These Terms of Service ("Terms") govern your access to and use of the websites, content, and services provided by Scrim Data ("Scrimdata," "we," "us," or "our"), including scrimdata.com (together, the "Services"). By using the Services you agree to these Terms. If you do not agree, do not use the Services.
If you or your organization has entered into a separate written agreement with Scrimdata, such as a data license agreement, master services agreement, or partner agreement, that agreement governs the subject matter it covers, and these Terms govern your use of the public Services. Where they conflict, the written agreement controls.
1. Privacy
Our Privacy Policy describes how we collect, use, and share information, and our Cookie Policy describes our use of cookies. Both are incorporated into these Terms by reference.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and "you" includes that organization.
3. Accounts and Security
If any part of the Services requires an account, you agree to provide accurate and complete information, keep it current, keep your credentials confidential, and notify us promptly at support@scrimdata.com of any unauthorized use. You are responsible for activity under your account.
4. Your Submissions
You retain any rights you hold in information and materials you submit through the Services, such as messages, estimator responses, and application materials ("Submissions"). You grant Scrimdata a nonexclusive, royalty-free, worldwide license to use, host, reproduce, and process Submissions to operate and improve the Services and to respond to you. For clarity, datasets provided under a signed data license agreement are not Submissions and are governed exclusively by that agreement.
5. Prohibited Conduct
You agree not to:
use the Services for any illegal purpose or in violation of these Terms;
access another person's account or impersonate any person or entity;
probe, scan, or test the vulnerability of the Services, or breach any security or authentication measures;
scrape, crawl, or harvest data from the Services by automated means without our prior written consent;
reverse engineer, decompile, or attempt to derive the source code of any part of the Services;
upload or transmit viruses, malware, or other harmful code;
interfere with or disrupt the operation of the Services or any user's enjoyment of them; or
use the Services to develop a competing product or service.
We may investigate violations and may remove content, suspend access, or terminate accounts at our discretion.
6. Ownership; Limited License
The Services, including all software, content, designs, and trademarks, are owned by Scrimdata or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Services for their intended purposes. No other rights are granted.
7. Trademarks
"Scrimdata" and our logos are trademarks of Scrim Data. You may not use them without our prior written permission. All other trademarks appearing on the Services are the property of their respective owners.
8. Feedback
If you send us ideas, suggestions, or other feedback, you agree we may use it for any purpose, commercial or otherwise, without compensation or attribution.
9. Third-Party Content and Links
The Services may reference or link to third-party websites, products, or content. We do not control or endorse them, and we are not responsible for them. Your dealings with third parties are solely between you and them.
10. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Scrimdata and its officers, directors, employees, and agents from any claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your Submissions, or your violation of these Terms or of any law or third-party right. We reserve the right to control the defense of any matter subject to indemnification, and you agree to cooperate with our defense.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT INFORMATION ON THE SERVICES, INCLUDING ANY PRELIMINARY ESTIMATE OR VALUATION, IS ACCURATE, COMPLETE, OR RELIABLE. PRELIMINARY ESTIMATES ARE NON-BINDING AND FOR INFORMATIONAL PURPOSES ONLY.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SCRIMDATA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Release
To the fullest extent permitted by law, you release Scrimdata from all claims and disputes arising out of or relating to disagreements between you and any third party in connection with the Services.
14. Publicity
Unless you tell us otherwise in writing, if your organization becomes a customer or data partner we may identify it by name and logo in customer lists and marketing materials. Any case study or detailed description of an engagement requires your prior written approval.
15. Disputes; Arbitration; Class Action Waiver
Please read this section carefully. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS under its applicable rules, conducted in English on an individual basis. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION. Either party may bring qualifying claims in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@scrimdata.com with your name and a statement that you opt out. Except where prohibited by law, any claim must be filed within one year after it arose.
16. Governing Law; Miscellaneous
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, and any court proceedings permitted under Section 15 must be brought in the state or federal courts located in the State of Delaware. These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between you and Scrimdata regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. We may update these Terms by posting a revised version with a new "Last updated" date; material changes take effect upon posting, and continued use constitutes acceptance.
Questions about these Terms: legal@scrimdata.com. Support: support@scrimdata.com.