Terms and Conditions

Welcome to the terms of service for the Datalytica data platform that combines location-based data and client data, both PII-based and raw data, to visualize the data for the purpose of answering business challenges or developing insights. This platform is owned and operated by Chameleon Digital Media (CDM). By accessing or using this platform, you agree to be bound by these terms of service. If you do not agree to these terms, please do not access or use this platform.

Data Usage and Ownership

By using this platform, you acknowledge and agree that you are responsible for the data you upload and that you have the legal right to upload the data. You agree to grant CDM a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such data in all formats and distribution channels now known or hereafter devised (including in connection with the platform and company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

Confidentiality and Security

We take the confidentiality and security of your data seriously. We will use commercially reasonable efforts to maintain the confidentiality and security of your data, and we will not disclose your data to any third-party without your consent, except as required by law. We also use reasonable security measures to protect your data against unauthorized access or disclosure.

User Conduct

You agree to use this platform in accordance with applicable laws, regulations, and these terms of service. You also agree not to:

  • Upload, post, or transmit any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • Use this platform for any fraudulent or illegal purpose.
  • Attempt to interfere with or disrupt the platform's operations or security.
  • Use any robot, spider, scraper, or other automated means to access the platform for any purpose without our express written permission.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Transmit any viruses, malware, or other harmful code to or through the platform.

Intellectual Property

All content and materials on this platform, including but not limited to software, text, graphics, logos, images, audio and video clips, and the arrangement of such content, are the property of CDM or its licensors and are protected by Canadian and international copyright laws.

Limitation of Liability

In no event shall CDM or its affiliates, directors, officers, employees, or agents be liable to you or any third-party for any indirect, incidental, special, punitive, or consequential damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to your access or use of this platform or any content or materials provided through this platform.

Indemnification

You agree to indemnify, defend, and hold harmless CDM and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access or use of this platform or any data or materials provided through this platform.

Governing Law and Dispute Resolution

These terms of service shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these terms of service or your use of this platform shall be resolved exclusively through arbitration in accordance with the Arbitration.