Terms and Conditions
Last updated: February 20, 2024
BY ENTERING INTO AN ORDER, CLICKING “I AGREE”, REGISTERING AS A CUSTOMER, OR ACCESSING OR USING GRANULAR DATA, INC.’S (“COMPANY”) SERVICES, INCLUDING OUR PLATFORM, WEBSITE, AND RELATED APPLICATIONS, APIS, CONTENT, OR OUTPUT (COLLECTIVELY, THE “SERVICES” OR “PLATFORM”), YOU AGREE TO THESE GENERAL TERMS AND CONDITIONS (“GTC”). THESE GTC ALONG WITH ANY REGISTRATION INFORMATION OR SELECTIONS YOU MAKE ON THE PLATFORM OR ANY COMPANY ORDER SIGNED BY YOU AND COMPANY REFERENCING THESE GTC FORM A LEGALLY BINDING AGREEMENT (COLLECTIVELY, THIS “AGREEMENT”). “YOU” OR “CUSTOMER” MEANS THE ENTITY IDENTIFIED AS THE CUSTOMER IN THE PLATFORM OR ORDER, AND THE APPLICABLE INDIVIDUAL ASSOCIATED WITH SUCH CUSTOMER REPRESENTS AND WARRANTS HE/SHE HAS AUTHORITY TO BIND SUCH CUSTOMER. COMPANY AND CUSTOMER ARE EACH A “PARTY” AND, COLLECTIVELY,“PARTY”.”
6. TERM AND TERMINATION
The initial term of the Services will be as specified in the subscription plan selected by Customer or the applicable Order, except as otherwise provided below. If an initial term is not specified, the initial term will be month to month or as otherwise stated during registration on the Platform. The term will automatically renew for the duration of the initial term as and if permitted by applicable law, unless a Party provides the other Party at least 30 days’ written notice of non-renewal or if otherwise provided in this Agreement. Either Party may terminate for the uncured material breach of the other Party or as expressly provided otherwise in this Agreement. Any terms and conditions, including without limitation disclaimers and limitations of liability, will continue to apply after termination or expiration as necessary to give effect to the intent of this Agreement. Upon termination or expiration, Customer will cease using or access the Services and Platform and will return or destroy Company’s confidential information in its possession or control. Customer will remain responsible for paying the fees for the then current subscription term, unless Customer is terminating for Company’s uncured material breach or as expressly provided otherwise.
7. MODIFICATIONS/SUPPLEMENTAL TERMS
The Platform and Services may be modified and evolve over time. Company will use commercially reasonable efforts to identify material changes through documentation on the Platform or other means to its customers generally. Certain changes or improvements to the Services may require supplemental terms and conditions, which Company will post on its website and will be incorporated by reference into this Agreement, except as provided below. If Customer timely objects to such supplemental terms and conditions in good faith within 30 days of posting, then the supplemental terms and conditions will not apply to Customer for 30 days, and if the Parties are not able to address Customers concerns within 30 days thereafter, either Party may terminate without liability to the other for such termination.
The relationship between the Parties under this Agreement is that of independent contractors and not partners, joint venturers or agents. Customer may not assign this Agreement or its rights without the prior written approval of Company. This Agreement states the entire understanding between the Parties with respect to its subject matter, and supersedes all prior proposals, marketing materials, negotiations and other written or oral communications between the Parties with respect to the subject matter of this Agreement. No waiver of any breach of this Agreement, will be effective unless in writing and signed by an authorized representative of both Parties. This Agreement may not be modified or amended without written agreement of the Parties, except as otherwise provided in Section 7. If any portion of any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, then such unenforceable portion of the provision will be deemed severed from this Agreement, the validity and enforceability of the remaining portion of the provision and the other provisions of this Agreement will not be affected or impaired, and this Agreement will be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. This Agreement will be construed and enforced in accordance with the laws of the State of Massachusetts excluding choice of law; provided, however, that the terms of any applicable law now or hereafter enacted that is based on or similar to the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws will not apply. Except with respect to Customer’s payment obligations, neither Party will be liable for, nor will either Party be considered in breach of this Agreement due to any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including any act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of communications (including the Internet or other networked environment), power or other utility, labor problem, unavailability of data or supplies or any other cause which could not have been prevented by the non-performing Party with reasonable care. Customer authorizes Company to use Customer’s name in any routine list of Company Customers and as a reference. Company may not use Customer’s name in any advertising or press release without the prior written consent of Customer.
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