Terms of Use

Last Updated: 2025-06-12

Welcome to Datorth ("Datorth", "Company", "we", "our", or "us"). These Terms of Use ("Terms") govern your access to and use of our website located at www.Datorth.com (the "Site") and any related content, features, or services (collectively, the "Services"), including our big data and cloud platform offerings.

By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use our Site or Services.

1. Eligibility

You must be at least the age of majority in your jurisdiction (and in any case at least 18 years old) and, where you act on behalf of a business, have the authority to bind that business, to use the Services. By using the Site or Services, you represent and warrant that you meet these requirements.

2. Use of the Site and Services

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms and any applicable agreements. You may not:

• Use the Services in any way that violates applicable laws or regulations (including data protection, IP, export control, and security laws);
• Attempt to gain unauthorized access to any portion of the Site, Services, accounts, systems, or networks;
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein;
• Use any automated systems (such as bots, crawlers, or scrapers) to access the Services in a way that imposes an unreasonable load on our infrastructure, except as expressly permitted under a written agreement;
• Upload, transmit, or otherwise make available any malicious code or harmful materials;
• Use the Services to process or store data that you are not legally permitted to process or that violates third‑party rights.

We may suspend or terminate your access to the Site or Services if we believe you have violated these Terms or pose a risk to our systems, other users, or third parties.

3. Customer Data and Platform Usage

If you upload, transmit, or store data using the Services ("Customer Data"):

• You retain all rights to your Customer Data, subject to the licenses and permissions you grant to us under any applicable agreement;
• You are responsible for the legality, quality, and content of Customer Data and for ensuring that your use of the Services and Customer Data complies with applicable laws and third‑party rights;
• We process Customer Data in accordance with our Privacy Policy and any applicable data processing agreements.

We may use aggregated or de‑identified information derived from Customer Data and platform usage to improve and optimize our services, including capacity planning, performance tuning, and security, provided that such information does not identify you or your organization.

4. Service Availability and Changes

We aim to provide reliable Services, but:

• We do not guarantee that the Services will be available at all times or free from interruptions or errors;
• We may perform maintenance, updates, or changes that may temporarily affect availability, and we will endeavor to schedule such work to minimize disruption;
• We may modify, suspend, or discontinue certain features or components of the Services, subject to our contractual commitments, and we will provide notice where reasonably practicable.

Any service level commitments will be set out in separate service level agreements (SLAs) or contracts, if applicable.

5. Intellectual Property

All content and technology underlying the Site and Services (excluding Customer Data), including software, documentation, designs, and trademarks (collectively, "Datorth Materials"), are owned by or licensed to Datorth and are protected by intellectual property laws.

Subject to your compliance with these Terms and any separate agreements, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Site and, where applicable, the Services for your internal business purposes.

You may not:

• Copy, modify, distribute, or create derivative works based on Datorth Materials, except as expressly permitted in a written agreement;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of our software, except to the extent permitted by law and only after providing us with prior written notice;
• Remove or alter any proprietary notices or branding.

6. Third‑Party Services and Integrations

The Services may integrate with or rely on third‑party services, tools, or data sources (for example, cloud storage, analytics engines, or identity providers). Your use of those third‑party offerings is subject to their own terms and policies. We are not responsible for:

• The availability, performance, or security of third‑party services;
• The accuracy, completeness, or legality of third‑party data.

We do not grant you any rights or licenses to third‑party software or data beyond what is expressly provided by those third parties.

7. Disclaimers

The Site, Services, and all related content and outputs are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including:

• Warranties of merchantability, fitness for a particular purpose, and non‑infringement;
• Warranties that the Services will be uninterrupted, error‑free, secure, or suitable for any particular workload;
• Warranties regarding the accuracy, completeness, or reliability of any outputs, metrics, or analytics.

You acknowledge that complex distributed systems may experience outages, delays, or inherent limitations.

8. Limitation of Liability

To the fullest extent permitted by law, Datorth, its affiliates, and their respective directors, officers, employees, and agents shall not be liable for:

• Any indirect, incidental, consequential, special, punitive, or exemplary damages; or
• Any loss of profits, revenue, business, goodwill, or data,

arising out of or in connection with your use of or inability to use the Site or Services, even if we have been advised of the possibility of such damages.

Our aggregate liability arising out of or relating to these Terms or your use of the Site or Services shall not exceed the greater of (a) the amounts you paid to us for the Services giving rise to the claim during the twelve (12) months prior to the event giving rise to the claim, or (b) one hundred (100) U.S. dollars, unless applicable law requires a different minimum amount.

9. Indemnification

You agree to indemnify, defend, and hold harmless Datorth, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms;
• Your misuse of the Site or Services;
• Your violation of applicable law or the rights of any third party.

10. Governing Law and Jurisdiction

These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the jurisdiction in which Datorth is organized or primarily operates, without regard to conflict of law principles.

To the extent permitted by law, you agree that any disputes arising out of or relating to these Terms or the Site or Services shall be subject to the exclusive jurisdiction of the courts located in that jurisdiction. We may seek injunctive or other equitable relief in any competent court.

11. Changes to the Terms

We may update these Terms from time to time. Any changes will be effective when posted on this page, and the updated "Last Updated" date will be indicated above. Your continued use of the Site or Services after the changes are posted constitutes your acceptance of the revised Terms.

12. Contact Us

If you have any questions about these Terms or the Site or Services, please contact:

Datorth
1178 Broadway, 3rd Floor
New York, NY 10001
United States
Phone: (605) 972-1566
Email: contact@datorth.com