1. DEFINITION AND OBJECT
1.1. DATAIL is a software tool designed to manage tags and pixels. The access to this tool is only available through a website, user and password protected, which requires a previous registration process. Tags and pixels are fragments of JavaScript code generated by different platforms of software and marketing to receive information about the user’s behavior. This information can be sent from the browser used by the user, at different times, depending on the user’s behavior. DATAIL allows to automatically inventory the tags sent by the browser when loading a website, thanks to its capacity to scan, capture and understand the requests.
At this time, DATAIL automatically captures the most representative tags and pixels in the market including, depending on the case, additional identifying parameters (account, ID, etc.). In addition, DATAIL allows through the Tag Inventory to log pending tags, tags triggered by events other than the website visit, and non-active tags. From the Tag Inventory it is optionally possible to assign countries and stakeholders (technical and business managers) to websites and tags. This option allows an accurate identification of the implementation scope and the key persons connected.
Finally, the Tag Inventory allows users to create different workspaces (Workspaces) to organize different websites, whether they belong to different trademarks, markets or clients.
1.2. These Sales Terms and Conditions regulate the commercial relationship between the client and Datail Technologies, S.L.U. (henceforth “DATAIL”), regarding the acquisition of goods and services, including software, training and consultancy, that the client could contract with DATAIL.
1.3. The formalization of any order by the client through DATAIL’s website www.datail.io implies the full acceptance without any reservation of these Sales Terms and Conditions, which will govern the relationship between the parties.
2. ORDERS
2.1. All supplies and services provided by DATAIL, including the sale of software, training and consultancy services, are subject to the following conditions. Any condition in any order that may differ from these conditions is specifically rejected. Such provisions will not bound DATAIL unless they would have been accepted and signed in writing by both parties.
2.2. The sales will be considered complete since the moment DATAIL accepts the order and sends the confirmation notice to the email address indicated by the client during the registration process or subsequent amendments of his/her personal data. The placing of an order by the client does not imply its acceptance, even when a previous offer had been presented by DATAIL. Any complementary agreement or any subsequent amendment of an order must be accepted and will not become effective until written confirmation by DATAIL.
2.3. DATAIL reserves the right to modify its products, technical data and performance parameters if these modifications and changes are the result of technical progress. DATAIL will announce any change and any withdrawal of products on its website www.datail.io.
3. PRICE
3.1. The purchase price of the tool is 49 euros per domain per month.
3.2. The price indicated above includes:
- Unlimited scans.
- Up to 500 URLs per website.
- Email support.
- The possibility of additional websites and customized services (subject to special plans).
3.3. DATAIL offers a free trial version, for evaluation purposes, for a maximum of 15 days, limited to a single domain and up to 500 URLs. DATAIL reserves the right to modify the terms and conditions of the demo version without prior notice.
3.4. DATAIL may modify the price of the goods and services offered at any moment without prior individualized notice, while always respecting private agreements signed with the clients.
3.5. The price does not include any additional or extra costs that may arise after the purchase of the tool. In particular, as a non-exhaustive list, are expressly excluded from the price the following costs: shipment costs, insurances, installations and taxes.
4. ACCESS
4.1. Users can access DATAIL’s website with or without a previous registration. However, registration will be necessary in order to purchase and use of the tool.
4.2. The access of the website, either as a non-registered user or as a registered user, implies the acceptance of the company’s privacy policy and legal notice.
5. PAYMENT TERMS
5.1. The payment for the acquisition of DATAIL’s products will be made upfront, once the purchase order has been confirmed by DATAIL, through the payment platform Stripe www.stripe.com. The placing of an order implies for the client the acceptance of these payment terms and the use of the payment platform. Monthly payments will be made within the first five days of each month; if the client chooses annual payments, the payment shall be made within the first five days following the confirmation of the order by DATAIL
5.2. Once the payment will be received, DATAIL will send a bill to the client at the email address specified by the client.
5.3. DATAIL reserves the right to claim any interest and cost generated by pending bills and due payments as long as this situation is not imputable to DATAIL. The claim of interests and cost will be governed by the articles 5 to 8 of the Spanish Law 3/2004 of December 29, on combating late payments in commercial transactions (Ley 3/2004 de 29 de diciembre, por la que se establecen medidas de lucha contra la morosidad en las operaciones comerciales,) and by the Law 15/2010, of July 5th, which modifies the Law 3/2004.
5.4. If the client fails to pay any bill, DATAIL may immediately suspend the services provided and/or the supply of products.
5.5. In the case of early termination of the contract for any reason, the client shall pay all services and products provided, as well as all damages caused to DATAIL as a result of the early termination of the contract.
6. LIMITATION OF LIABILITY
6.1. DATAIL shall be released from all liability for lost or damages suffered by the client resulting from causes not attributable to DATAIL. In particular, DATAIL will not be responsible for the damages produced as a result of the misuse or the illegal use of the tools, software or products provided by DATAIL.
6.2. DATAIL shall not be liable for lost earnings or any other damage suffered by the client, whatever their cause.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1. All contents and elements related to the products and the website, including but not limited to texts, draws, trademarks (registered, pending or not registered, and especially the name “DATAIL”), logos, graphics, animations, source code, applications or any other element are the property of DATAIL or its licensors. The reproduction, transformation, distribution or public disclosure, and any other unauthorized act, is expressly forbidden, except with the express authorization of DATAIL. The rights of the client are limited to the private use and enjoyment of the products in accordance with its intended purposes and these Sales Terms and Conditions.
7.2. Subject to acceptance and respect of these Sales Terms and Conditions, DATAIL grants the client a free license (exclusive and non-transferable) to access to DATAIL’s intellectual property, limited to the normal provision of the services contracted. Except for this license, the client has no other right related to DATAIL’s – or its licensors – intellectual property. The client shall not sell, rent, distribute, transfer, sublicense or dispose in any other way of the rights included in the free license or any other right or content owned by DATAIL, without the prior written permission of DATAIL.
7.3. DATAIL reserves all rights over the patents, trademarks, designs, draws, circuits, software, documents and equipment registered by DATAIL
7.4. Draws, specifications, documents, etc. added to the offers are delivered to the client for the sole purpose of his personal use. The client shall not reproduce totally or partially any of these draws, specifications or documents, nor transfer them to third parties, without the prior written authorization of DATAIL.
7.5. In the event of any requirement of demand made against the client in connection with the infringement of the intellectual property rights of any product supplied by DATAIL, the client shall immediately notify DATAIL, so DATAIL could exercise its right of defense. Consequently, the client will not accept any deal without DATAIL’s prior consent.
8. SEVERABILITY
If any part, term or provision of these Sales Terms and Conditions is declared invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. Invalid or unenforceable clauses shall be replaced by other valid clauses, with full respect of the same spirit and purposes.
9. APPLICABLE LAW AND JURISDICTION
9.1. These Sales Terms and Conditions will be governed and construed in accordance with the Laws of Spain. The Spanish language shall be the governing language.
9.2. The parties agree to amicably solve any issue that may arise regarding these Sales Terms and Conditions. If an amicable settlement cannot be reached, both Parties, expressly waiving any other forum or jurisdiction that might correspond, agree to submit their differences to the jurisdiction of the Courts of the of A Coruña (Spain).