The terms and conditions (hereinafter, the “Terms and Conditions”) contained herein govern the use of the platform www.nodatanobusiness.com (hereinafter, the “Platform”), including all of its subdomains and/or other web sites and content or material which are accessed through the Platform and its subdomains (if any).
These Terms and Conditions are binding for users who have (i) have obtained access to the free version and/or (ii) acquired the full version of the digital products or services (hereinafter, the “End User”) offered at the Platform by the mere act of accessing and/or using the Platform and will be enforceable from the start. The End User must read them carefully and, if the End User does not agree, it must immediately stop using the Platform.
The End User undertakes to read these Terms and Conditions carefully each time he or she intends to use the products and/or services provided at the Platform, as it and its provisions may be modified.
Unless otherwise indicated, the language in which these Terms and Conditions are formalized shall be in English.
NoDataNoBusiness may at any time modify the provisions contained herein, and they shall be published as they are shown here. The enforceability of these conditions will depend on their disclosure and will be in force until they are modified by other properly published terms and conditions.
1. PLATFORM OWNERSHIP.
1.1. The titleholder of this Platform is Matthieu Pinauldt with registered office at 12 AV JEAN JAURES – 66270 LE SOLER – France and Tax ID number: FR19898502240
2. SERVICES TO BE PROVIDED BY NODATANOBUSINESS.
2.1. The relationship between NoDataNoBusiness and the End User will be governed by these Terms and Conditions, as well as by any other document signed by the parties and by the applicable regulations.
2.2. The services comprise the provision of a data collection, aggregation and structuration service contained in publicly available web pages provided through the Platform (hereinafter the “Service”). This Service will be commercialized through the NoDataNoBusiness Platform.
2.3. The End User will only be able to use the Platform with the purpose of using the Service, complying with the provisions of these Terms and Conditions, as well as with any other terms that NoDataNoBusiness may establish at any time.
2.4. Said Service, as well as the source code of the software and the Platform that are necessary for its provision, will be the exclusive property of NoDataNoBusiness in any case.
2.5.The End User accesses the Platform where No DataNoBusiness Services are available to be used by the End User, either through the free or paid version.
2.6. The End User will use the Service in its own environment using the license granted by NoDataNoBusiness for that purpose.
2.7. NoDataNoBusiness will provide and allow the End User access to the Service according to the scope described in the specific contract or license agreement.
2.8. NoDataNoBusiness will provide its Services with the utmost diligence and in accordance with general industry practices.
2.9. For the provision of the Service, NoDataNoBusiness shall only use lawful software, developed by itself, avoiding the use of software licenses that prevent its commercialization in the future.
2.10. The End User may not assign the rights and obligations undertaken under these Terms and Conditions.
3.3. NoDataNoBusiness reserves the right to approve or deny access to the Platform at its sole discretion.
3.4. The End User undertakes not to provide false information. NoDataNoBusiness will not be liable for any falsehoods in registration data, therefore the End User will be fully and exclusively liable for any claims, errors and failures arising from the lack of truthfulness of said information.
3.5. NoDataNoBusiness may deny the End User access to its private area and/or to the Services and functionalities offered through the Platform, if the End User does not comply with these Terms and Conditions, the applicable regulations or makes an inappropriate use of them.
4. LICENSE TERM, RENEWAL AND SUSPENSION.
4.1. The term of the license will be the one established at the time of the purchase of the Service, depending on the length and methods chosen by the End User.
4.2. Renewals will be automatic provided that there is no prior effective notice of termination with a minimum advance notice of one (1)day by the End User.
4.3. In case of failure to pay any term or quota issued by NoDataNoBusiness at the End User’s expense, NoDataNoBusiness will be entitled to suspend the purchased Service without any need of prior notice, until the End User pays the pending amounts. Therefore, during the time that the non-payment situation lasts, NoDataNoBusiness will not be under any obligation to provide the contracted Service.
4.4. NoDataNoBusiness may discontinue a subscription at any moment. If such an event happens before the end of a period already paid by the End User, NoDataNoBusiness will proceed to refund the End User in proportion to the number of days remaining until the end of the period.
4.5. This license will be extinguished by the general causes set forth in the applicable legislation and, in particular, by breach of the obligations arising from these Terms and Conditions.
5. REPRESENTATIONS, WARRANTIES AND LIABILITY EXEMPTIONS.
5.1. NoDataNoBusiness assumes no responsibility for any contingency arising from the use of the Service, nor the use of such Services connected to products/systems of NoDataNoBusiness or the use of the Services connected to the products/systems of any and all third parties.
5.2. The End User is solely responsible for the proper functioning of their own systems, must prevent them from altering the information or data stored in products/systems NoDataNoBusiness. Undertaking with respect to NoDataNoBusiness and with respect to third parties the liability in case of any anomalies or losses in such information and/or data, which can be attributed to the End User.
5.3. NoDataNoBusiness is not responsible for the malfunction of electronic communications services through which it provides the Service.
5.4. Furthermore, the End User undertakes not to carry out any action that may cause a disproportionate or unnecessary overload in the infrastructure of the Platform and/or the Services or in the systems or networks of NoDataNoBusiness, as well as in the systems and networks connected to the Platform, as well as not to impede the normal development of the Platform or any of its functionalities. NoDataNoBusiness may terminate the contractual relationship with the End User otherwise, without prejudice to any actions it may carry out in the exercise of its legitimate rights in accordance with the applicable legislation.
5.5. NoDataNoBusiness may, at any time, establish security measures and guidelines for the access and use of the Platform by the End User in order to carry out the Service. These security guidelines must be followed at all times by the End User, otherwise NoDataNoBusiness shall have the right to deny access to the Platform.
5.6. The End User warrants knowing and abiding by the applicable legislation at all times, in relation to the Services available on the Platform, in such a way that they are in accordance with the law, morality and public order, exempting NoDataNoBusiness from any liability in this regard.
5.7. NoDataNoBusiness will employ its best efforts so that the Service does not contain, and does not make use of them for the transmission, installation or dissemination of any virus, malicious code or other harmful programs or files, or in any other material that may cause damage, interruptions, inefficiencies or failures in its performance or in the devices of a third party.
However, NoDataNoBusiness does not warrant or make itself liable for:
- (i) the invulnerability of the Platform and/or the impenetrability of the security measures adopted in the Platform;
- (ii) the lack of utility or performance of the Platform;
- (iii) the failures of the Platform caused by any type of attack to the servers of third providers of NoDataNoBusiness services, as well as the technical or security failures of the system of any of these providers that impede the operation of the Platform;
- (iv) any technical failure of any kind that hinders, delays or prevents the proper functioning of the Platform, and
- (v) any damages caused to itself or to a third party by any person who violates the Terms and Conditions, rules and instructions set forth on the Platform or through the violation of the Platform’s security systems.
5.8. Notwithstanding the above, NoDataNoBusiness represents and warrants that it has taken all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Platform and the Service, as well as to avoid the existence and transmission of viruses and other harmful components.
5.9. The content, programs, information and/or advice, if any, expressed on the Platform should be understood as merely orientative. NoDataNoBusiness is not responsible and/or liable in any way for the effectiveness or accuracy of the content hosted and/or displayed on it.
5.10. The Platform may use or publish tools, content or materials provided by third parties or companies. NoDataNoBusiness is not responsible for the truthfulness and accuracy of them, being exempt from any contractual or extra-contractual liability with End Users who make use of them. In particular, NoDataNoBusiness shall not be responsible for the use the End Users make of such third party’s tools, content and materials, as well as by the data provided or obtained through them.
5.11. NoDataNoBusiness holds the right to make any changes it deems appropriate to its Platform without prior notice, and may change, delete or add both the content and services provided through it and the way in which they are presented or located on the Platform.
5.12. Should the End User become aware of the existence of any unlawful or illegal content, which is illicit or which may involve an infringement of intellectual and/or industrial property rights, or of any other third party rights, he/she must immediately notify NoDataNoBusiness so that the appropriate measures can be taken.
5.13. The End User undertakes to comply with all the commitments it assumes, and shall indemnify NoDataNoBusiness in case of any judicial or extrajudicial claim of third parties for any reason related to the rights and obligations arising from these Terms and Conditions, and shall assume at all times the proper execution of the same, being responsible for it before NoDataNoBusiness and before third parties.
5.14. NoDataNoBusiness is under no circumstance obliged to verify the manner in which the End User uses the Platform or the Services it contains, and it shall not be liable for the manner of such usage. NoDataNoBusiness assumes that the End User uses the Platform and Services legally and ethically and that it has obtained permission, if it were necessary, to use it on the targeted data sources. NoDataNoBusiness shall not be liable for the outcomes of activities for which the End User uses the Platform and/or the Services. Provided that a third-party service or product is established on the Platform or on any of its functionalities, NoDataNoBusiness shall not be liable for such a service or product, their functioning or manner and consequences of their usage.
5.15. NoDataNoBusiness shall not be liable for the End User’s breach of these Terms and Conditions and/or any and all applicable legislation.
5.16. Each party acknowledges that the other party has agreed to these terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and/or power failures.
5.17. The End User agrees to indemnify, defend and hold NoDataNoBusiness, our agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant partner(s), licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any third-party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of the End User’s use of the Platform and/or Services as well as the End User’s breach of any of these Terms and Conditions. The End User acknowledges and agrees that each Indemnified Person has the right to assert and enforce its rights under this section directly on its own behalf as a third-party beneficiary.
5.18 NoDataNoBusiness may immediately suspend the End User’s use of the Platform and/or Services if it is contacted by the End User’s targeted data extraction source, website, or repository and asked to cease all extraction activity. If such an event occurs, NoDataNoBusiness will not disclose the End User’s information unless it is legally obligated to or if it deems that it would suffer adverse consequences if it did not. If, however, NoDataNoBusiness receives a court order demanding the release of the End User’s information to a third party, NoDataNoBusiness will comply. If such action becomes necessary, the End User agrees to indemnify and hold NoDataNoBusiness and (as applicable) its parent(s), subsidiaries, affiliates, officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising from any complaint, suit, disagreement or other repercussions resulting from the End User’s use of the Platform and/or its Services. Should any third party claim its rights against NoDataNoBusiness in connection to the End User’s actions, NoDataNoBusiness may immediately eliminate any contents gathered, saved or disseminated by the End User from servers used by NoDataNoBusiness. In the event of a judicial dispute with a third party related to the End User’s actions, the End User is obliged to provide NoDataNoBusiness with all necessary cooperation in order to resolve such a dispute successfully and the End User is also obliged to reimburse continuously any purposeful expenses arising to NoDataNoBusiness due to such a dispute. With respect to this, should an obligation arise to reimburse any claim of a third party, the End User agrees to pay NoDataNoBusiness the full scope of the damages
6. INTELLECTUAL PROPERTY RIGHTS.
6.1. NoDataNoBusiness by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Platform, as well as any and all elements contained therein and its subdomains (including but not limited to images, sound, audio, video, software or texts; trademarks or logos, combinations of colors, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by NoDataNoBusiness or its licensors.
6.2. By virtue of the provisions contained in the Intellectual Property regulations, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this Platform, for commercial purposes, in any medium and by any technical means, without the authorization of NoDataNoBusiness are expressly prohibited.
6.3. End Users undertake to respect the Intellectual and Industrial Property rights owned by NoDataNoBusiness. As a user you may view the elements of the Platform and even print, copy and store them on the hard drive of your computer or on any other physical device provided it is, solely and exclusively, for your personal and private use. As a user you shall refrain from deleting, altering, evading or manipulating any protection device or security system implemented on the Platform owned by NoDataNoBusiness.
8. USERS TERMS AND CONDITIONS.
8.1. The End User assumes full liability for the use of the Platform. The End User undertakes to make appropriate use of the contents and the Service (such as chat services, discussion forums or newsgroups) that NoDataNoBusiness offers through its portal and, including, but not limited to, not to use them to:
- (i) engage in unlawful, illegal or activities contrary to good faith and public order;
- (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, apology of terrorism or offensive against human rights;
- (iii) cause damage to the physical and logical systems of NoDataNoBusiness, its suppliers and/or third parties, introduce or spread on the network computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage;
- (iv) attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages. NoDataNoBusiness reserves the right to withdraw all comments and contributions that violate respect for human dignity, are discriminatory, xenophobic, racist, pornographic, threaten youth or childhood, public order or security or which, in its opinion, are not suitable for publication.
8.2. NoDataNoBusiness reserves the right to deny or withdraw access to the Platform and/or the Services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these Terms and Conditions or the applicable law.
8.3. Without prejudice to the foregoing, it is not permitted and, therefore, its consequences will be the exclusive responsibility of the End User, the access or use of the Platform in order to carry out illegal or unauthorized purposes, with or without economic intent. Including, but not limited to, the following is strictly prohibited:
- (i) Using the Platform in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in its own devices or those of a third party;
- (ii) Using the Platform for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
- (iii) Use the Platform illegally, against good faith, morals and public order;
- (iv) Registering through the Platform with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a transaction;
- (v) Accessing any section of the Platform without authorization, to other systems or connected networks or to any server of NoDataNoBusiness, by means of piracy or falsification, extraction of passwords or any other illegitimate means;
- (vi) Breaching, or trying to breach, the security measures or authentication of the Platform or any network connected to it, or the security measures or protection inherent to the contents offered on the Platform;
- (vii) Carrying out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Platform or in the systems or networks of NoDataNoBusiness, as well as in the systems and networks connected to the Platform; or
- (viii) Preventing the normal development of the Platform, of the Service or of any of its functionalities, by means of any procedure, and/or through any practice that attempts or violates in any way the present Terms and Conditions.
The breach of any of the above obligations by the End User may entail the adoption by NoDataNoBusiness of the appropriate remedies in accordance with applicable legislation and in the exercise of its rights or obligations, leading to the deletion or blocking of the account of the End User, without the possibility of any compensation for damages caused to said End User.
If NoDataNoBusiness has reason to believe that an End User has participated in any of the illicit or illegal activities, NoDataNoBusiness may (among others) adopt the following measures:
- (i) Suspend, block, limit, close or cancel your right to use the Platform and/or Service.
- (ii) Block the End User’s account.
- (iii) Request information or request that the End User modify incorrect information it has provided.
- (iv) Deny access to the Platform and/or the Service indefinitely.
- (v) Take appropriate legal action.
8.4. NoDataNoBusiness will pursue the breach of these conditions, as well as any improper use of its portal by exercising all civil and criminal actions that may be applicable in law.
9. CONFIDENTIALITY AND DATA PROTECTION.
9.1. The End User undertakes to maintain the strictest confidentiality of all information of NoDataNoBusiness to which he has access for the use of the Service, under the terms set out in these Terms and Conditions and if applicable in a specific agreement.
9.2. The End User is informed that his/her personal data will be processed for the purpose of managing the business, commercial and/or contractual relationship, and its processing is legitimized by the existence of such a relationship.
9.3. The data will be processed for the duration of said business, commercial and/or contractual relationship and, once it has ended, for the period in which, in accordance with the applicable regulations, responsibilities may arise from said processing.
9.4. The data will not be transferred to third parties except in cases where (i) there is a legal obligation, (ii) the communication of the data is made to judicial bodies or law enforcement agencies of the state in order to compel compliance with the obligations contracted, always within the functions that such authorities are entrusted by law. The data shall not be the subject of automated decisions.
9.5. The End User may exercise, to the extent that it is applicable, the rights of access, rectification or deletion, limitation of their processing, opposition, portability and to oppose automated individual decisions to the addresses indicated below, or by e-mail sent to the following addresses:
– Address: NoDataNoBusiness – 12 AV JEAN JAURES – 66270 LE SOLER – France – E-mail address: email@example.com
9.6. In addition, the End User is informed that he/she has at his/her disposal the power to file a complaint with the Spanish Data Protection Agency in the event that he/she considers his/her rights to have been violated and/or with the Control Authority of the Autonomous Community.
9.7. In case that NoDataNoBusiness needs to process data controlled by the End User, NoDataNoBusiness warrants that it complies at all times with the applicable regulations and, in particular, with the provisions of the General Data Protection Regulation (GDPR).
10.1. NoDataNoBusiness will pursue any and all breaches of these conditions, as well as any misuse of its Platform by exercising all civil and criminal actions that may be applicable in law.
10.2. In the event that any provision of these Terms and Conditions is considered null and void or unenforceable by the Public Administration or Justice Administration, such invalidity or unenforceability shall not affect the rest of the contents of the Terms and Conditions.
10.3. The failure of NoDataNoBusiness to exercise or enforce any right or provision contained in these Terms and Conditions shall not constitute a waiver of these Terms and Conditions unless NoDataNoBusiness expressly acknowledges and agrees said waiver in writing.
10.4. The use of the Platform for purposes detrimental to the property or interests of NoDataNoBusiness or any third party or otherwise overloading, damaging or rendering useless the networks, servers and other computer hardware or software products and applications of NoDataNoBusiness or any third party is expressly prohibited.
11. ALTERATION OF THESE TERMS AND CONDITIONS AND TERM.
11.1. NoDataNoBusiness may at any time modify the provisions contained herein, and they shall be published as they are shown here. The enforceability of these conditions will depend on
their disclosure and will be in force until they are modified by other properly published provisions.
12.1. Users and NoDataNoBusiness expressly submit any dispute that may arise in relation to the interpretation of these Terms and Conditions, or their access and use thereof, to Spanish law and the competent courts and tribunals.
13. CONTACT US.
13.1. If you have any questions about the conditions reflected in these Terms and Conditions, or if you wish to make any suggestion or recommendation, please contact us through the following address: NoDataNoBusiness – 12 AV JEAN JAURES – 66270 LE SOLER – France
These Terms and Conditions have been revised and published as of November 8th of 2019.