Service Terms of Use

Thank you for using the www.capydata.io website, the capydata mobile application, and all course materials made available through them (collectively, the “Service”) operated by capydata, Inc. (“capydata”, “we”, “us”, or “our”). Use of and access to the Service is subject to your compliance with these terms of use (the “Terms”), so please read these Terms carefully. capydata reserves the right to limit or terminate your access to the Service if you do not comply with these Terms.

By accessing and using the Service, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, YOU DO NOT HAVE PERMISSION TO USE THE SERVICE IN ANY MANNER. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.

The Services are not intended for use by anyone under the age of 13.

Changes in Terms of Use

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Service and by changing the effective date above. Continued use of the Service constitutes your acceptance of any modified Terms.

Account; Communications

To sign up for an account to use the Service, you must provide us with your name and email address. It is your responsibility for ensuring that your account information is accurate and up-to-date. You may not share an account with any other person. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

By creating an account on our Service, you agree that we may send you transactional emails, newsletters, marketing or promotional materials and other information. You may opt out of receiving promotional and marketing communications by following the unsubscribe link or instructions provided in any email we send. You may not opt-out of receiving transactional emails about your purchases or important emails about your use of the Service.

If you decide to submit any Author Content, defined below, you agree and acknowledge that your name, profile picture and contact information will be associated with such Author Content and made publicly available on the Service. You understand that users of the Service may reach out to you directly and that we are not responsible for any communications between you and such users.

capydata Content

Subject to your payment of any applicable fees, capydata grants you a non-transferable, royalty-free license, without the right to sublicense, to access and use any capydata content (“Content”) you purchase through the Services. The Content is owned by capydata or our authors. Unless the Content has a separate license that grants you other rights, you may only use the Content for your own personal, noncommercial purposes, and you may not (a) reproduce, modify, translate or create any derivative work of the Content; (b) sell, share, rent, lease, loan, provide, distribute or otherwise transfer the Content; (c) circumvent any security measures or attempt to gain access to Content that you have not paid for; or (d) permit or encourage any third party to do any of the foregoing. If we allow you to download any Content, you may only download a single copy for your personal, noncommercial purposes, and you may not share it with third parties.

The Content may be provided by third parties. While capydata strives to offer only content of the highest caliber, capydata does not guarantee that the Content is accurate or complete. Your use of or reliance on any Content is at your own risk. If you have any questions about the Content, you are encouraged to contact the author directly.

If Content is accompanied by a separate license, the terms of such license shall control over the terms of this section. You are responsible for complying with any license terms that accompany such Content.

Subscription

If you purchase a subscription to receive Content (“Subscription”) such Subscription will be billed automatically in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, quarterly, annual, or biennial basis, depending on the type of subscription plan you select when purchasing a Subscription.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. By submitting such payment information, you automatically authorize capydata to charge all Subscription fees incurred through your account to any such payment instruments.

At the end of each Billing Cycle, your Subscription will be automatically charged the applicable Subscription fees on a monthly, quarterly, annual, or biennial basis and the subscription will continue until you cancel, or we cancel it. You must cancel 24 hours before the monthly, quarterly, annual, or biennial subscription renewals to avoid future charges. You may cancel your Subscription renewal either through your online account management page or by contacting capydata’s customer support team.

Fees

The fees for Subscriptions are as set forth in the Service. capydata may modify the fees at any time. If you have purchased a Subscription, any Subscription fee change will become effective at the end of the then-current Billing Cycle.

capydata will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Payments

In order to purchase a Subscription, you must provide capydata’s third party payment processor with certain information including, without limitation, your name, your credit card number, the expiration date of your credit card, and your billing address. Our payment processor is only permitted to use such data to process your purchase.

By making a purchase with a credit card or other authorized method of payment, you represent and warrant that: (i) you have the legal right to use such credit card(s) or other payment method(s); and (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

In the event of payment failure using the primary payment method, capydata reserves the right to charge the provided secondary payment method. Should automatic billing fail to occur for any reason, capydata will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

capydata may offer a free trial Subscription for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by capydata until the Free Trial has expired. On the last day of the Free Trial period, you will be automatically charged the applicable Subscription fees on a monthly, annual or biennial basis and the subscription will continue until you cancel. You must cancel 24 hours before the monthly, annual, or biennial subscription renews to avoid future charges.

At any time and without notice, capydata, Inc reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Refunds

If you purchase an unlimited access Subscription and cancel within a reasonable time after your initial purchase, you may apply for a refund (which we may grant or deny in our sole discretion). We reserve the right to reject refund requests for any reason, including if we suspect abuse of the refund system or intentionally fraudulent behavior.

Upon cancellation of a Subscription, all rights you have in any Content you acquired prior to cancellation are immediately revoked and you must delete all copies of any Content you have downloaded or cached.

User Conduct and Responsibilities

Your use of the Service is subject to all applicable local, state, national and international laws and regulations. We may make sections of the Service available for user comments or message boards. You are responsible for the content that you post on or through the Service, including its legality, reliability, and appropriateness. Without limitation, you agree to not use the Service to make available and transmit any content that, or content that promotes a product or Service that:

• is illegal under or otherwise violates any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense (including, without limitation, the CAN-SPAM Act);
• violates the rights of any party (including without limitation rights of privacy and publicity);
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• displays material that exploits children, or otherwise exploits children under 18 years of age;
• is false or misleading;
• infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
• is unsolicited or unauthorized, including advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• includes private information of a third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• introduces viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
• in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose capydata or its users to any harm or liability of any type.

Enterprise Users

If you are using the Service through an enterprise account maintained by your organization (such as your employer, school, etc.), your usage rights are subject to the enterprise agreement between your organization and capydata. Your organization will be able to control the courses you are able to access and will be able to see certain information about your use of the Service (such as your progress and usage activity). You may not have certain rights that are available to non-enterprise users that are described in this Agreement. If you have any questions about your rights to use the Service, please contact the appropriate account administrator for your organization.

Author Content

The following section only applies if you contribute content through the Service. If you do not contribute content, the following section does not apply to you.

You own and are solely responsible for any content that you create and transmit, distribute, publish or display (hereinafter “post”) on or through the Service (collectively “Author Content”). Although capydata has no obligation to monitor Author Content, capydata may do so and may block or remove any such Author Content or prohibit any use of the Service that capydata believes may be (or is alleged to be) in violation of these Terms or for any reason in capydata’s sole discretion. Any payment terms related to your provision of Author Content will be subject to an addendum to these terms between you and capydata.

You represent and warrant that any Author Content you provide is free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, copyright, patent, or trademark infringement, and/or misappropriation of trade secret or any other right of a person or party. You also represent and warrant that all necessary licenses and consents have been obtained for the use of any Author Content you post on the Service.

After posting Author Content to the Service, you continue to retain any such rights that you may have in such Author Content (unless you have a separate agreement with capydata related to the authoring of content). By posting Author Content through the Service, you automatically grant, and you represent and warrant that you have the right to grant, to capydata a worldwide, perpetual, sub-licensable license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute such Author Content (including your name and contact information and, if you provide tutorial video, your voice and likeness) as part of the Service. Any derivative works created by capydata to enhance your Author Content (e.g. quizzes, interactive elements, coding exercises) will be subject to your continuing ownership of the underlying Author Content. You understand that all users of the Service may use your Author Content in connection with their use of the Service. You understand that users of your Author Content may contact you directly – it is your choice as to whether to engage with such users or not and capydata is not responsible for your communications with such users. You may delete your Author Content from the Service (which will remove any derivative works using your Author Content) by notifying us in writing. We will remove your Author Content within 180 days after receipt of notice from you; provided, however, that users who have already purchased your Author Content may continue to use the Author Content in perpetuity.

Suspension, Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links to Other Websites

The Service or Content may contain (or you may access through the Service or Content) links to other websites controlled by third parties (“Third-Party Content”). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by capydata, and capydata is not responsible for any Third-Party Content accessed through the Service or content provided by third parties.

Affiliate Program

capydata has an affiliate program that enables third parties to earn fees for referring users to the Service from their websites.

Feedback

If you submit any questions, comments, suggestions, ideas, feedback or other information about the Service (except Author Content) to capydata (“Feedback”), you grant us the unrestricted use and dissemination of these Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. We will not disclose any personal information associated with such Feedback except in accordance with our Privacy Policy.

Licenses from capydata; Ownership of capydata Content

Except Author Content, all content on the Service is the proprietary property of capydata or its authors with all rights reserved. capydata grants you a limited, revocable license to use the Service and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to capydata’s intellectual property rights, whether by estoppel, implication or otherwise.

The Service is protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to take screenshots of any content on the Service or reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

All trademarks and registered trademarks are protected by U.S. and international trademark laws.

Modifications to Service

capydata reserves the right to modify or terminate any or all portions of the Service with or without cause at any time and effective immediately. capydata shall not be liable to you or any third party for termination. Should you object to any modifications to the Service or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. capydata may broadcast notices or messages through the Service or through the email address you supplied when you registered for the Service to inform you of changes to these Terms, the Service, or other matters of importance. Such broadcasts shall constitute notice to you.

Disclaimers

The Service may be temporarily unavailable from time to time for maintenance or other reasons. capydata assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content.

Under no circumstances will capydata be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of the Service, any Content or Third-Party Sites linked to or posted on or through the Service, or any interactions between users of the Service, whether online or offline.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

Contact Us

If you have any questions about these Terms, please contact us at support@capydata.io