Last Updated: 06/02/2021
These Preview Terms of Service (“Preview Terms”) supplement the agreement between Customer and Datafi under which Datafi provides its SaaS data service (“Agreement”). These Preview Terms describe the terms under which Datafi offers preview, beta, or other pre-release features, services, software, regions, or cloud providers as determined by Datafi at its sole discretion (“Previews“). Datafi will notify Customer of available Previews, which may be provided through the release notes, and will generally identify Previews in the Documentation. These Preview Terms may be updated by Datafi from time to time upon notice (which may be provided through the Service or by posting an updated version of these Preview Terms). Capitalized terms not defined in these Preview Terms shall have the meaning given to them in the Agreement.
WARRANTY DISCLAIMERS. PREVIEWS ARE NOT READY FOR PRODUCTION AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, THE PREVIEWS ARE PROVIDED BY DATAFI ON AN “AS IS” BASIS AND AS AVAILABLE, AND CUSTOMER’S ACCESS TO AND/OR USE OF PREVIEWS IS AT CUSTOMER’S SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATAFI EXPRESSLY DISCLAIMS ALL AND CUSTOMER WILL RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND FOR PREVIEWS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM DATAFI OR THROUGH THE PREVIEWS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE PREVIEW TERMS.
Customer may use Previews solely for internal evaluation purposes. Previews are excluded from Datafi’s support and service level obligations. Previews are excluded from Datafi’s security, compliance and privacy commitments. Customers shall not use Previews to process personal data or other data that is subject to any compliance or legal requirements. Datafi may change or discontinue Previews at any time without notice. Datafi also may choose not to make a Preview generally available. Datafi may use information about Customer’s use and evaluation of Previews for Datafi’s product improvement and development. Customer acknowledges that use of Previews may be subject to charges as described in the Consumption Table. Non-public information about a Preview is deemed to be the Confidential Information of Datafi. Notwithstanding anything to the contrary in the Agreement, in the event of any conflict between the Agreement and these Preview Terms, these Preview Terms shall govern solely in connection with the Previews.
LIMITATION ON LIABILITY. IN NO EVENT SHALL DATAFI BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE PREVIEW TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT DATAFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATAFI LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.