Information provides us by users or clients. When you download a mobile application developed by Datamotion and related companies, sign up Sandbox account, or Datahub account, or contract for the Service, we may receive or collect one or more of the following items: name, address, email address, company name, market vertical, country, telephone number, account password, payment information, credit card information and other billing data. For example, you may provide personal information directly to us in connection with signing up, registering or interacting with DataMotion or our partners/clients through the use of the Service, when you set up an account for services, when you subscribe to email alerts, updates or newsletters, or when you respond to a survey, fill out a form, or complete or update any user or Client profile through the Service.
When Is Information Shared Or Disclosed?
The Services may include or interoperate with applications, services, features or functionalities provided by third parties. In connection with such third party applications, services, features or functionalities, you may send (or such third parties may get access to) certain information about or related to you or your activities therewith. The use, storage, and disclosure of such information by these third parties is subject to their own privacy policies.
In connection with your use of the Services, you may have the opportunity to accumulate Rewards. Rewards may be in the form of cash, gift cards, coupons, discounts, sweepstakes entries, prize drawing entries, or other items of value. Information, official rules, and terms and conditions governing any Rewards may be described in these Terms, on the Websites, on websites or webpages designated for redeeming Rewards, and/or in any newsletter or other communication distributed or published by Datamotion. Datamotion may modify, alter, delete, or add new terms and conditions related to any Reward at any time without notice. For Datamotion this includes but is not limited to modifying, altering, adding, or deleting available Rewards, and modifying, altering, adding, or deleting any conditions for earning incentives or rewards, at any time without notice. In addition, Datamotion may terminate or cease offering any Reward in connection with the Services, at any time without notice. Datamotion makes no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Rewards, including but not limited to any warranty of merchantability or fitness for a particular purpose. Datamotion is not, and will not be, liable or responsible for the performance or failure of any product or service given to you as, or redeemed with, a Reward, or for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with such product or service. Datamotion will not replace any lost, stolen, misplaced, or damaged Rewards. The suppliers or providers of any products or services offered in connection with Rewards, and/or the owners or operators of the any website(s) on which you redeem any Reward, may have their own terms and conditions. Please review these terms and conditions carefully. PII may have to be collected, processed, and/or disclosed in connection with a Reward program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing, and/or disclosure of your PII for such purposes, and all such PII shall be subject to the terms set forth in Datamotion’s Privacy and Cookie Notice.
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAXES, AND THAT SUCH TAXES ARE SOLELY YOUR RESPONSIBILITY. Datamotion may provide you and/or the appropriate government agency or taxing authority with information related to any Rewards you earn in connection with the Services. You agree to provide Datamotion with all required information to assist Datamotion in complying with its reporting or withholding obligations. Datamotion may withhold any tax from any Reward as required by applicable law. In the United States, if you receive Rewards the total value of which equals or exceeds $600 in any tax year, you will be required to furnish your taxpayer identification number or complete and return a W-9 form before the awarding of any Reward to comply with IRS tax reporting requirements.
You may opt out of the Services (including, without limitation, from receiving newsletters or communications) at any time by: (i) following the unsubscribe procedures described on the applicable Website or contained in any email received from Datamotion; or (ii) sending an email to firstname.lastname@example.org Datamotion shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Please allow a few days for the processing of opt-out requests, during which period you may receive communications that were created or compiled prior to your opting out. Please see Datamotion handles information and data following an unsubscribe or opt-out request.
THE SERVICES, INCLUDING ALL INFORMATION, MATERIAL, AND COMMENTARY MADE AVAILABLE ON OR THROUGH THE SERVICES, ARE PROVIDED “AS IS”, AND DATAMOTION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY SUCH INFORMATION, CONTENT, MATERIAL, AND COMMENTARY. FURTHER, DATAMOTION HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DATAMOTION DOES NOT WARRANT THAT: (I) THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SERVICES (OR INFORMATION, SURVEYS, PRODUCT TESTING, CONTENT, MATERIAL, OR COMMENTARY CONTAINED THEREIN) WILL BE UNINTERRUPTED OR ERROR FREE; (II) DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED; (III) THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE SERVICES OR ANY DATAMOTION APPLICATION WILL NOT HAVE ANY HARMFUL EFFECT ON YOUR COMPUTER OR YOUR MOBILE DEVICE. DATAMOTION DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES. DATAMOTION SHALL HAVE NO OBLIGATION TO COMMUNICATE WITH ANY MANUFACTURERS, RETAILERS, OR OTHER THIRD PARTIES WHOSE PRODUCTS/SERVICES ARE THE SUBJECT OF A SURVEY OR PRODUCT TESTING. DATAMOTION IS NOT RESPONSIBLE FOR REPAIRING, REPLACING, OR IMPROVING ANY SUCH PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Datamotion, including its parents, affiliates, and subsidiaries (and their respective members, managers, shareholders, directors, officers, employees, and agents), from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties, costs, and/or expenses of any kind, including but not limited to reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL DATAMOTION BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER DATAMOTION IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge and agree that you will comply with all applicable international, national, federal, state, and local laws, codes, regulations, rules, and requirements (“Applicable Laws”) regarding your use of, participation in, and/or access to the Services.
Datamotion employees and their Immediate Family Members (as defined herein) are not eligible to receive any Rewards for using, participating in, or accessing the Services. For the purpose of this Section 16, the term “Immediate Family Members” includes parents, spouses or spousal equivalents, domestic partners, children, girlfriends, and boyfriends. Datamotion employees may use, access, or participate in the Services only after receiving written permission from their respective manager, and only for the sole purpose of improving the Services. Datamotion’s employees must always be honest and report accurate information in connection with using, accessing, or participating in the Services.
Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to Datamotion should: (i) be correctly addressed to the address below, and shall be sufficiently delivered if delivered (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch), or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the email address below. Data Motion Pte.Ltd. 68 CIRCULAR ROAD #02-01, SINGAPORE (049422)
Email: Info@datamotio.ai Except as otherwise required by Applicable Laws, you agree that Datamotion may provide notices to you: (i) via the e-mail address provided by you to Datamotion (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Datamotion did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid, addressed to the address provided by you to Datamotion (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website. You agree to check the applicable Website frequently for notices and to keep your PII up-to-date.
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
These Terms and your access to, use of, and/or participation in the Services shall be governed by and construed in accordance with the laws of the republic of Singapore, without regard to any portion of any choice of law principles that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the Services shall be subject to the exclusive jurisdiction of the republic of Singapore
Data Motion Pte.Ltd. 68 CIRCULAR ROAD #02-01, SINGAPORE (049422)