1.2. The term "User" means the person who makes the purchase of the Services indicated in this Agreement and/or in the order form. The term "User", therefore, indicates specifically the natural or legal person who has access to the Site (as defined below), also through the procedure of registration and creation of an account as required by the following clause 3.
1.3. The term "Supplier" indicates DATO SRL, as identified above, who offers the Service defined below through the website www.datocms.com.
1.4. The term "Remote communication techniques" means any means that, without the physical and simultaneous presence of the Supplier and the User, can be used for the conclusion of the contract between the said parties.
1.5 The term "Service" or “Services” indicate the available and chosen version of DatoCMS excluding the Enterprise version, which is regulated by a separate agreement. DatoCMS is a workplace tool designed to be used by everybody who is older than 18 years of age for any legitimate purpose from educational (as a learning tool or sandbox, for example) to commercial (such as for e-commerce platforms) and so on.
1.6. The term "Site" refers to the web page www.datocms.com.
1.7 The term PROJECT means any new website or application a User will create using DatoCMS. In every PROJECT, the User will have the role of ADMIN, which is the lead user with the broadest powers on the project. The ADMIN, can also invite other people to collaborate to a certain project and they will take the role of USER for that specific project. USERS invited/authorized by ADMINS on a PROJECT will have to create their own account on DATO and will have limited powers on the project, according to their specific role. ADMINS are also the only ones who can invite other users to collaborate to a given PROJECT and the only one who can delete a PROJECT. For the description of their role and powers and possibilities, please consult the Documentation to use DatoCMS.
With this agreement, respectively, the Supplier sells and the User purchases remotely through telematic tools the services indicated and offered for sale on the site www.datocms.com and specified in the order form.
2.2. To create an account by registering on the Site, the User must fill in a form with the mandatory and possibly optional data, namely: name, surname, e-mail address and password; ended this phase, the user must click on the "Register" button. At the end of this process, the User will be registered. Such credentials will be necessary for access to the purchase of services offered on the Site.
2.4. The creation of an account allows the User who intends to proceed with the purchase of the service through the Supplier's website, to carry out directly through this site, among other things, the following activities: a) saving and modifying personal data; b) access to all information relating to orders; c) management of personal data and updating of such data at any time;
2.6. The User guarantees that the information provided during the registration process is complete, correct and true. The User accepts to hold the Supplier harmless from any damage, indemnity and / or sanction deriving from or in any way connected to the violation by the User of the rules on registration on the Site or on the preservation of the Registration Credentials. By creating an account the User declares to be older than 18 years of age. The User is therefore exclusively responsible for accessing the Site through his Registration Credentials. The User is directly responsible for any damage or harm or losses direct or indirect caused to the Supplier or to third parties from improper use, loss, misappropriation by others or from the failure to protect adequate secrecy of their registration credentials. All transactions made through the Registration Credentials are considered to be made by the User to whom they refer.
2.7. By registering on the site, the User agrees to receive communications from the Supplier, aimed at the execution of this contract. The User may request at any time not to receive further communications via e-mail while maintaining the ability to access and use the Site by unsubscribing either from the email management system as indicated in the email footer, or by writing to the customer service.
2.8. The Supplier reserves the right to refuse, at its sole discretion, the registration of a User on the Site.
2.9 The Supplier reserves the right to refuse orders which are abnormal in relation to the quantity of services purchased or the frequency of purchases made on the Site, as well as in relation to improper use.
2.10. The User may cancel his account at any time by accessing the account and follow the instruction to delete the account, or by writing to the customer service.
2.12. DatoCMS is available in a free version and a paid version. While the free version is free to use, the process for the purchase of the payment of the paid version is described below. In compliance with Legislative Decree 9 April 2003, n. 70 concerning electronic commerce, the Supplier informs the User that: a) to conclude the purchase of one or more services through the Site, the User must complete an order in electronic format and transmit it to the Supplier via email or website form b) the Supplier sends the User an e-mail confirming and summarizing the order as indicated in clause 5.7; c) before proceeding with the transmission of the order, the User will be able to identify and correct any data entry errors by following the instructions on the Site or to modify the order; d) after the transmission of the order via email, the User may modify it before the Supplier has enabled the services, and in any case no longer than 7 working days after the Service has been enabled.
2.13. The language available to the User for the conclusion of the contract is English. Customer Service is able to communicate in English and Italian.
After having created an account, customers may access their DatoCMS account data via a dashboard or an API (Application Program Interface). Any use of the API, including use of the API which run/operate through a third-party product that accesses DatoCMS, is bound by these Terms of Service plus the following specific terms:
Every Account belongs to the individual who has created it, and every activity performed while a person is logged-in is, by default, attributable to that person. Every account is meant for individual use and cannot be shared among different people. An email address can be used only one time to create an account. Account credentials cannot be shared with other individuals and username and password must be kept safe and secret. If you need to create projects collectively involving other people, please use the collaborative functions available in the Dashboard (such functions may vary according to the plan you have subscribed to). The Customer is responsible for maintaining the confidentiality of their Account password and for the security of their Account. By creating an account in DatoCMS, you are obliged to notify DATO SRL immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password by writing to firstname.lastname@example.org. You will also immediately report to DATO SRL any security flaws you discover while using DatoCMS. DATO SRL reserves the right, in its sole discretion, to determine what constitutes a security flaw. Failure to report such flaws or unauthorized accesses, particularly prior to public disclosure, shall be considered a material breach of this Agreement. In compliance with any applicable laws and to these terms, you may not do any of the following while accessing or using DatoCMS:
5.1. The offer and sale of services through the Site are governed by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
5.2. For the purposes of concluding the contract, the User must correctly complete the order form by submitting the request via web form as indicated above. Subsequently he will receive a confirmation email that contains the order details, with the service information sheet, the price of the service(s) purchased, any additional accessory charges and additional costs, the methods and terms of payment, the place and time schedule for the provision of the service, the invitation to carefully read the provisions of this agreement.
5.4. The Supplier reserves the right to refuse or cancel orders coming from the User.
5.5. The User, will be able to access the ordered and enabled features by logging into the dashboard as an Admin for the project in DatoCMS.
5.6. The Supplier will inform the User of the impossibility to accept the orders received within 24 (twenty-four) hours starting from the working day following that in which the User has sent the order and will refund any amounts already paid for the payment of the supply.
5.7. When the Supplier receives the order from the User, it sends a confirmation e-mail and summary of the order, which also contains the data referred to in point 5.2.
5.8. The order and the present agreement is not considered completed and effective between the parties in the absence of the sending by the Supplier of the e-mail as stated above.
5.9. The User makes sure to verify the accuracy of the data contained in the order confirmation e-mail and to communicate to the Supplier within 24 (twenty-four) hours from the receipt of the same eventual corrections.
5.10. The order number, generated by the system and communicated by the Supplier in relation to the purchase made, must be used by the User in any subsequent communication with the Supplier.
6.1. Any payment by the User can only be made using one of the methods indicated on the purchase: credit card or bank transfer. Bank transfers are only accepted for yearly payments.
6.2. All communications relating to payments are made on a specific line offered by a third party chosen by the Supplier and protected by an encryption system. The Supplier makes available the list of the third party services used for the payment and for the maintenance of the services at the following address: https://www.datocms.com/legal/security/ The Supplier chooses third parties that guarantee the utmost compliance with the provisions of current legislation on the protection of personal data.
6.3. For reasons of security of transactions, the Supplier reserves the right to request the sending of the details or a copy of an identity card of the holder of the Credit Card.
6.4. Simultaneously with the sending of the confirmation e-mail and order summary, the amount corresponding to the service(s) purchased will be charged to the User. In the event that, for any reason, the due fees cannot be withdrawn, the process of sale is automatically canceled and the sale automatically canceled.
6.5. The Supplier will issue the invoice of the service(s), sending it via e-mail to the order holder within 48 (forty-eight) hours from the confirmation e-mail and order summary and by making it available on the personal page of the User. The information provided by the User will be used to issue the invoice. No variation of the data will be possible after the issuance of the receipt itself (or of the invoice if requested).
7.1. The Supplier will provide the service to the User, in the manner indicated on the website at the time the service is offered, as confirmed in the e-mail referred to in paragraph 5.7 or as otherwise agreed between the Supplier and the User.
7.2. The modality the execution times and the costs of the service(s) are clearly indicated and well highlighted by accessing the area of the Site "My orders".
7.3. The provision of the service will begin immediately after the order is approved and the payment received, not later than 7 (seven) working days after sending the order. In the event that the Supplier is not able to provide the service even within said period, the User will be promptly notified via e-mail, indicating when the Supplier expects to be able to start the service or the reasons that make the service itself definitely impossible. If the User does not intend to accept the new agreement or the service has become impossible, he can request a refund according to the methods and terms referred to in paragraph 7.2 above.
7.4. The agreement will be renewed automatically unless the User downgrades or cancels their subscriptions. If the user cancels or downgrades after the 14th day of the first billing cycle they will receive redeemable credits to spend on the next purchase. If the User cancels before the 14th day of the first billing cycle, they can chose between cash and redeemable credits. Provisions foreseen for the case of withdrawal referred to in clause 13 for refunds are applied.
8.1. Each service offered on the Site is accompanied by an information sheet that illustrates the main features (c.d. "Service presentation", FAQ, Guidelines, Videos and so on).
8.2. Any video and/or photographic images in digital format accompanying the description of the service offered are for illustrative purposes only. The image has the sole purpose of presenting the service for sale and explain its functionalities and, to this end, is representative of its characteristics.
8.3. All sales prices of the services presented and indicated on the website www.datocms.com/pricing, are expressed in euros and constitute an offer to the public pursuant to clause. 1336 of the Italian Civil Code.
8.4. The sales prices, referred to in the previous point do not include VAT and any other tax.
8.5. The prices indicated for each of the services offered to the public are valid until the date indicated in the order form and, in any case, no further than the time when the website was accessed.
8.7. If the Supplier is in the absolute necessity to modify the service performance conditions or the price after the start of the service, he must give adequate notice to the User, who can freely choose whether to continue the contract with the new conditions or withdraw, without additional costs or penalties. The choice must be communicated in writing to the Supplier within the following 7 (seven) days. In this case, the provisions set forth in clause 15 for reimbursement and refunds apply.
You are solely responsible for providing all support and technical assistance to your end users, if you have any. You acknowledge and agree that DATO SRL has no obligation to provide support or technical assistance directly to your end users and you shall not represent to any of your end users that DATO SRL is available to provide such support. DATO SRL will keep the system and server active and available without any right on your side to have personalized support, unless you have a separate agreement with us or you have purchased a billing plan that includes additional support. You can communicate with us anytime using our customer service address email@example.com. However, this Agreement does not entitle you to any support for the use of DatoCMS, unless you make separate arrangements with DATO SRL (see Enterprise Special Agreements) any such support provided by DATO SRL shall be subject to the terms of this Agreement as modified by a separate support agreement.
You understand that DATO SRL uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that the technical processing and transmission of the Service, including your Content, and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. DATO SRL reserves the right to monitor your use of the DatoCMS for any reason or no reason, including to ensure your compliance with the terms and conditions of this Agreement. The list of our third party provider can be retrieved here (https://www.datocms.com/legal/gdpr).
For purposes of this Agreement, "Content" is all Content that is posted or otherwise provided or transferred to be displayed via DatoCMS by a User. When you transfer Content to DATO SRL through DatoCMS, you give DATO SRL a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which DatoCMS features are available). The rights you grant in this license are for the limited purpose of operating the DatoCMS in accordance with their functionality, improving DatoCMS, and allowing DATO SRL to develop new Services or features. DatoCMS does not pre-screen Content, but DATO SRL and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via DatoCMS. You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all Content you submit to DatoCMS. You shall defend DatoCMS against any claim, demand, suit or proceeding made or brought against DatoCMS by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify DatoCMS for any damages finally awarded against, and for reasonable attorney's fees incurred by, DatoCMS in connection with any such claim, demand, suit or proceeding
14.1. The User who is a Consumer and who has purchased a paid version of DatoCMS, has the right to withdraw from the this contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) calendar days (c.d. "Withdrawal Period"), starting from the day of the conclusion of this contract.
14.2. To exercise the right of withdrawal, the User must inform the Supplier, before the expiry of the "Withdrawal Period" of his decision to withdraw by writing to the customer care specifying in the object ("Declaration of Withdrawal"). It is advisable to indicate the order number, the service (s) for which you intend to exercise the right of withdrawal and your address. The "Declaration of Withdrawal" must be sent to the following address firstname.lastname@example.org 14.3. With the receipt of the communication with which the User communicates the exercise of the right of withdrawal, the parties to this agreement are released from their mutual obligations.
15.1. According to clause. 59 of the Consumer Code, the Right of Withdrawal the User who is a Consumer must be informed and accepts and understands that the right of withdrawal cannot be exercised in respect of the services that have already been performed. The right of Withdrawal is also excluded for the supply of services made to the consumer's specifications or clearly personalized.
16.1. The only costs payable by the User for exercising the right of withdrawal pursuant to this point and subsequent are the direct costs of returning to the Supplier any instrumental goods supplied with the Service.
16.2. The Supplier reimburses all payments received from the User, without undue delay and in any case within 14 (fourteen) days from the day on which he is informed of the User's decision to withdraw from the contract, using the same payment method used by the User for the initial transaction, unless otherwise agreed and on condition that the User does not incur any costs as a result of the reimbursement.
DATO SRL offers special services/additional features of DatoCMS for Enterprise needs. Such special services/additional features shall be subject to the terms of the Enterprise Agreement.
DATO SRL reserves the right, in its sole discretion, to modify this Agreement at any time. We will notify you that this Agreement has changed via e-mail if commercially reasonable, and otherwise through the Account Dashboard (such as through a notification in your DatoCMS Dashboard/your login panel). Modifications are effective when posted. You are responsible for reviewing any modifications to this Agreement and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
Your free of charge access to and use of DatoCMS has no support and you can use it at your own risk. You understand and agree that DatoCMS, its features, APIs, additional services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the full extent permitted by law, save in cases of gross negligence or willful misconduct on our side, DATO SRL disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. DATO SRL makes no representations or warranties of any kind with respect to DatoCMS, including any representation or warranty that the use of DatoCMS will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. No advice or information, whether oral or written, obtained from DATO SRL will create any warranty not expressly made herein.
To the maximum extent permitted by applicable law, save in cases of gross negligence or willful misconduct on our side, DATO SRL shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of: profits, revenue, data, use, good-will, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party or Subscriber using the Services, including without limitation, defamatory, offensive or illegal conduct or Content; and/or (e) damages in any manner relating to any Content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not DATO SRL has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of DATO SRL for any claim under this Agreement, including for any implied warranties, is limited to the amount you paid us to use the Enterprise Service(s). Free version is not subject to any liability nor DATO SRL will accept claims for any damage or losses, direct or indirect. DATO SRL assumes no responsibility for disruptions caused by unexpected force majeure, if he is unable to execute the order within the time stipulated in the contract or if he finds himself in the condition of not being able to provide the service in whole or in part as promised.
Either party may terminate this Agreement at any time, but special terms apply to Enterprise accounts due to the billing period. A Customer can delete their account by going in “My Account” in your dashboard area and clicking on the “Delete Account" button. You can cancel your service at any time by clicking on the Edit Profile link in the user navigation bar at the top of the screen. The Edit Profile screen provides a simple no questions asked cancellation link. Or you can also permanently terminate your account by emailing email@example.com As a consequence of termination, your Content will be deleted immediately from the Service, and in any case in no longer than 4 days from the confirmation that your communication to terminate has been received by us. We cannot guarantee a backup after the Deletion of Account button has been pressed. Different conditions apply for the enterprise customers, in terms of rollback options for accidental cancellation of an account. After the cancellation process has started, we will make any reasonable effort to proceed to the deletion of your Account. All Content in your Account will also be deleted. This information cannot be recovered once your account is terminated. You acknowledge and agree that: (a) caching, specifically from search engines, may not be immediately removed; (b) such removed Content may persist in backups (not available to others) for a reasonable period of time. DATO SRL may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to DATO SRL or any third party.
You and DATO SRL agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section unless otherwise specified in writing. Before resorting to litigation, we strongly encourage you to contact us to seek a friendly resolution. In case an agreement cannot be reached, this Agreement shall be governed in all respects by the laws of Italy without regard to conflict of law provisions. You agree that any claim or dispute you may have against DATO SRL must be resolved exclusively by a state court located in Firenze, Italy, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located in Firenze, Italy, for the purpose of litigating all such claims or disputes.
This Agreement, as modified from time to time, constitutes the entire agreement between you and DATO SRL with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. If any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term. Third party components (which may include open source software) of the DatoCMS Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer’s use of that third party component. This Agreement is not assignable, transferable, or sublicensable by you except with DATO SRL prior written consent. DATO SRL may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind DATO SRL in any respect whatsoever. Any notice to DATO SRL that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to DATO SRL SRL, Via Botticini 3, 50100 Firenze, Italy
Version ID: 0.1.2, Firenze, 14/04/20