Last updated: April 10th, 2022.
- "DWH", "DWH.dev", "Holistic Data Corp.", "We", and "Us" refer to Holistic Data Corp., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- The "Service" refers to the applications, software, products, and services provided by Holistic Data Corp
- An "Account" represents your legal relationship with us. A"User Account" represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on DWH. "Groups" represent teams of users. A User Account can be a member of any number of Groups.
- "Content" refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service."Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
- "The User", "You", and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for other Accounts that will be provided in the next version of the software.
- The "Website" refers to DWH’s website located athttps://dwh.dev, and all content, services, and products provided by DWH at or through the Website. It also refers to sub-domains of DWH.dev, such ashttps://app.dwh.dev, orhttps://demo.dwh.dev.
- Occasionally, websites owned by DWH may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name and organization, are optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes. Additional information may be required for the new version of the Website.
There are several requirements for DWH User Accounts:
- You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. We do not permit machine accounts.
- One person or legal entity may maintain no more than one free Account.
- You must be 13 or older. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people unless they are part of a single Organization and using the services as the Organization. We reserve the right to limit the use of the DWH Service to a set number of accounts.
- You may not use DWH in violation of export control or sanctions laws of any applicable jurisdiction.
User Account Security
You are responsible for keeping your Account secure while you use our Service.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have access to your Account).
- You are responsible for maintaining the security of your Account and password. DWH cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify DWH if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
In some situations, third parties' terms may apply to your use of DWH Service. For example, you may be a member of an organization with its own terms or license agreements; or you may use an application that integrates with DWH. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- gratuitously depicts or glorifies violence, including violent images;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights .
While using DWH, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including Holistic Data Corp. employees, officers, and agents, or other DWH Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with DWH's servers in ways that could harm our Website or Service, to place undue burden on DWH's servers through automated means, or to access DWH's Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with DWH and/or Holistic Data Corp., or by fraudulently misrepresenting your identity or site's purpose; or
- violate the privacy of any third party, such as by posting another person's personal information without consent.
Service Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without DWH's express written permission .
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through DWH's API. You may scrape the website for the following reasons:
- Researchers may scrape public, non-personal information from DWH for research purposes, only if any publications resulting from that research are open access.
- Archivists may scrape DWH for public data for archival purposes.
Misuse of DWH Users' Personal Information is prohibited.
Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other DWH users, we reserve the right to suspend your Account or limit your ability to take up unreasonable proportions of DWH UI bandwidth until you reduce your bandwidth consumption.
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
DWH May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or DWH terms or policies.
Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. If you're uploading any Content you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you share, that you will only submit Content that you have the right to upload, and that you will fully comply with any third-party licenses relating to Content you manage.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other DWH Users — certain legal permissions, listed below. These license grants apply to Your Content. If you upload Content that already comes with a license granting DWH the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of these granted rights. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have cloned or forked it.
License Grant to Us
This license does not grant DWH the right to sell Your Content. It also does not grant DWH the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content.
License Grant to Other Users
Any User-Generated Content you post publicly, including issues and comments, may be viewed by others. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other DWH Users.
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted above, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant DWH the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
Control of Private Content
Some Accounts may have private content, which allow the User to control access to Content.
Confidentiality of Private Content
DWH considers private content to be confidential to you. DWH will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
If we have reason to believe the contents of a private library are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose your private content.
If you believe that content on our website violates your copyright, please contact us by emailing [email protected]. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. We will terminate the Accounts of repeat infringers of this policy.
Intellectual Property Notice
DWH and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law.
If you would like to use DWH's logos, you must ask for written permission.
No Abuse or Overuse of the API
Abuse or excessively frequent requests to DWH and/or DWH team via the API or via email may result in the temporary or permanent suspension of your Account's access to the API. DWH, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed DWH's rate limitations.
You may not use the API to download data or Content from DWH for spamming purposes, including for the purposes of selling DWH users' personal information, such as to recruiters, headhunters, and job boards.
DWH may offer subscription-based access to our API for those Users who require high- throughput access or access that would result in resale of DWH's Service.
Our pricing and payment terms will be defined for the next version of the DWH Service. The use of the current, DWH beta version is free of charge subject to these terms. You may contact us at [email protected] for more complex service offerings that may be available as a consulting service based on interest and availability of both parties.
Cancellation and Termination
It is your responsibility to properly cancel your Account with DWH. You can cancel your Account at any time by contacting us by email ([email protected]).
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is canceled.
We will not delete Content that you have contributed to Organizations or that other Users have cloned.
DWH May Terminate
DWH has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. DWH reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Communications with DWH
Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Legal Notice to DWH Must Be in Writing
Communications made through email or Holistic Data Corp. / DWH Support's messaging system will not constitute legal notice to DWH or any of its officers, employees, agents or representatives in any situation where notice to DWH is required by contract or any law or regulation. Legal notice to DWH must be in writing and sent to[email protected].
No Phone Support
DWH offers support via email. We do not offer telephone support.
Disclaimer of Warranties
DWH provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
DWH does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service;
- or any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Release and Indemnification
If you have a dispute with one or more Users, you agree to release DWH from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that DWH (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases DWH of all liability); and (3) provides to you all reasonable assistance, at your expense.
Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your DWH account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
Except to the extent applicable law provides otherwise, this Agreement between you and DWH and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of North Carolina, without regard to conflict of law provisions.
Section Headings and Summaries
Throughout this Agreement, each section includes titles and/or brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of DWH to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Amendments; Complete Agreement
For any questions about the Terms of Service, please email us at [email protected].