Welcome to use the official website and related services provided by DIVERSIFIED DATA SOFTWARE, LC (hereinafter referred to as "the Company" or "we"). These Service Terms (hereinafter referred to as "the Terms") constitute a complete legal agreement between you (hereinafter referred to as "the User") and us regarding the use of the services. By reading or actually using the services, the User is deemed to have fully read, understood, and agreed to be bound by these Terms. If you are accepting these Terms on behalf of an enterprise or other organization, you must ensure that you have been duly authorized and undertake that the organization will abide by these Terms collectively.
1. Service Content and Scope
1.1 Service Definition
The services provided by the Company include, but are not limited to, the development and maintenance of data analysis software, design and implementation of data solutions, cloud computing services, data security and backup services, as well as professional technical consultation and support.
Specific service content shall be subject to the project contract or order confirmation letter signed by both parties.
1.2 Service Changes and Termination
The Company reserves the right to adjust, suspend, or terminate part or all of the services 30 days in advance through website announcements, emails, or in-app notifications based on business needs, technological upgrades, or legal requirements.
If the User violates these Terms, the Company has the right to immediately suspend or terminate the User's account and service usage privileges without incurring any liability for compensation.
2. User Responsibilities and Obligations
2.1 Requirement Provision
The User shall provide complete and accurate requirement documents and materials (such as datasets, analysis requirements, etc.) before the project initiation and ensure that they possess legal usage rights or have obtained authorization.
2.2 Project Communication
The User shall assign a dedicated person to be responsible for project communication and promptly respond to reasonable requests made by the Company (such as confirming analysis reports, providing feedback) to ensure that the project progress is not delayed.
2.3 Legal Use
The User shall not use the services provided by the Company to engage in any illegal activities, including but not limited to infringing upon intellectual property rights, disseminating malicious software, or launching cyber-attacks.
3. Intellectual Property Terms
3.1 Ownership of Service Outcomes
The intellectual property rights of the service outcomes (including but not limited to data analysis reports, customized software code, algorithm models, etc.) shall be owned by the User after full payment of the contract amount. The Company reserves the non-exclusive right to use the general technical frameworks and code libraries generated during the project development process but shall not use them for third-party commercial projects without the User's written consent.
3.2 Authorization of Materials
If the materials provided by the User are subject to infringement disputes, the User shall bear sole legal responsibility and compensate the Company for any losses incurred.
Original materials created by the Company to fulfill the contract (such as customized report templates, analysis tools) shall be incorporated into the service outcomes only after both parties have confirmed their ownership in writing.
3.3 Third-Party Intellectual Property
If the project involves third-party open-source software, API interfaces, or data authorization, both parties shall comply with the relevant licensing agreements. The Company shall disclose the list of third-party components and licensing terms to the User in advance. The User authorizes the Company to handle necessary copyright registrations, patent applications, and other intellectual property matters on its behalf, with relevant fees borne by both parties as agreed in the contract.
4. Confidentiality Obligations
4.1 Confidential Information
Both parties shall keep strictly confidential the trade secrets, technical information, and User data acquired during the cooperation process and shall not disclose them to any third party without the other party's written consent.
4.2 Confidentiality Period
This clause shall remain effective after the termination of the contract, with a confidentiality period of 5 years.
5. Paid Service Terms
5.1 Subscription and Billing
The subscription cycle, fees, and payment methods for paid services shall be subject to the display on the order page. The User shall complete the renewal 72 hours before the subscription expiration; otherwise, the service will be automatically terminated.
If the User has any objections to the fees, they must be raised within 30 days after receiving the bill; otherwise, the bill amount shall be deemed recognized.
5.2 Refund Policy
The User may apply for a no-questions-asked refund within 14 days after the subscription takes effect. The Company will refund the remaining amount after deducting the proportional fees for the services already used on a daily basis. If the service is terminated due to the User's violation of these Terms, the paid fees will not be refunded.
6. Limitation of Liability and Disclaimers
6.1 Service Availability
The Company commits to providing 99.9% monthly service availability ("SLA Standard"), except in the following circumstances: planned maintenance (announced 24 hours in advance); force majeure (such as natural disasters, wars, government actions); User equipment or third-party network failures. If the service is continuously interrupted for more than 6 hours and does not meet the SLA Standard, the User may apply for a reduction in the monthly fee proportional to the interruption duration (up to a maximum of 50%).
6.2 Data Loss Liability
The Company recommends that Users regularly back up important data. The Company shall only be liable for compensation in cases of intentional or gross negligence for data loss caused by service interruptions, User misoperations, or third-party attacks, with the compensation amount not exceeding the total fees paid by the User in the past 12 months.
6.3 Third-Party Content and Links
The services may contain links or advertisements to third-party websites. The Company is not responsible for their content, security, or privacy policies. By clicking on third-party links, the User is deemed to have left our service scope, and the associated risks shall be borne by the User.
7. Breach of Contract Compensation and Dispute Resolution
7.1 Breach of Contract Compensation
If the User violates these Terms and causes losses to the Company (including but not limited to attorney fees, litigation fees, and damage to business reputation), the User shall fully compensate the Company.
7.2 Dispute Jurisdiction
These Terms shall be governed by the laws of the State of California, United States, without regard to conflict of law principles. The User agrees to submit any disputes (including but not limited to contract disputes and infringement claims) with the Company to a competent court in Santa Clara County, California. Both parties also agree to attempt to resolve disputes through non-binding mediation (appointed by JAMS or AAA) before proceeding to litigation; if mediation fails, litigation shall commence.
8. Other Terms
8.1 Terms Updates
The Company reserves the right to revise these Terms based on business development or legal changes. The updated version will be notified to users through website announcements or emails.
If the revisions involve increasing User obligations or reducing User rights, Users must expressly reject them within 30 days after the announcement; otherwise, they shall be deemed to have accepted the new Terms.
8.2 Severability
If any provision of these Terms is deemed invalid or unenforceable, it shall not affect the validity of the other provisions, and both parties shall negotiate to amend the invalid provision to achieve the original intent.