Data Rate




"DATA RATE" TERMS & CONDITIONS

& PRIVACY POLICY


Last updated: January 2022

DATA RATE welcomes you and thanks you for choosing to use the DATA RATE chrome extension. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY


1. AGREEMENT TO TERMS
1.1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, hitherto known as "you, or your" and DATA RATE, hitherto known as "we," us," or "our." This agreement pertains to the access and use of the DATA RATE chrome extension as well as its use with any other media form, media channel, mobile website, website-related integration or platform, media linked, or any other application in connection to or
otherwise connected to DATA RATE, (collectively known thitherto as, the "DATA RATE"). You agree and acknowledge that by accessing DATA RATE, you have read, understood, and agree to be bound by all of these Terms and Conditions in this agreement. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING DATA RATE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.2. In the event of inconsistency between any terms of this contract and any translation into another language, the English version will control and prevail on any question of interpretation or otherwise.
1.3. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last Updated" of these Terms and Conditions, and you waive any right to receive specific notice of any such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of any updates. You acknowledge and accept that by your continued use of DATA RATE, you will be subject to, and are deemed to have been made aware of and accepted, the changes in any revised Terms and Conditions after the date of the amended Terms are posted.
1.4. The information provided on DATA RATE is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access DATA RATE from other locations do so on their own initiative and are solely responsible for compliance with local laws, where applicable.
1.5. DATA RATE is intended for users who are legally 18 years of age. Persons under the age of 18 are not permitted to use or register for DATA RATE.

2. INTELLECTUAL PROPERTY RIGHTS
2.1. Unless otherwise indicated, DATA RATE is our property, and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on DATA RATE collectively, hitherto known as the "Content," in addition to the trademarks, service marks, and logos contained therein, hitherto known as the "Marks" are owned or controlled by us or licensed to us. The Content and the Marks provided on DATA RATE are "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of DATA RATE, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. USER REPRESENTATIONS
3.1. By using DATA RATE, you represent and warrant that: (1) Your use of DATA RATE is at your own risk and responsibility, (2) All registration information you submit will be true, accurate, current, and complete, (3) You will maintain the accuracy of such information and promptly update such registration information as necessary, (4) You have legal capacity according to the terms of this agreement, and you agree to comply with the Terms of use, (5) You are not under the age of 18, (6) You are not a minor in the jurisdiction in which you reside, (7) You will not access DATA RATE through automated or non-human means, whether, through a bot, script or otherwise, (8) you will not use DATA RATE for any illegal or unauthorized purpose, (9) Your use of DATA RATE will not violate any applicable law(s) or regulation(s).
3.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any existing or future use of DATA RATE or any portion thereof.


4. USE OF THE EXTENSION

4.1. DATA RATE is a Google Chrome extension.

4.2. In order to access DATA RATE services, you will be required to add DATA RATE to chrome and purchase a Subscription (DATA RATE extension is free for personal use only).

4.3. DATA RATE is not obligated in any way whatsoever to maintain any variety of services.

4.4. DATA RATE may change, at any time, the subscription and/or the prices and/or the services offered in the application, replace them, minimize them, or add to them, without any prior notice.
4.5. The cancellation of the subscription to the extension will be in according with the cancellation policy of the App Store.

5. PROHIBITED ACTIVITIES
5.1. You may not access or use DATA RATE for any purpose other than that for which we make DATA RATE available. DATA RATE may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
5.2. As a user of DATA RATE, you agree not to:
5.2.1. Make any unauthorized use of DATA RATE, including collecting usernames and/or email addresses or ANY DATA of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
5.2.2. Circumvent, disable, or otherwise interfere with security-related features of DATA RATE, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of DATA RATE and/or the content contained therein.

5.2.3. Engage in unauthorized framing of or linking to DATA RATE.

5.2.4. Deceive, defraud, or mislead other users and/or us, especially in any attempt to learn sensitive account information such as user passwords, or any other data.

5.2.5. Make improper use of our support services or submit false reports of abuse or misconduct.

5.2.6. Engage in any automated use of DATA RATE, such as using scripts to send comments or messages, or using any data mining, data mining tools, robots, or similar data gathering and extraction tools.
5.2.7. Interfere with, disrupt, or create an undue burden on DATA RATE or the networks or services connected to DATA RATE.
5.2.8. Attempt to impersonate another user or person or use the username of another user. 5.2.9. Sell or otherwise transfer your profile.
5.2.10. Use any information obtained from DATA RATE in order to harass, abuse, or harm another person.

5.2.11. Use DATA RATE as part of any effort to compete with us or otherwise use DATA RATE and/or the Content for any revenue-generating endeavor or commercial enterprise.

5.2.12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of DATA RATE.
5.2.13. Attempt to bypass any measures of DATA RATE designed to prevent or restrict access to DATA RATE, or any portion of DATA RATE.
5.2.14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of DATA RATE to you.
5.2.15. Delete the copyright or other proprietary rights notice from any Content.
5.2.16. Copy or adapt DATA RATE's extension, including but not limited to PHP, HTML, JavaScript, or other code.
5.2.17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of DATA RATE or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of DATA RATE.
5.2.18. Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses DATA RATE, or using or launching any unauthorized script or other software.
5.2.19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or DATA RATE.
5.2.20. Use DATA RATE in a manner inconsistent with any applicable laws or regulations or website terms and conditions.
5.3. Any use of DATA RATE in violation of the preceding violates these Terms and Conditions and may result in, but not limited to, termination or suspension of your rights to use DATA RATE.


6. CHROME WEB STORE

6.1. The following terms apply when you use DATA RATE obtained from chrome web store:

6.1.1. The license granted to you for DATA RATE is limited to a non-transferable license to use DATA RATE on the chrome web browser, as applicable, and in accordance with the usage rules set forth in chrome's terms of service.

6.1.2. You must comply with applicable third-party terms of service when using DATA RATE.

6.1.3. You acknowledge and agree that the chrome web store is third-party beneficiary of the Terms and Conditions in DATA RATE license and that different app distributor or software distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions in DATA RATE license against you as a third-party beneficiary thereof.


7. SUBMISSIONS
7.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding DATA RATE, hitherto known as "Submissions" provided by you in connection to us or DATA RATE are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

8. THIRD-PARTY CONTENT
8.1. DATA RATE may contain (or you may be sent via DATA RATE) links to other websites or applications hitherto known as "Third-Party Content," as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-parties. Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Content accessed through DATA RATE posted on, available through, or installed from DATA RATE, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement thereof by us.

8.2. If you access in any way on any platform the Third-Party Content or use or install any Third-Party Content, by exiting DATA RATE or accessing a link in our software that takes you to a Third Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites or applications to which you navigate from DATA RATE or relating to any websites or applications you use or install through

DATA RATE.

8.3. Any purchases you make through third-party will be through other websites or applications and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with third-party.


9. CHROME EXTENSION MANAGEMENT AVD PRIVACY POLICY

9.1. We reserve the right, but not the obligation, to (1) monitor DATA RATE for violations of these Terms and Conditions, (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities, (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof, (4) in our sole discretion and without limitation, notice, or liability, to remove from DATA RATE or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage DATA RATE in a manner designed to protect our rights and property and to facilitate the proper functioning of DATA RATE the associated Device.

9.2. To provide you service, we use certain of your data, such as, inter alia, information about your use of DATA RATE, and information about your device, hitherto known as "Information." Personal information may be collected and used to:

9.2.1. Provide services to you and improve DATA RATE and/or the services. 9.2.2. Ensure proper performance of DATA RATE.

9.2.3. Analyze and manage our businesses.

9.2.4. Improve our customer service.

9.2.5. Contact you or provide you with relevant data with regard to DATA RATE or the services.

9.3. Each time you use DATA RATE, we may automatically collect certain types of information. Some examples of automatic information we may collect are as follows:

9.3.1. We may record your internet service provider's address, your internet protocol or IP address, and the type of handheld or mobile device.
9.3.2. We may collect a record of your activity or your "clickstream" while visiting DATA RATE.

9.3.3. We may use "cookies" of different types to recognize your mobile device. A cookie is a small text file that a website, online application, or email may save to your internet browser and/or your computer's hard drive for use in subsequent visits to sites.

9.3.4. We may collect any information you enter, share, or that can be obtained from your use of DATA RATE.

9.4. We may share your personal information with third parties, including with our Services Providers. 9.5. Some examples of things service providers may do that may involve your Information are: 9.5.1. Develop, host, or maintain DATA RATE on our behalf.

9.5.2. Aggregate customer information and/or improve customer service. We may then share such aggregated data with prospective marketing partners and advertisers.

9.6. These service providers are granted access to some or all of your Information as necessary and may use cookies (as defined above) or other automatic collection technology on our behalf.


10. COPYRIGHT INFRINGEMENTS
10.1. We respect the intellectual property rights of others. If you believe that any material available on or through DATA RATE infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

11. TERM AND TERMINATION
11.1. These Terms and Conditions shall remain in full force and effect while you use DATA RATE. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF DATA RATE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN DATA RATE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
11.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. MODIFICATIONS AND INTERRUPTIONS
12.1. We reserve the right to change, modify, or remove the contents of DATA RATE at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on DATA RATE.
12.2. We also reserve the right to modify or discontinue all or part of Datarate without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of Datarate.
12.3. We cannot guarantee DATA RATE will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to DATA RATE, resulting in interruptions, delays, or errors. By use of DATA RATE or its associated Device, you acknowledge that we are not liable for any inconvenience or harm that may be related to the aforementioned.
12.4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify DATA RATE at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use DATA RATE during any downtime or discontinuance of DATA RATE. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support DATA RATE or to supply any corrections, updates, or releases in connection therewith.

13. GOVERNING LAW
13.1. These Terms and Conditions and your use of DATA RATE are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles.
13.2. Any legal action of whatever nature brought by either you or us collectively, the "Parties" and individually, a "Party" shall be commenced or prosecuted in the state Israel, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenience.

14.CORRECTIONS
14.1. There may be information on DATA RATE that contains typographical errors, inaccuracies, or omissions that may relate to DATA RATE, including descriptions, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on DATA RATE at any time without prior notice.

15. DISCLAIMER
15.1. DATA RATE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF DATA RATE SERVICES WILL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.
15.2. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH DATA RATE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF DATA RATE'S CONTENT OR THE CONTENT OF ANY WEBSITE OR APPLICATIONS LINKED TO DATA RATE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY, (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF DATA RATE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM DATA RATE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH DATA RATE BY ANY THIRD PARTY.
15.3. DATA RATE strongly recommend to all users to act wisely and carefully while using DATA RATE services.
15.4. The information appearing on DATA RATE should be not construed as a promise of any result and/or responsibility for any activity in DATA RATE. DATA RATE will not be responsible for any damage, direct or indirect, which will be caused to the user as a result of relying on information appearing on DATA RATE and/or links to other sites and/or any other source of internal and/or external information and/or use of products displayed by DATA RATE.

16. INDEMNIFICATION
16.1. You agree to defend, indemnify, and hold us harmless, including our affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of, (1) use of DATA RATE, (2) breach of these Terms and Conditions, (3) any breach of your representations and warranties set forth in these Terms and Conditions, (4) your violation of the rights of a third party, including but not limited to intellectual property rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. MISCELLANEOUS
17.1. These Terms and Conditions and any policies or operating rules posted by us on DATA RATE constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.
17.2. If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term will, to that extent, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

18. CONTACT US

In order to resolve a complaint regarding DATA RATE or to receive further information regarding the use of DATA RATE, please contact us at:

Phone: +972-534305715;

E-mail: hello@datarate.io

All rights in this document are reserved to Daniel Law Office.

Last updated: January 2022

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