Privacy Policy

INTRODUCTION

Thank you for choosing to be part of our community at everythingData, Inc. (“company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at support@everythingdata.net

When you visit our website (everythingData.net) (“Site”) and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our site and our services.

By entering into a contract with everythingData and/or by pressing “Accept” or similar affirmative button, you have agreed to everythingData Privacy Policy.

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?

In Short: We collect personal information that you provide to us such as your name, postal addresses, email addresses, social media website user account names, telephone numbers, or other addresses at which you receive communications from or on behalf of everythingData.

If you use a social media platform or your mobile device (or other method of communication) to interact with everythingData, the communication method or application may have a specific privacy policy that governs the use of Personal Information. We do not ensure that 3rd party providers honor their specific privacy policies.

Types of Data collected

The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we COLLECT can include the following:

“Non-Personal Information” is information that, alone, cannot be used to identify or contact you. Such Non-Personal Information may include, for example, gender, birthdate, or zip code. You may be asked to submit Non-Personal Information with Personal information, or separately. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and login processes (with your consent). If you choose to link your account with us to a third-party account (such as Google Analytics or Facebook), we use the information you allowed us to collect from those third-parties to facilitate account creation and login process.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We only share and disclose your information in the following situations:

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is available at allaboutcookies.org.

5. HOW DO WE HANDLE THIRD PARTY LOGINS AND DATA TRANSFER API’S?

In Short: If you choose to use our Platform you will be required to login to your data and advertising accounts.

Our Platforms offers you the ability to register and login using your third-party social media account and advertising accounts (like your Google Analytics and Facebook logins). Where you choose to do this, we will receive certain profile information about you from your Data provider. The profile Information we receive may vary depending on the media provider concerned, but may include your name, e-mail address other information that may incidentally or purposely identify you as the account user.

We will use the information to gather statistical and other information necessary to utilize all of the features of our Platform. We obtain this information through the use of API’s, data transfer connections between our Platform and your third-party data providers. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party data provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located within the United States. If you are accessing our sites from outside the United States, please be aware that your information may be transferred, stored and processed by us in our facilities and by those third-parties with whom we may share your personal information (see “Disclosure of Your information”) in the United States and other countries.

If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

Privacy Shield Framework. everythingData complies with the EU-U.S. Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union and the United Kingdom and/or Switzerland to the United States, respectively. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit: https://www.privacyshield.gov/. and to view our EU-U.S. and Swiss-U.S. Privacy Shield Certification – click here.

everythingData is responsible for the processing of Personal Information it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Swiss, including the onward transfer liability provisions.

U.S. Federal Trade Commission. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

General Data Protection Regulation. everythingData complies with the General Data Protection Regulation (GDPR). EU and Swiss individuals have the right to access, correct, transfer, erase, restrict collection, retention, and transfer of their personal data. everythingData retains personal data for as long as it is necessary and relevant to the purpose of processing.

Requesting and/or limiting use of data. In addition to the rights provided in this Privacy Policy, please note the following: Because everythingData personnel have limited ability to access data that our customers submit to our Services, if you wish to request access, to limit use, or to limit disclosure, please provide the name of the everythingData customer who submitted your data to our Services. We will refer your request to that customer, and will support them as needed in responding to your request.

7. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

8. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than [90 days/6 months/1 year/2 years/the period of time in which you have an account with us/90 days past the termination of your account/6 months past the termination of your account/1 year past the termination of your account/2 years past the termination of your account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

9. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

10. DO WE COLLECT INFORMATION FROM MINORS?

In Short: If you are under 18, or the age of majority in the jurisdiction in which you reside, you may only use the Services with the consent of your parent or legal guardian.

The Services are not intended for or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us at support@everythingdata.net, so that we may delete the information.

11. WHAT ARE YOUR PRIVACY RIGHTS?

Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? CCRP

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the [Sites/ Mobile Application/ Facebook Application], you have the right to request removal of unwanted data that you publicly post on the [Sites/ Mobile Application/ Facebook Application]. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.

We will make sure the data is not publicly displayed on the [Sites/ Mobile Application/ Facebook Application], but please be aware that the data may not be completely or comprehensively removed from our systems.

13. DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

everythingData reserves the right to modify this Privacy Policy at any time, and we encourage you to review it frequently. Modifications will be posted to the Privacy Policy on the everythingData website. If we make any material changes, we will notify you by means of notice on the website when a change is made. Your continued use of the Services signifies your acceptance of our Privacy Policy as modified.

14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, contact us via email at support@everythingdata.net

Please allow at least 30 days for a response.

If you are a resident in the European Economic Area, the “data controller” of your personal information is everythingData has appointed Oury Clark Solicitors to be its representative in the EEA. If you have any further questions or comments about us or our policies, email us at support@everythingdata.net

Terms of Use

Welcome to everythingdata.net website. Please read the following terms and conditions carefully. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. Your use of the services provided by us is subject to your acceptance of and compliance with the terms and conditions set forth in this agreement ("Terms of Use") and to the rules, guidelines, policies, terms, and conditions that are incorporated into this Agreement by way of reference (hereinafter collectively referred as "Terms"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. www.everythingdata.net and the associated subdomian app.everythingdata.net (hereinafter referred to as "Website") is an Internet Software Service owned and operated by everythingData Online Services (hereinafter referred to as "everythingData" or "we"), For the purpose of these Terms, references to "we", "us", "our" and "everythingData" shall mean everythingData Online Services and "you" or "user" or "Customer" shall mean any person or a legal entity accessing or using the Website including without limitation its touch and mobile versions or using any other services offered through everythingdata.net. We reserve the right to change the Website and Terms at any time at our sole discretion. Any changes will be effective upon posting of the revisions on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

1. Membership Eligibility

Use of the Website and services offered by us is limited to parties that lawfully can enter into and form contracts and use our services under the applicable laws of India. For example, if you are a minor i.e. under the age of 18 years, you shall not use the Website or use our services. everythingData reserves the right to refuse to offer its services including without limitation the access to the Website to anyone, without assigning any reason thereof.

2. Description of Service

For the scope of this agreement, the term 'Service' shall constitute the following The website and the software made available through the domain everythingdata.net Support offered by us primarily through support@everythingdata.net, in accordance with everythingData's standard practice and policies.

3. Restrictions, Responsibilities & Grant of Rights

You agree and undertake that you shall not host, post, upload, display, modify, publish, transmit, update or share any information content/material on the Website that- a. belongs to another person and to which you do not have any right to b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; c. harm minors in any way d. infringes any patent, trademark, copyright or other proprietary rights; g. impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource i. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation j. disguise the origin of any Content ; Additionally, the User agrees not to: a. Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Sites, including such party's ability to engage in real time activities through the Sites; b. Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the Material on the Sites; c. Use any manual process to monitor or copy any of the Material on the Sites or for any other unauthorized purpose without prior written consent from everythingData; d. Use any device, software or routine that interferes with the proper working of any of the Sites; Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; e. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of any of the Sites, the servers on which the Sites are stored, or any server, computer or database connected to the Sites; Attack any of the Sites via a denial-of-service attack or a distributed denial-of-service attack; and/or Otherwise attempt to interfere with the proper working of any of the Sites. f. Engage in any activities that adversely affect another user’s ability to use the Service. g. Sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party You understand and acknowledge that the Service and its Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content relating to various products and services offered on the Website or otherwise presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by everythingData in writing, you agree not to modify, rent, lease, loan, sell, distribute, transmit, or create derivative works of any Content made available through the Service. You agree not to access the Service by any means other than through the interface that is provided by everythingData for use in accessing the Service. You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, everythingData hereby grants Customer a non-exclusive, non-transferable, non-sub licensable license to use such Software during the Term only in connection with the Service. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Under no circumstances will everythingData be liable in any way for any Content transmitted or otherwise made available through the Service. You represent and warrant that you have all rights necessary to upload the Content that you upload to the Website or make available through the Service. You hereby agree to use the Service in compliance to the rules, regulations and laws enacted by the concerned authorities/ Government Bodies from time to time, that are applicable to everythingData or to the user. Notwithstanding anything to the contrary, you hereby agrees to grant everythingData the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and everythingData will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. The customer agrees to let everythingData use their organization's logo in everythingData's customer list and at other places on its website and any marketing material. To access the Website and to use our services, you may be required to register with us by creating an account. While creating the account you may be asked to provide a name, password and valid e-mail id. You may also be required to provide other information like address and contact number necessary or helpful for the fulfillment of the services availed by you. You agree that any information that you provide us shall be current, up-to-date and true and otherwise not misleading or deceptive. everythingData may (but not obliged to) allow its users for limited access to the Website and other services without creating an account. It is the sole responsibility of the User to maintain the confidentiality and security of users account and any other relevant information that may be used to access the User account including but not limited to Users username, password or e-mail address. The User shall be fully responsible for any activity that is carried out under Users account. User shall not share his account with anyone and shall not create more than one account in the Website. You agree that everythingData uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You agree that you will not hold everythingData responsible or liable with respect to the third-party services. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. everythingData will not be liable for any unauthorized access or use, any corruption, deletion, destruction or loss of any Customer Data or Your Content. You agree to comply with everythingData's security and operating procedures, as may be revised or amended by everythingData from time to time, when Customer’s employees or agents are interfacing with everythingData's installed systems. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. You understand and acknowledge that everythingData may in its sole discretion pre-screen, refuse, or move any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created, presented, or transmitted by everythingData. You acknowledge, consent and agree that everythingData may disclose any information you provide if everythingData believes in good faith that disclosure of such information is necessary to (a) comply with legal requirements; (b) enforce the Terms; (c) respond to claims against everythingData; (d) to protect the rights, property, or personal safety of everythingData, the users of the Service, or the public at large.

4. Free Trial, Fees And Payments

If you register for a free trial of the Service, we will make the Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. During the free trial period, we may suspend, limit, or terminate the Service for any reason at any time without notice. Unless you subscribe to the Service before the end of the free trial, all of your data on the Service may be permanently deleted at the end of the trial. The Services are available under subscription plans of various features, which are displayed on the Website. everythingData will bill Customer on a annual/monthly/quarterly/half yearly or any other mutually agreed period basis, an amount as per the plan selected by the Customer at the beginning of each period. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. If you do not wish to renew the subscription, you must inform us at least fourteen (14) days prior to the renewal date, either by writing to us at suppport@everythingdata.net or by using the interface provided in the Website. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized everythingData to charge the subscription fee to the Credit Card last used by you. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. everythingData shall have the right to revise these fees at any time upon thirty (30) days written notice to Customer. In the event that Customer does not agree with such fee revision, Customer shall have the right to terminate this subscription by notifying us, provided that such notice of termination must be received before fourteen (14) days of next payment date. everythingData shall only provide an electronic invoice to the customer. everythingData will not issue any refunds in the various events, including, but not limited to, upgrade or downgrade of plans or termination of the service. Customer shall at all times provide and keep current and up‐to‐date Customer’s contact, credit card and other billing information in the administrative panel. everythingData reserves the right to terminate the service in the event of rejection of card or other billing information by the third party payment processor. Customer acknowledges that the all applicable taxes, duties or government levies whatsoever are not included in the fees and expenses charged under this Agreement. Customer will make timely payment of all such taxes, duties or government levies related to this Agreement.

5. Acceptance to everythingData Privacy Policy

By using the Service, you consent to the collection and use of the information you disclose, by everythingData in accordance with everythingData Privacy Policy described athttp://www.everythingdata.net/privacy.html

6. Communication

You shall agree to receive communication from us through electronic e-mail on your registered e-mail address. You further agree to receive calls and sms from us on the phone number registered with everythingData.

7. Availability of Third Party Services

everythingData does not guarantee that the connectors available for third party data sources will be available uninterrupted. The availability of a particular data source is purely a prerogative of the respective service provider and the service provider may decide to terminate associating with everythingData at any time. Availability of a particular data source from a third party service provider, at any point in time does not guarantee, its continued availability through out. everythingData does not offer any refunds in the likely event of unavailability of connectors to any third party data source.

8. Term And Termination

Customer may terminate using the service by sending a cancellation request to support@everythingdata.net, at least fourteen (14) days prior to the effective date of cancellation. It is agreed that in case of termination, the fees owed to everythingData as per this agreement will not be cancelled or waived. Customer’s data and account settings shall be irrevocably deleted within 30 days from the date of termination. It shall be Customer’s exclusive responsibility to secure all necessary data from Customer’s account prior to termination. everythingData may also terminate this service upon fourteen (14) day’s notice to the Customer. However in the event of non-payment of fees or breach of this agreement, everythingData may terminate the account effective immediate without any notice. everythingData reserves the right to modify or discontinue, temporarily or permanently, the Service, or any part thereof. Any termination shall not affect any liabilities incurred by the User prior to the termination of the Agreement or for acts performed during the pendency of the Agreement.

9. Transfer of Agreement

everythingData reserves the right to transfer any rights or obligations arising out of this Agreement to a third party in the event of a merger or sale of everythingData or its business or any part thereof.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. everythingData AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. everythingData AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS AND (ii) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM everythingData OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS, OR CREATE ANY LIABILITY OF ANY KIND FOR everythingData'S, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT everythingData AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF everythingData HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USE OF THE SERVICE OR CONTENT PROVIDED THEREIN.

12. Indemnity

You agree to indemnify and hold everythingData and its directors, officers, agents, employees, and partners harmless from any claim or demand, including without limitation legal fees made by any third party due to or arising out of Content you submit, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

13. Waiver

Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy.

14. Severability

If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.