Terms of Use

Latest Update: June 04, 2019

About

DataHawk Technologies SAS (“DataHawk”, “us”, “we”, or “our”) is a company registered at 163 Quai Du Docteur Dervaux 92600 Asnières-sur-Seine, France, under registry code 850 405 739 and with the VAT number FR53850405739. DataHawk operates software offered as a service online for Amazon sellers through http(s)://datahawk.co and http(s)://analytics.datahawk.co, more specifically, we provide analytics for Amazon sellers by offering access to a range of metrics and data points that can help Amazon sellers launch and grow their business on the marketplace by leveraging data insights (“the Service” or the “Services”).

Introduction

Thanks for choosing DataHawk. By signing up or otherwise using our Service, or accessing any content or material that is made available by us through the Service (the “Content”) you are entering into a binding contract with the DataHawk entity that is outlined in this document. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use our Service or consume any Content. In order to use the Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be an Amazon seller or a future Amazon seller in a country where the Service is available. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times. Accounts registered or operated by “bots” or other automated methods are not permitted.

Intellectual Property

The Service and its content, features and functionality are and will remain the exclusive property of DataHawk owners and its licensors. The Service is protected by copyright, trademark, and other laws of both France and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DataHawk.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, and without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, and without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Non-paying or Freemium users that don’t log in to their account for 3 or more months may have their account treated as “inactive” and permanently deleted along all the data associated with it.

General Disclaimers

We do our utmost to provide stellar analytics to our customers using proprietary technology and are continuously fine-tuning our algorithms to provide data that can be as precise as possible and synchronized on a timely manner, ideally on a daily basis for most of the data we provide. In addition, some data such as Estimated Monthly Sales or Estimated Inventory represents estimates based on proprietary algorithms solely. As such, we cannot attest to the absolute accuracy of the data we provide. DataHawk cannot be held responsible for how you use the Service and the data it provides. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. DataHawk, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your full requirements.

Limitations of Liability

In no event shall DataHawk, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

General Use

Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, DataHawk hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services. All rights not expressly granted to you are reserved by DataHawk and its licensors, partners and vendors. Without explicit permission from DataHawk, you may not attempt to decompile or reverse engineer any software contained on DataHawk Services; remove any copyright or other proprietary notations from the materials; transfer the materials to another person or “mirror” the materials on any other server; use trademarks or service marks belonging to DataHawk; alter, modify, or obscure the Services; either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of DataHawk; or either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of DataHawk; use any robot, spider, scraper or other automated means to access our Service for any purpose.

Our Services & Free and Paid Subscriptions

Certain DataHawk services are provided to you free-of-charge (the “Free Plan”, the “Freemium Plan”, “Free Subscription”, or the “Free Service”). Other DataHawk services require payment before you can access them. The DataHawk services that may be accessed after payment are currently referred to as the “Rookie Plan”, “Starter Plan”, “Growth Plan”, and “Pro Plan” (together, the “Paid Plans”, the “Paid Service”, or the “Paid Subscriptions”). You can learn more about our services by visiting our website and Pricing page as each plan grants access to a different set of features. Our services may not be available for all Amazon marketplaces.

Subscription Payments and Cancellations

All our Paid Plans come with a 7-days trial period. After the trial, the subscription is then considered as active and fees are applied. Fees for Paid Plans are billed every 30 days following the end of the 7-days trial period, i.e. they automatically renew unless you cancel your subscription. Failure to perform payment shall construe as material breach of this Agreement. Paying customers can cancel their subscription anytime without the need of contacting us by simply switching to the Free plan from their Account page. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval.

Governing Law and Severability

These Terms shall be governed and construed in accordance with the laws of Paris, France, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.