The purpose of this website, tabulaeapp.com (the “Site”), owned and operated by TRIARI LABS, S.L. (“Triari”), an Spanish corporation, is to provide data hosting, data visualization and data-based services. By using the Site or any services provided on the Site (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by the following terms of service and any future modifications to this agreement (collectively, the “Terms”). If at any time you do not agree to all these Terms, please immediately terminate your use of the Services. You, on your own behalf and on behalf of your company, acknowledge that these Terms are binding and enforceable on you and your company (collectively, “You” or the “Subscriber”). If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. You must be over the age of 15 to use the Services.
In addition, when using the Service, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
Triari reserves the right, at its sole discretion, to modify, add, or delete portions of or otherwise change these Terms at any time without notice to you by posting the changed Terms on the Site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
Software and Content License
The Site and Service is the proprietary property of Triari, its users or its licensors with all rights reserved. Triari grants you a limited, revocable license to use the Site, the Service and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Triari's intellectual property rights, whether by estoppel, implication or otherwise.
These Terms do not constitute a sale of the software or any copy of the software. By using the Site and the Service, you do not receive or acquire any proprietary rights therein, and Triari and/or its licensors retain all ownership rights in the Site and its content. You may not use, access, or allow others to use or access the content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Triari or by the owner of that content, in a separate agreement.
Triari reserves all rights not expressly granted to you. The use of the Site, including its software, services, and other content, is licensed only to you and may not be transferred to anyone without the prior written consent of Triari. Any authorized transferee shall agree in writing to be bound by the terms and conditions of these Terms. In no event may you copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell or otherwise dispose of the Triari Site’s software, data, or other content on a temporary or permanent basis except as expressly provided herein. These Terms shall benefit Triari and its successors and assigns. You may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Site’s software.
All logos and product names appearing on or in connection with the Site are proprietary to Triari or its licensors and/or suppliers. You agree never to remove any proprietary notices or product identification labels from the Site’s software and other content, if applicable. The limited license granted above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the limited license, you agree to immediately destroy any downloaded or printed materials from the Site, including software, visualization, and other content.
Certain content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized copying or disclosure of this content. You understand that when using the Site you will be exposed to user submissions and other third party content from a variety of sources (“Non-Triari Content”), and that you may be exposed to Non-Triari Content that is inaccurate, offensive, indecent, or otherwise objectionable. Triari does not endorse any Non-Triari Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Triari be liable in any way for or in connection with the Non-Triari Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Non-Triari Content, any intellectual property infringement with regard to any Non-Triari Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Triari Content posted, emailed, or otherwise displayed or transmitted through the Site.
If you wish to use the Service, you must register and create a user account (“User Account”), and you must create truthful and accurate information. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password.
Ownership and Privacy
Your privacy is important to us. We want you to feel confident when using the Service and comfortable with how your content is used. Triari does not take any ownership rights in the User Content. All we require from you is a license to allow us (and our third party providers) to host, transmit and display your User Content, solely so we can provide the Service to you. We may modify your User Content to create previews or thumbnails or to otherwise provide the Service, but we do not claim any ownership in your User Content because of such modifications.
We do not have any visibility into the information stored in your User Content. We do not monitor User Content, and it is your responsibility to ensure that you have the appropriate permissions to upload your User Content to the Site. That said, Triari may block or remove any such User Content or prohibit any use of the Service that it believes may be (or is alleged to be) in violation of these Terms. We will not share User Content with a third party unless directed by you (for example, if you elect to share your User Content with other users). We may share User Content if required to do so by law. Whenever possible, we will notify you before making your User Content available to enable you to respond to the request yourself. Triari is not responsible for any loss, deletion, modification or disclosure of your content resulting from a misuse of publishing and sharing capabilities of the Service (url, embed, api, etc.). Your use of these tools is yours sole risk.
We do not rent or sell our customer lists. We may share your personally identifiable information with third parties for purposes of providing you with the Service. These third parties may use your information to perform services on our behalf, and to offer you other products or services that may be of interest to you. Except as described herein, Triari will only provide personally identifiable information collected on the website to a third party if required to do so by law. We may share aggregated, non-personally identifiable information (such as usage statistics or other information) with third parties at any time and for any reason.
The Site and the Service are hosted in the European Union. If you are accessing the site from the United States or other regions with laws governing content and use that may differ from European Union law, then please note that you are transferring your personal content to the European Union and by providing your personal content you consent to that transfer.
On termination of your membership to the Site and use of the Service, Triari shall make all reasonable efforts to promptly remove from the Site and cease use of the User Content; however, you recognize and agree that caching of or references to the User Content may not be immediately removed.
Do not hesitate to email us at any time at firstname.lastname@example.org if you have any questions or doubts.
Public Datasets and Applications
The Service offers You the possibility to make some datasets and applications (dashboards, reports, presentations, surveys, maps and charts) “public”. Those datasets and applications then become available for read only for any user without authentication. This functionality is provided to allow data sharing and use of data in publicly available web sites.
The Service will try to handle as much concurrent requests as possible, but in cases of high traffic, special conditions might apply and the service can stop working with no liability of any kind, unless agreed explicitly with Triari.
As a condition of your use of the Service, you warrant to Triari that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
You are solely responsible for any and all acts and omissions that occur under your account or password. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the Site and the Service to upload any User Content that:
- is illegal under or otherwise violates any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense;
- violates the rights of any party (including without limitation rights of privacy and publicity);
- is obscene, lewd, lascivious, violent, or otherwise objectionable;
- displays material that exploits children, or otherwise exploits children under 18 years of age;
- infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
- introduces viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- or in our sole judgment, which may expose Triari or users of the Service to any harm or liability of any type.
Trial, Subscriptions and Refund Policy
Trial period. Every new Subscriber is automatically offered a free trial period, starting at registration. During that period, the Subscriber can evaluate the Service and its suitability, at no cost. This offer is limited to one (1) trial per Subscriber unless otherwise agreed. We reserve the right in future to charge in advance for all susbcriptions. After the trial period, if the Subscriber does not upgrade to paying plan, the subscription will expire and the account close.
Upgrading to paying plans. On termination of the free trial, the Subscriber will have the opportunity to continue using the Service at the costs advertised on the Site. An upgrade at any time from the free trial subscription to any paying plan will end your free trial.
Paying accounts/prices. Fees, rate limits and effective dates for these Services are negotiated separately from the Terms of the Service. Prices of any Service may change upon thirty (30) days notice to you. Such notice may be provided by contacting you using the contact information you have provided to us. Any use of the service after 15 days’ of notification indicates acceptance of the new price.
Payment and Billing. Payment is made by credit card and a valid credit card is required for all paying accounts. The monthly subscription fee is billed in full on the first day of your paid subscription and monthly thereafter, unless and until you cancel your subscription. The periodic fee is non-refundable.If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on March 31st, your next billing date would be April 30th. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Invoice. Subscriber will receive an invoice via email for each payment made, whether subscription-based or prompt payment.
Refunds. As it is deemed that the Subscriber has the opportunity to thoroughly evaluate the Service during the free trial period, subsequently purchased subscriptions are not refundable. There will be no refunds or credits for partial months of service remaining on termination. On upgrading/downgrading, we will charge the corresponding plan price pro rata the time of use. In order to treat everyone equally, no exceptions will be made.
Downgrades. Downgrading your Service may cause the loss of content, features, or capacity of your account. Triari does not accept any liability for such loss.
Account Suspension, or Termination
Triari reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Tabulae Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. If we suspend your usage of any paid service, we will stop billing you during such suspension. You will not receive any refunds if your access to the Service is suspended or terminated due to your breach of these Terms.
You may terminate the service at any time by contacting Triari. As soon as you cancel the service, your right to use it stops immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing-up your data that you use with the service. Cancellation of the service by you will not alter your obligations to pay all charges due to Triari at the time of cancellation.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
- THE USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR USER CONTENT.
- TRIARI IS NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE AND MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK.
- YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
- THE SERVICE WILL BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. TRIARI ASSUMES NO RESPONSABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OF DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF USER COMMUNICATIONS OR USER CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL TRIARI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU ON ACCOUNT OF: (i) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (ii) YOUR INABILITY TO USE THE SERVICES, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TRIARI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE LIABILITY OF TRIARI OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD). SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN TIRARI AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.
YOU AND TRIARI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO TRIARI MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify and hold harmless Triari and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content You submit, post to, or transmit through the Service, your use of the Service, your violation of these Terms, or of any law or the rights of any third party.
Applicable Law and Jurisdiction
Triari and You, expressly accept that any conflict arising out of or in relation to the application, interpretation or performance of these Terms and the use of the Site and Service, will be submitted to the jurisdiction of the Courts of Principado de Asturias, Spain.
These Terms are the entire and exclusive agreement between Triari and You regarding the Service and supersede and replace and any prior agreement between Triari and You regarding the Service. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Contact and Notifications
By registering to the Site you are opting into receiving our email notifications. Our staff may contact you for information and service notifications relevant to your account. We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to You through e-mail. If you do not wish to receive information from this Site you can expressly opt out by sending a notification to email@example.com.
June 16, 2014: First version of the document
The Service Tabulae is operated and provided by Triari Labs S.L., C/ Campoamor 28, 33001, Oviedo (Asturias), Spain.