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Terms of Reference (TOR) for Use of DatViz Ai

1. Introduction

This document outlines the Terms of Reference (hereinafter referred to as “TOR”) for the use of DatViz Ai, an online software developed by Deepdata Inc. The purpose of this TOR is to define the scope, objectives, responsibilities, among others, associated with the use of the software.

This TOR incorporates and includes the Data Privacy Policy of DatViz Ai https://datvizai.com/Terms of Reference and https://datvizai.com/Data Privacy and Security Policy.

By registering for or accessing the DatViz Ai web application, you accept this TOR and warrant and represent that you are of Legal/Required Age, and you have the authority to bind yourself to this TOR.

2. Background

DatViz Ai is a data analytics/analysis application powered by OpenAI LLM (Large Language Model) ChatGPT4o and enhanced Python statistical codes.

Using natural conversation, you can ask DatViz Ai to simplify or summarize your data, calculate summary statistics, and generate clear and intuitive visualizations. It can be used in any field requiring quick data analysis and visualizations. DatViz Ai has been developed to empower non-profit organizations, educators, students, researchers, scientists, medical practitioners, government employees, small and medium businesses to perform large-scale data analysis. This cutting-edge tool is designed to reduce the learning curve for statisticians and data analysts, so that they can focus on analysis and interpretation, rather than coding or programming. With DatViz Ai you can unlock the full potential of your data and gain insights that were previously hidden be it due to the volume or complexity. This powerful application aims to help enhance personal and organizational efficiency and productivity.

3. Objectives of this TOR:

  1. To outline the terms and conditions for the use of DatViz Ai.

  2. To ensure compliance with legal and regulatory requirements.

  3. To establish clear guidelines regarding your responsibilities as users and the acceptable use of the software.

4. Scope

This TOR applies to all users of DatViz Ai, including, employees, contractors, and any other authorized users. It covers the following areas:

  1. Access and usage rights (see Item no. 5 below),

  2. Data privacy and security (see Item no. 6 below),

  3. User responsibilities (see Item no. 7 below),

  4. Interface with Third-Party Services (see Item no. 8 below),

  5. Support and maintenance (see Item no. 9 below),

  6. Compliance and enforcement (see Item no. 10 below), and

  7. Other standard TOR (see Item nos. 11-16 below).

5. Access and Usage Rights

  1. You will be granted access to DatViz Ai based on your role and responsibilities.

  2. Access credentials must be kept confidential and not shared with unauthorized individuals.

  3. Usage of the software must comply with the terms outlined in this document and any additional guidelines provided by Deepdata Inc.

6. Data Privacy and Security

  1. Deepdata Inc. is committed to protecting your privacy and security as a user.

  2. You must adhere to data protection policies and ensure that any personal or sensitive data is handled in accordance with applicable laws and regulations.

  3. Security measures, such as strong passwords and encryption, must be used to protect data.

7. User Responsibilities

  1. You are responsible for using the software in a manner that is ethical and lawful.

  2. Any misuse or unauthorized use of the software must be reported immediately to Deepdata Inc., to support@deepdatainc.com.

  3. You must not engage in activities that could harm the software, its users, or the company, such as introducing malware or attempting to breach security measures.

8. Third-Party Services

DatViz Ai may contain links to third-party websites or resources. Such Third-Party Services may be subject to different terms and conditions and privacy practices. Deepdata Inc. is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Deepdata Inc. of such Third-Party Services.

9. Support and Maintenance

  1. Deepdata Inc. will provide support and maintenance for DatViz Ai as outlined in the Service Level Agreement (hereinafter referred to as “SLA”).

  2. You can contact the support team via support@deepdatainc.com for assistance with any issues or questions.

10. Compliance and Enforcement

  1. Compliance with this TOR is mandatory for all users.

  2. Any violations of the terms outlined in this document may result in disciplinary action, including termination of access to the software.

  3. Deepdata Inc. reserves the right to update this TOR as necessary to reflect changes in policies, laws, or the software itself.

11. Entire Agreement

This TOR is the entire agreement between you and Deepdata Inc. regarding the subject matter of this TOR, except where Deepdata Inc. expressly states that separate terms apply. Deepdata Inc. will not be bound by, and specifically objects to, any term, condition or other provision which is different from or in addition to the provisions of this TOR.

12. Severability

If, for any reason, any part of this TOR shall be held to be invalid or unenforceable, the other parts of this TOR shall remain in full force and effect.

13. Assignment

You may not assign or transfer any rights, obligations or privileges that you have under this TOR and/or SLA without the prior written consent of Deepdata Inc. Deepdata Inc. may assign this TOR, in whole or in part, at any time without notice. Subject to the foregoing, this TOR will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this Section will be deemed null and void.

14. Indemnification

You will indemnify, defend and hold harmless Deepdata Inc. (and its officers, directors, and shareholders) from and against any and all losses, costs, expenses, damages or other liabilities, including attorneys’ fees and related legal expenses, incurred by Deepdata Inc. arising directly or indirectly from or related to any cause of action, claim, suit, proceeding, investigation, demand or action brought by a third party against Deepdata Inc. in connection with or resulting from:

  1. Your failure to comply with this TOR,

  2. Your use of DatViz Ai or Confidential Information in violation of applicable law or this TOR,

  3. Any grossly negligent or intentional wrongdoing by you in your use of DatViz Ai,

  4. Any violation of a third party’s rights, including Intellectual Property Rights, resulting in whole or in part from your use of DatViz Ai, and

  5. A dispute between you and any other DatViz Ai user.

15. Dispute Resolution

Any dispute, difference, or claims arising out of or relating to this TOR, or its existence, validity, interpretation, breach or termination thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of Philippine Dispute Resolution Center Inc. (hereinafter referred to as “PDRCI”) in force at the time of the commencement of arbitration.

The number of arbitrators shall be three. The seat of arbitration is the Philippines, whose laws shall be the law of the arbitration agreement. The language of the arbitration shall be English.

In the course of the Arbitration, the parties may refer any or all of the claims or issues to mediation under the PDRCI Mediation Rules. The arbitration of such claims or issues shall be suspended upon the commencement of the mediation, without prejudice to their return to arbitration in case mediation fails. The mediation shall not suspend the arbitration of any remaining claims or issues.

16. Notices

All notices relating to this TOR will be sent by e-mail or will be posted on the DatViz Ai website. You consent to Deepdata Inc. sending you emails relating to DatViz Ai from time to time. Deepdata Inc. will send notices to you at the e-mail address maintained in the records for you. You must send notices to Deepdata Inc. at support@deepdatainc.com. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notice/s is/are deemed received on the day and time the same is/are sent.

17. Contact Information

If you have questions or concerns regarding this TOR, please contact Deepdata Inc. via email at support@deepdatainc.com.

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