Terms & Conditions
Last modified: December 21st, 2015
Please review the following terms and conditions concerning your use of, and access to datasift.com (including any pages within the datasift.com domain cumulatively referred to herein as the “Site”), our Application Programming Interface (the “API”), and our data sifting interface tools (including without limitation our programming language (“CSDL”) and/or Query Builder (cumulatively referred to hereinafter as the “Tools”)). The services we offer through our Site and/or our API in conjunction with our Tools (cumulatively the “Services”) are only made available to you upon your acceptance and continued compliance with these terms of service (the “DataSift Terms of Service”). Our Services may be used to access and view certain data (the “Data”) through our Site or our API.
The Site is operated by Mediasift Limited (referred to as “we”, “us”, or “our”). We are registered in England and Wales under company number 06411859 and have our registered office at MediaSift Ltd, 450 Brook Drive, Reading, Berkshire, RG2 6UU, UK.
By creating an account you become a customer (“Customer”) and you represent and warrant:
- You are at least 18 years old and legally capable of entering into binding contracts. Our Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited.
- You shall comply with the Agreement and all applicable laws and regulations in the country in which you are located.
- If you are acting on behalf of an organization you are authorized to accept and bind such organization into a contractual relationship with us (in which case references to “you” are to that organization, and not you personally).
IP RIGHTS AND LICENSE GRANTS
Intellectual Property Rights
We are the owner or the licensee of all intellectual property in our Site, API and Services. That intellectual property may be protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means unless expressly permitted by us. Except where expressly provided otherwise by us, nothing in our Agreement may be construed to confer any license or ownership right in any of our intellectual property rights whether by estoppel, implication, or otherwise. We expressly reserve all rights in our intellectual property associated with the Site, API and Services not expressly granted to you in the DataSift Terms of Service.
Data Source License Terms
The Data available through our Services is provided to you by us but may be sourced and/or licensed from other parties or licensors (the “Data Source”). Certain Data is subject to separate license terms (the ”Data Source License Terms” or “DSLTs”) and may also be subject to separate fees.
Before you can enable Data from a specific Data Source, you will be shown the applicable DSLTs and you will be required to agree to the terms therein. You may continue to be subject to those DSLTs even if you subsequently close your account with us. If you do not agree to any applicable DSLTs, you shall not be entitled to receive Data from that Data Source. The DSLTs are an integral part of our Agreement and supplement these DataSift Terms of Service. To the extent that the applicable DSLTs may be inconsistent with any other portion of the Agreement, the DSLTs shall control in that respect.
Subject to the terms and conditions herein and any applicable DSLT, we grant to you a limited, non-exclusive, non-transferable license to (i) use the Services we offer to access and view Data; and (ii) copy the Data, create derivative works from the Data, and to sublicense and distribute, pursuant to the terms herein and any applicable DSLT, commercial products developed by or on behalf of you incorporating the Data.
FEES, PAYMENTS, AND TAXES
Unless you enter into a separate written agreement with us that provides otherwise, the fees for our Services depend on the number of processing units (“DPUs” or “SPUs” as applicable) you consume plus any applicable Data Fees, and any other fees as set forth on an applicable Order Form.
DPUs/SPUs are a measurement of the computational complexity for the processing that you perform on the Service. A higher number represents a more complex process. We measure DPUs/SPUs on a per-hour basis.
Applicable fees for Data depend on the Data Source.
Unless you enter into a separate written agreement with us that provides otherwise, all fees are charged and payable in full and in advance. Payment is non-refundable and non-transferrable. There will be no refunds or credits for partial periods of use, or for not using your account. All amounts payable to us must be made without setoff or counterclaim, and without any deduction or withholding.
If you setup a regular or recurring payment, you authorize us to receive payment in this way on an ongoing basis using the payment details you provide until you tell us to change your method of payment. If you wish to change your method of payment or change your payment details, please tell us as soon as you can so that we can try to implement the change before your next billing cycle.
Unless otherwise expressly stated, any fees charged to Customer do not include Taxes (as defined below). Customer is required to pay any and all Taxes associated with the fees charged by DataSift (“Transaction Taxes”), regardless of how or upon whom they are imposed on. These Transaction Taxes exclude income taxes but may include, but are not limited to, local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value added taxes, consumption taxes, Goods and Services taxes, GST/HST, excise, sales, use or similar taxes and any withholding taxes (together “Taxes”). All amounts invoiced pursuant to this Agreement are payable in full and without reduction for Taxes. If DataSift has a legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides DataSift with a valid tax exemption certificate authorized by the appropriate taxing authority. We are registered for VAT in the United Kingdom with number 925 4697 90. If any deduction or withholding is required by law, you will notify us and you will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
The Disclosing Party agrees that the foregoing shall not apply with respect to Confidential Information that: (i) is or becomes generally available to the public; (ii) was in its possession or known by the Receiving Party prior to receipt from the Disclosing Party; (iii) was rightfully disclosed to the Receiving Party by a third party; (iv) was independently developed without use of any Confidential Information of the Disclosing Party; or (v) is required to be disclosed by operation of law or court order.
The confidentiality obligations of the Receiving Party hereunder shall continue during the duration of our Agreement and for a period of two (2) years thereafter; provided, however, that with respect to any trade secrets of the Disclosing Party, the confidentiality obligations of the Receiving Party with respect to such trade secrets shall continue for as long as they remain trade secrets under applicable law. Notwithstanding the foregoing or anything in this Agreement to the contrary, to the extent that you have entered into a separate agreement with us that contains terms that are more protective of our Confidential Information than the terms of this paragraph, then the confidentiality obligations of such separate agreement shall control over the confidentiality obligations of this Agreement.
ACCEPTABLE USE AND PRIVACY
Restriction on Use of our Services
You may only use our Services as set forth herein. You also agree that the following actions shall constitute a material breach of our Agreement:
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering, reverse engineering, or changing our Services without our written consent;
- Violating the terms of any applicable DSLT;
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does similar things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our Services, or any portion thereof;
- Failure to make timely payments to us when due;
- Accessing or using our Services for purposes directly competitive with us or a Data Source;
- Disguising the origin of information transmitted to, from, or through our Services;
- Impersonating or allowing anyone to impersonate you to access or use our Services;
- Distributing viruses or harmful software to us or our Services;
- Using our Services for any purpose in violation of any applicable laws;
- Using our Services in a way that, in our sole discretion, could likely result in harm to others;
- Circumventing any measures implemented by us aimed at preventing violations of the DataSift Terms of Service; or
- Assisting any other party in doing or engaging in any of the foregoing conduct.
We reserve the right, in our sole discretion, to terminate your access to our Services or any portion thereof due to any act that would constitute a violation of our Agreement.
Any feedback, enhancement request, suggestions, or information (including any CSDL queries or code generated using our Tools) (cumulatively the “Content”) that you input to or through our Site or our API shall belong to you, but you grant us a non-exclusive, perpetual, irrevocable, worldwide, transferable, royalty-free license, with the right to sublicense through multiple tiers, under all relevant intellectual property rights, to use, publish, and disclose such Content and to display, perform, copy, make, have made, use, sell, and otherwise dispose of our products or services embodying Content in any manner and via any media we choose without any limitation or restriction of any kind. This license grant shall continue perpetually even if you close your account. You are solely responsible for making sure that you have all rights in any Content that you input as is necessary for you to grant us the foregoing license and you represent and warrant that you have all legal rights in such Content. We shall be entitled to commercially exploit and use Content for any purpose without restriction or remuneration of any kind with respect to you and/or your agents or business entity you represent (where applicable).
We are registered with the Information Commissioner's Office for the purposes of the Data Protection Act 1998 with registration number Z242113X.
Links to Other Websites
Our Site may contain links to other websites that may be of interest to you. We provide any such links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website. It is your responsibility to take precautions to ensure that whatever website you may select for your use is free of viruses or other items of an intrusive or malicious nature. Clicking on any such links from our Site to gain access to other websites is at your own risk.
SUSPENSION AND CLOSURE OF ACCOUNTS
We may suspend access to any portion or all of our Services at any time if we decide, in our sole discretion, that your use of our Services:
- Poses a security risk to anyone;
- May materially and adversely impact us or a Data Source;
- May cause us to incur a liability;
- Is in breach of our Agreement; or
- Is required by law.
If we suspend your access to any portion or all of our Services:
- You remain responsible for all accrued fees and other amounts that you owe to us (including fees for Services that you may continue to have access to).
- Unless we close your account, we will reinstate your account once we are satisfied that the circumstances causing the suspension have passed.
Our right to suspend is in addition to our right to close your account.
Effect of closing your account
If we close your account for reasons that are not caused by your breach of our Agreement, we will refund the amount you have paid to us in respect of the period after we close your account or otherwise terminate your access to or use of our Services.
We may delete the Content related to you after your account is closed, and such Content will not be recoverable. We will not be responsible to you for any Content that is lost when your account closes. Please note that some Content that you input into our systems may not be deleted, and that we may continue to use it in accordance with the terms herein.
Once your account is closed:
- You will remain responsible for any unpaid fees or other amounts owed to us.
- You must stop using our Services and any related material.
- You will not have any future rights under our Agreement.
- All terms in our Agreement that must continue in force to fulfill their respective purpose will do so and remain binding.
DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY; AND INDEMNITIES
Disclaimer Of Warranties
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, OUR SITE, API, OR SERVICES, ANY DATA OBTAINED FROM US, AND/OR ANY MATERIALS ASSOCIATED THEREWITH (CUMULATIVELY THE “DATASIFT MATERIALS”) ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE DATASIFT MATERIALS INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE DATASIFT MATERIALS, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE DATASIFT MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE DATASIFT MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE DATASIFT MATERIALS YOU PURCHASE OR OBTAIN WILL MEET YOUR REQUIREMENTS; OR (C) THAT THE DATASIFT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE DATASIFT MATERIALS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND/OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DAMAGES OF ANY KIND RESULTING FROM SUCH PROBLEMS OR FROM ANY CIRCUMSTANCES OUTSIDE OF OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, UNAVAILABILITY OF THE DATA FROM THE DATA SOURCE OR ACTS OF GOD. YOUR USE OF THE DATASIFT MATERIALS FOR ANY TIME CRITICAL OR BUSINESS CRITICAL PURPOSES IS AT YOUR OWN RISK.
Limitation Of Liability
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY (WHETHER BASED IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION) EXCEED THE LOWER OF: (I) ANY AMOUNTS PAID BY YOU TO US IN THE COURSE OF THE PRECEDING TWELVE (12) MONTHS, OR (II) $100,000 (ONE HUNDRED THOUSAND DOLLARS) FOR ANY CLAIMS MADE BY YOU AGAINST US RELATED TO THE DATASIFT MATERIALS. IN NO EVENT SHALL WE BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE DATASIFT MATERIALS, REGARDLESS OF CAUSE, WHETHER BASED IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR CLARIFICATION, THE FOREGOING EXPRESSLY PRECLUDES ANY LIABILITY ON OUR PART FOR ANY LOSS OF INCOME OR REVENUE OR BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, AMOUNTS PAID OR OWED TO YOUR CUSTOMERS OR TO YOUR AFFILIATES, LOSS OR CORRUPTION OF DATA OR SYSTEMS, OR WASTED INTERNAL COSTS, OR WASTED MANAGEMENT OR OFFICE TIME YOU MAY INCUR IN RELATION TO YOUR USE OF OR ACCESS TO THE DATASIFT MATERIALS.
NOTHING IN THIS AGREEMENT EXCLUDES OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (II) FRAUD OR FRAUDULENT MISREPRESENTATION.
Your Indemnity Obligations
Unless expressly provided otherwise in a written agreement between you and us, you shall defend and immediately indemnify us (including our officers, directors, and agents) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with a claim by any third party related to, or arising from, your use of the DataSift Materials (including, without limitation, any breach by you of our Agreement) save as a result of our negligence. If such a claim is brought against us you agree that you shall give us reasonable co-operation in all respects in the defense and/or settlement of any such claim. We shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the DataSift Materials; (b) the combination of the DataSift Materials with any other products, services, or materials; or (c) any third party products, services, or materials.
Our Agreement and all communication between you and us shall be in English. Applicable law may require that some of the information or communications we send to you be in writing. You agree that communication with us will be primarily electronic and that this constitutes written communication.
When contacting you, we will use the information you provide to us when registering, or any update or replacement thereto that you may have provided.
A person who is not party to our Agreement shall not have any rights hereunder or pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
No Agency Relationship
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing and except where otherwise provided by written agreement, DataSift is not acting and does not act as an agent for any user or visitor of the Site, API or Services.
Transfer of rights and obligations
Our Agreement and all terms therein are binding upon you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of your Agreement with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose of our Agreement with you, or any of our rights or obligations arising under it, at any time without your written consent.
Delays in enforcement
If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
Invalid Terms of Service
If any term or provision of our Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall not be affected and such term or provision shall be modified to the extent necessary to approximate as closely as possible the intent thereof.
Governing Law and Exclusive Venue for Disputes
Any claim arising under this Agreement or the Order Form shall be governed by the laws of the State of California, without regard for conflict of laws. Any such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
You may contact us as set forth below:
We reserve the right, at our discretion, to change, modify, add or remove portions of these DataSift Terms of Service at any time without warning by posting an updated version to our Site in order to reflect those changes.
You agree to periodically review the documents that make up our Agreement from time to time to take notice of any changes we may make, as they are immediately binding on you. Continued access or use of our Site, API, or Services shall be deemed conclusive evidence of your acceptance of any modified terms.
The sections entitled IP RIGHTS AND LICENSE GRANTS, CONFIDENTIALITY OBLIGATIONS, and DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY; AND INDEMNITIES, shall survive any termination or expiration of this Agreement.
Unless you enter into a separate written agreement with us that provides otherwise, the Agreement and the terms and conditions referenced therein: (i) set out the entire Agreement between you and us regarding our Services; and (ii) supersede all previous or contemporaneous representations, agreements or communications between you and us regarding the Services. We will not be bound by any obligation, condition or other provision that is different from or in addition to those unless authorized by us in writing. You agree that any payment for our Services is not contingent upon any future functionality or features.
We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service is not directed at children under the age of 13 and you must be at least 18 years old to use our Service.
For the purpose of the Data Protection Act 1998, the data controller is Mediasift Limited.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following information about you:
Information You Provide Us Directly
- When you register for an account and/or utilize our Services.
Examples of information we collect that you provide us directly may include:
- first name, last name
- physical mailing address
- home or business address
- telephone number (home, business, and/or mobile/cellular)
- e-mail address(es)
- approximate age/birthdate (month/year)
- financial information such as payment details and your transactional history with us.
- We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools may collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We may collect and use this analytics information along with analytics information from other users.
Cookies and Similar Technologies
- Our Site is not presently configured to respond to “Do Not Track” or DNT signals from web browsers.
Log File Information
- Your browser may automatically report log file information each time you make a request to access (i.e., visit) a web page or app.
- When you use our Service, our servers may record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our users that then help us track, which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.
INFORMATION FROM THIRD PARTIES
The Data available through our Services is provided to you by us but is sourced and/or licensed from Data Sources. Data Sources may consist of social networks, message boards, blogs and other sites where users publically post comments, opinions and other content such as pictures, videos and links.
Depending on the Data Source, the Data that we are permitted to collect may vary. Such Data may include details such as a profile picture, postings, comments, username, user age, birthdate, gender, location, time zone; number of followers, friends, contacts; and/or date, time and place that Data was uploaded. Ultimately, the Data that is obtained by us will be dependent on what has been made publicly available and provided to us by the Data Source.
WHERE WE STORE YOUR INFORMATION AND SECURITY MEASURES
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
We will retain your information for as long as your account is active or as needed to provide our Services to you. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of information transmitted to our Site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- To ensure that content from our Site is presented in the most effective manner for you and for your computer.
- To provide you with information, products, or services that you request or which we feel may interest you.
- To carry out our obligations arising from any agreements entered into between you and us.
- To notify you about changes to our Service and to correspond with you.
- To investigate breaches of our agreement with you or unlawful use of the Service.
- To produce aggregate statistical information and analytics about the Service (from which users cannot be identified).
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any of our affiliates, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- As provided for in the DataSift Terms of Service to the Data Sources from whom you obtained the Data while using our Services;
- Who provide a service to us and only use personal information in accordance with our instructions. For example, in order to process payment for our Services, we may use third party payment processors to assist it in processing your personally identifiable payment information securely;
- If we are under a duty to disclose or share your information in order to comply with any legal obligation, or in order to enforce or apply the DataSift Terms of Service; or to protect the rights, property, or safety of us or others.
To the extent we have directly collected information from you, you have the right to ask us not to process your information for marketing purposes. We will usually inform you (before collecting your information) if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You may exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your information. In addition, you may review and request changes to any of the information we have collected from you through our Site or request changes to your marketing preferences. With respect to any of the foregoing requests, please contact us via the information provided at http://datasift.com/contact-us/.
Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please review these policies before you submit any information to these websites.
ACCESS TO INFORMATION
In accordance with the Data Protection Act 1998, you are entitled to request a copy of the information we hold about you. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
DataSift Service Level Agreement
This Service Level Agreement (“SLA”) applies to all paying Customers of our Services. The following definitions are applicable in this SLA:
“Availability” means that we will (a) make the Services available to you pursuant to our Agreement, (b) provide our standard support for the purchased Services to you, and (c) use commercially reasonable efforts to make the purchased Services available 24 hours a day, 7 days a week, except for Permitted Downtime.
- For PYLON for Facebook Topic Data: A cash discount to be applied against future invoices.
- For all other DataSift Services: DPUs.
“Downtime” means our Service downtime, being the number of minutes in a month when our Service is confirmed to be not available, excluding Permitted Downtime, as evidenced by a support ticket created during such downtime at https://support.datasift.com/home and measured from the time of ticket submission to resolution of the issue.
“Month” means the total number of minutes in each calendar month, less the Permitted Downtime.
“Permitted Downtime” means the number of minutes in the month during which our Service does not have Availability as a result of:
- Planned maintenance
- Unavailability of the Data to us
- Occurrences outside of our reasonable control
- Your account being suspended or closed
- Your account having reached an applicable limit per our Agreement
If our Service does not achieve 99.9% Availability, you will be able to claim Credits as follows:
|Service level||Availability measure||Credit|
|99.9% Availability per month when you make a call||Measured by our monitoring systems at the end-points of our Service, and calculated as follows: % Availability = ((Month – Permitted Downtime) – Downtime) / (Month – Permitted Downtime)
Example: A 30 day month has 43,200 minutes. There are 60 minutes of planned maintenance in that month, and no other Permitted Downtime. If there is an outage in our system of 200 minutes from the time of issue submission until resolution of the issue, our Availability is:
((43,200 - 60) - 200) / (43,200 - 60) = 99.536% Availability
|If the Availability % is less than 99.9%, you will be entitled to a Credit that is equivalent to the period of Downtime that is below our 99.9% service level, rounded up to the nearest hour.
Credit = ((Month – Permitted Downtime) x (99.9% – % Availability)).
Example: If you experience 99.536% Availability, you can claim 157 minutes rounded up to 3 hours of Credit.
((43,200 - 60) x (99.9% - 99.536%)) = 157.0296 minutes
If you believe that you are entitled to Credit, you may submit a credit request by contacting our support team at https://support.datasift.com/home. You will need to do this within 48 hours of the end of the month in respect of which you believe that you are due the Credit. Credit must be used within three (3) months from when it is granted or it will expire. At no time shall Credit be redeemed for actual money.
You will not be entitled to Credit under this SLA if you are in breach of our Agreement, if your account had been suspended or closed, or if you have reached your applicable limits.
This SLA does not cover the performance of your network or the Internet as it is measured at the points at which our Service connects to the Internet. In particular, this SLA does not cover Downtime arising from acts that are beyond our reasonable control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil wars, acts of terror, strikes or computer, telecommunications, Internet service provider or hosting facility unrest, failures or delays involving hardware, software or power systems and/or denial of service attacks) or Downtime caused due to our Data Sources or our platform partners.
Please note that Downtime is measured from the time you submit a support ticket until the issue is resolved. We will try to place a warning on our site 48 hours in advance of site maintenance or other Permitted Downtime. The Credit offered pursuant to this SLA is the exclusive remedy for our Service failing to achieve 99.9% Availability.
WHAT ARE COOKIES?
A cookie is a small text file that is downloaded to your computer when visiting a website. It allows that website to recognize your computer when you return, enabling it to display personalized settings and other user preferences. Cookies also help websites improve the relevance of the advertising you see online.
Other Tracking Technologies
Other tracking technologies (including but not limited to, “web beacons” and “transparent GIF files”) are technical mechanisms that may enable us to gather information on your responses to advertisements, e-mails, and other online marketing materials.
The cookies and other tracking technologies we may use are functional and analytical in nature.
The functional cookies enable us to provide enhanced features such as:
- maintaining your preferences for usage of the Site
- allowing the Site to be viewed properly on your computer
- determining your ability to receive HTML-based e-mail messages
The analytics cookies enable us to:
- analyze your use of the Service and the Site
We may sometimes combine information you previously provided (such as your name or email address) with information collected by cookies and other tracking technologies in order to conduct these or other activities.
Managing Your Cookies
Please be aware that restricting or rejecting cookies or not consenting to their use may impact the functionality of the Site by slowing its performance or preventing some features from working.
If you wish to restrict, block, delete, or receive notification when cookies are set on your device, you can do this through your browser settings. Alternatively, you may wish to visit www.aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of desktop browsers.
|Third Party Cookie Provider||Purpose|
|These cookies are used to collect information about how visitors use our Site. We use the information to compile reports and to help us improve Site performance. The cookies collect information in an anonymous form including the number of visitors, where visitors have come to the site from, and the pages they visited afterwards.|
|Marketo||These cookies are used to analyze traffic flow around our Site as well as to help us understand registered users' individual needs.|
|These cookies are used to correlate visits to our Site from our Twitter advertising activities.|
© 2014 Mediasift Ltd.