is accurate, complete, current, and appropriate. Datamin does not assume any liability for Content provided by Users or the organization they are affiliated with.

2.5.3. We are not obliged to and do not monitor the Content to investigate circumstances that indicate illegal activity. Hence, we assume no liability for such activity and any damages caused by such activity. However, if we become aware of any illegal Content, activity, or other information by a User on the Platform, we will remove or disable the User’s access to the Platform and consult with the User’s organization.

2.6. Third-party provider

2.6.1. The Services provided on the Platform may be connected with third party applications, tools, and platforms provided by third parties (together the “Third Party Provider”). Third party Provider may are subject to change and may include (in Datamin’s discretion), “slack” provided by by Slack technologies Inc. and “Google Workspaces” provided by Google LLC. To benefit from the full functionality of the Platform, it may be required to connect your account (to the extent available) to the application, tool or platform provided by a Third Party Provider. Therefore, you may have to provide your consent to use your account registered at a Third Party Provider before we can provide you with our Services based on data we receive from Third Party Providers.

2.6.2. Datamin may choose another tool, application or platform provided by a third party in the future in its sole discretion. We will inform you about such change by amending these Terms prior to utilizing a new third party tool, application or platform on our Platform.

3. User rights and obligations, Restrictions on Content and other limitations

  • 3. User rights and obligations, Restrictions on Content and other limitations
  • 3.1. You must not use the Platform for any other purposes than the Purpose stated above (see Section 2.1.1). You are responsible for your activities, information, and Content on the Platform. You undertake to comply with the relevant statutory provisions (e.g., image rights, third party publicity rights including the right to privacy, third party copyrights, trademarks and name rights).
  • 3.2. You undertake to provide correct and complete information required for the registration of your User account, and to keep this information always up to date. You are obliged to inform us immediately if your e-mail address is deleted or changed.
  • 3.3. If you suspect or have knowledge that your password has been misused or a third party has knowledge of your credentials and/or misuses your account, you are obliged to change your password immediately and contact us.
  • 3.4. As a User, you agree that you are solely responsible for your User Content and/or other information you transmit or make available on our Platform.
  • 3.5. You agree to use the Platform in a manner consistent with all applicable laws. In connection with your use of the Platform, you agree not to do the following:
  • carry out any illegal form of communication;
  • sending spam, chain letters or junk emails;
  • use any robot, spider, scraper, site search/retrieval application or other manual or automatic device or process to retrieve, index, perform data mining, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, its Content or User information;
  • exploit any part of the Platform without our prior written consent by framing or mirroring it;
  • automatically aggregate personal data of other Users without their express consent, whether for commercial or other purposes;
  • tyrannize, intimidate or harass other Users;
  • use the Platform to perform or assist in any unlawful, misleading, malicious, or discriminatory activity;
  • attempt to entice Users to other platforms;
  • misuse our Platform in any other way;
  • publish, distribute, reproduce, or make available any Content protected by third party intellectual property rights (including copyrights, trademarks, service marks, trade secrets, patents, domain names or other proprietary rights) without obtaining the prior consent of the respective owner;
  • remove any copyright, trademark or other proprietary notices contained on the Platform or Website;
  • post, offer for download, transmit, advertise or otherwise make available any illegal or infringing software, products or services, including, but not limited to, spyware, adware, unsolicited advertising programs or services (spam), denial of service attack initiation programs, mail bombing programs and unauthorized access programs to networks on the Internet, to post, offer for download, transmit, advertise or otherwise make available any software, products or services that are illegal or violate the rights of third parties;
  • use any metatags, codes or other methods that link to the Platform, its services and/or the website to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform;
  • upload any code that harms us or the Platform or restricts or otherwise affects the functionality of us or the Platform;
  • obtain third party credentials or access an account owned by another User;
  • take any action that may block, overburden or impair the proper working of the Platform or interfere with any services, the Website and/or any servers or networks connected to it;
  • post, download, email or otherwise transmit any material that contains software viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

3.6. Any of the practices listed above will be considered a violation of these Terms and may result in the immediate termination of your user agreement and account. Datamin reserves the right to use all available legal remedies against Users who engage in the above prohibited conduct.

4. Subscriptions, Fees, and Payments

4.1. Admin Users can setup subscriptions for using the Platform and our Services against payment of a fee (“Subscription”). Subscriptions are offered monthly or annually (each a “Subscription Period”).

4.2. Our Services and access to the Platform are free to General Users registered based upon a Subscription set-up by an Admin User for the organization such Admin User registered his or her account for. To the extent not published on the Website, the fee for such subscription is stated on the order form provided by Datamin to the Admin User and his or her organization, (hereinafter the “Fee”). Unless stated otherwise, the Fee is exclusive VAT (which will be stated separately on our invoices if your organization is located in Germany).

4.3. The Fee for a Subscription must be made for the subscription period prior to the beginning of the respective subscription period.

4.4. All payments are due within fourteen (14) days from the date of the invoice. The payment methods available will be stated on the Website and are subject to change.

4.5. Datamin reserves the right to adjust the fees for subscriptions to use the Platform and our Services to appropriately compensate for increased personnel or other costs. Any fee adjustment and its effective date will be communicated to the Admin User via email. Subscriptions already paid for will not be affected by fee adjustments. You have the right to object to a fee increase within a period of one month after receiving the email stating the fee increase. If you object, Datamin reserves the right to terminate your Subscription and all user agreements associate therewith.

5. Intellectual Property, Ownership, and rights to use Content, Feedback

5.1. Ownership of Platform, IP rights

5.1.1. All intellectual and other proprietary rights relating to the Platform, including rights to the software code of the Platform in any form (source and object code), are owned by and shall remain sole property of Datamin.

5.1.2. The trademarks, trade names, logos and business designations are legally protected by and for Datamin, unless explicitly stated otherwise. You acknowledge and agree that Datamin retain all of their respective right, title and interest in and to any and all intellectual property rights, including copyrights, further trademarks, trade names, trade secrets, and similar proprietary rights in and to the Platform.

5.1.3. Except as provided herein, Datamin does not grant any express or implied right to you under any intellectual property or other proprietary right.

5.1.4. You agree to prevent any unauthorized copying, use or distribution of the Platform. You must not reverse engineer the Platform or parts thereof and you must not disassemble or decompile the Platform or parts thereof, unless you have a restricted right to do so under applicable, mandatory law, e.g., for the purpose of interoperability.

5.2. Ownership of Content

5.2.1. The Content available on the Platform is owned by the owner designated within the respective Content.

5.2.2. You represent and warrant that you have all necessary rights regarding the Content you provide to other Users over the Platform and that such Content:
does not violate the rights of third parties (e.g. personal rights, rights to one’s own image, copyrights);
does not impair third parties in any other way (e.g. by defamation, insult, libel, etc.);
does not violate any other regulations (e.g. the law against unfair trade practices, trademark laws, penal codes) and does not violate these Terms.
5.2.3. If necessary, upon our request, you will provide evidence of your ownership of the respective Content. Datamin reserves the right to terminate the user agreement with any User who repeatedly infringes the copyrights of others.

5.3. Restricted Right to use the Platform

5.3.1. The Platform is provided as cloud service. To the extent required for providing the Services via the Platform, Datamin grants the User a non-exclusive, non-transferable, non-sublicensable, restricted and limited right to use the Platform only (i) for the duration of the user agreement, but subject to and only within the Subscription Period(s) paid by your organization (ii) for the Purpose set out above, and (iii) in accordance with these Terms.

5.3.2. You must not (i) copy, reproduce, alter, modify, or create derivative works from the Services or Platform; (ii) rent, lease, distribute, or resell the Services or Platform, or use the Services or Platform as basis for developing services or a platform which is directly competitive to the Services or the Platform.

5.4. Right to use Content

If the User provides his/her own copyrighted Content on the Platform, he/she grants Datamin the non-exclusive, transferable, sublicensable, royalty-free, temporally and territorially unrestricted and unlimited right to use this Content for the purpose of providing Services on the Platform to the extent required. The right of use granted by the User includes, inter alia, the right to reproduce the Content, to edit and to make Content available to other Users on the Platform.

5.5. Feedback

If you send ideas, suggestions, documents and/or recommendations (“Feedback”) to us, you thereby grant Datamin, free of charge and indefinitely, a non-exclusive, irrevocable, transferable, and otherwise unlimited right and license to use your Feedback for any purpose whatsoever. At the same time, you remain the holder of all rights in and to your Feedback. By sending Feedback, you acknowledge and ensure that (i) your Feedback does not contain any confidential or otherwise protected information about you or third parties; (ii) Datamin is not subject to any explicit or implicit confidentiality obligations with respect to your Feedback; (iii) Datamin may have already taken Content similar to your Feedback into account or may be working on processing Content similar to your Feedback; and (iv) you are not entitled to any remuneration, compensation or reimbursement from Datamin for your Feedback, unless required by applicable mandatory law.

6. Term and Termination of the User Agreement and Subscription

6.1. User Agreement

The user agreement between you and Datamin comes into effect upon accepting these Terms during registration as stated above (see Section 2.2 above) and remain in force until the Subscription is terminated (see Section 6.2 below). A General User may cancel his or her user agreement prior to the end of the last Subscription Period anytime by providing a notice of cancellation to Datamin via e-mail to support@datamin.io.

6.2. Subscription

6.3. Unless agreed otherwise between Datamin and the Admin User in an order form or other written document, the Subscription comes into effect upon successful setting-up the Subscription by the Admin User and remains in force for the Subscripton Period. The Subscription renews automatically for the respective Subscription Period unless terminated earlier in accordance with the following provisions. A monthly Subscription may be terminated upon a two weeks’ termination notice prior to the end of the monthly Subscription Period. An annual Subscription may be terminated upon a three months’ termination notice prior to the end of the annual Subscription Period.

6.4. Any termination notice must be at least in text form and must be sent to support@datamin.io.

6.5. The right to immediately terminate the User Agreement and/or the Subscription for cause without prior notice remains unaffected. In particular, Datamin may terminate or temporally suspend access to the Platform without liability if such termination or suspension is based on a violation of the Terms (according to our good faith belief) and the User concerned has failed to remedy the violation within one month after receiving our notice of such violation.

6.6. Effects of Termination

6.7. Datamin will delete all User accounts the latest three months after the termination of the Subscription becomes effective (the “Deletion Period”). It is the sole responsibility of the Admin User to collect and backup all data in time prior to the date the termination becomes effective, but in any event no later than at the end of the Deletion Period.

7. No Representation and Warranty; Limited Liability, Indemnification

7.1. Datamin makes no representation or warranty as to any particular fitnes or purpose of the data, information or content provided over the Platform or through our Services. It is the sole responsivbility of the organization subscribed to our Platform and Services and all Users of such organization to carefully assess the data, information and content available on the Platform and through our Services. The data, information and content is provided “as is” and is based upon data and information provided by third parties. Datamin cannot and does not guarantee, nor represent and warrant that such data and information provided by third parties is correct and fit for any purpose. Datamin shall not be liable for damages incurred by the organization or a member of such organization due to the improper use of the data or information on our Platform or as part of our Services.

7.2. We are exclusively liable for damages caused by Datamin, our representatives, and our vicarious agents, acting intentionally or grossly negligent. Liability for simple negligence is limited to the violation of essential contractual obligations (“Main Contractual Obligations”). The amount of our liability shall then be limited to the damage foreseeable at the time of conclusion of the User agreement or Subscription agreement and typical for this type of agreement. Main Contractual Obligations are such obligations, the fulfilment of which is essential for the proper execution of the agreement and on the observance of which the User as contractual partner may regularly rely.

7.3. As far as our liability is limited according to these Terms, this limitation does not apply in case of injury of body, life and health, as well as in case of liability according to applicable regulations of product liability laws.

7.4. The organization which concludes the Subscription agreement via the Admin User shall indemnify Datamin from all claims asserted by other Users of such organization or third parties on account of illicit use of our Services or the Platform by such User or any other User of the same organization.

8. Privacy and Data Protection, Compliance with Applicable Law

8.1. We are aware that it is of utmost importance for all Users on the Platform that their personal data is fully protected, and that personal data submitted by you on or through the Platform might contain or constitute sensitive information which needs to be protected by legal, technical, and organizational measures. We therefore comply with all relevant data protection and privacy regulations and other legal requirements on data protection available in German and the EU, including but not limited to the General Data Protection Regulation (GDPR).

8.2. Detailed information on the collection, processing and use of the User’s personal data can be found in our Privacy Policy.

8.3. It is the sole responsibility of the organization which concludes the Subscription Agreement with Datamin to comply with all law applicable to such organization. In particular, Datamin does not guarantee that the use of the Services and Platform by the organization is in compliance with the laws applicable to the organization. It is the sole responsibility of the organization to review and assess appliable laws, in particular, employment laws, and to use the Services and Platform only in a way that does not violate any laws applicable to the organization.

9. Amendments

9.1. Datamin is entitled to amend these Terms unilaterally for the purpose of adapting to new legal or technical requirements (e.g., in the event of changes in law or due to governmental or administrative requirements) or for other purposes upon Datamin’s sole discretion.

9.2. Datamin will notify you of any changes to these Terms and notify you of the content of the amended Terms (i) by an e-mail to the e-mail address provided by you during registration on the Platform and (ii) by publishing the amended Terms on our Website. The amended Terms shall become part of the agreement between you and Datamin on the use of the Platform unless you object to such amendment in written or text form within six (6) weeks of receipt of the notification of the amended Terms. If you object to the amendments, we reserve the right to terminate the agreement with you. If you have an active Subscription at the time the amended Terms you object become effective, the prior Terms will continue to be effective for you and you will retain the right to use our Services and Platform until the end of the then last Subscription period. We will inform you separately of the significance of this six-week period for any objection in the e-mail containing the amended Terms. It is your responsibility to inform us if you change your e-mail used when registering on the Platform. You can do so on the Platform or by writing us an e-mail to support@datamin.io.

10. Governing Law and Jurisdiction

10.1. These Terms shall be exclusively governed by German law without recourse to its conflict of law principles and further excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.2. Save for any mandatory jurisdictions under applicable statutory law, the courts of Berlin, Germany, shall have exclusive jurisdiction over any disputes between you and Datamin under or arising out of these Terms.

10.3. If you are a consumer according to Section 13 German Civil Code, the choice of law and exclusive jurisdiction stated above shall only apply insofar as it does not deprive you of your rights under consumer protection laws available at your domicile or habitual residence.

10.4. Datamin is neither willing nor obliged to participate in an alternative dispute resolution before a consumer dispute resolution tribunal.

11. Severability

Should any provision of these Terms be or become invalid in whole or in part, the other provisions shall remain in force. The invalid provision shall be deemed substituted by a valid provision which accomplishes as far as legally possible the economic purpose of the invalid provision.