Terms of Service

Thank you for using Disco Droid.

Please read these Terms of Service (“Terms”) carefully.  By using Disco Droid, signing up for our email list, or signing up for an account, you’re agreeing to these terms, which will result in a legal agreement between you and Disco Droid (“Agreement”).  Disco Droid LLC (“Disco Droid”, “we”, or “us”) is an online data science company that provides reports on construction and real estate activity at a local and national level (“Reports”).  We will collectively refer to our website (https://www.discodroid.ai), emails, social media postings, and Reports as the “Service.” As a customer of the Service, or a representative of an organization or entity that is a customer of the Service, you are a “User” according to this Agreement (or “you”).

Our Terms and Privacy Policy affect your legal rights and obligations.  The Privacy Policy provides information regarding how we collect, use, and disclose personal information and protect your privacy when you use the Service.  By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms.

If you do not agree to be bound by our Terms and Privacy Policy, do not access or use our Service.

If you have any questions about our Terms, please contact us at info@discodroid.ai.

1. Your User Account

1.1 You must provide accurate information when you create your Disco Droid account, and complete the account registration process.

1.2 You must provide true, complete, and up-to-date contact and billing information.

1.3 You are responsible for safeguarding the password and for all activities that occur under your account. You should notify us immediately if you become aware of any breach of security or unauthorized use of your account.

1.4 You may not use another user’s account without permission.

1.6 You (and your Organization) must be based in the United States.  You must not be listed on any U.S. Government list of prohibited or restricted persons.

1.7 Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be at least eighteen (18) years of age or older and able to enter contracts.

1.8 Disco Droid may refuse service, close accounts of any Users, and change eligibility requirements at any time.

2. Term

2.1 When you use our Service and agree to these Terms, the Agreement between you and Disco Droid is formed, and the term of the Agreement will begin. The term will continue for as long as you use the Disco Droid Service, or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

3. Closing Your Account

3.1 You or Disco Droid may terminate the Agreement at any time and for any reason by closing your Disco Droid account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment for a Monthly Plan. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Reports.

4. Changes

4.1 We may change any of the Terms by posting revised Terms on our Disco Droid website (https://www.discodroid.ai/terms). Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change or discontinue the Service or any features of the Service at any time. 

5. Account and Password

5.1 You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Disco Droid is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

6. Your Use of Our Service

6.1 You must not change, modify, adapt, or alter the Service or change, modify, or alter another website so as to falsely imply that it is associated with the Service or with us.

6.2 You must not access our Service by means other than those expressly permitted by us.

6.3 You may not forward, circulate, or distribute our Reports, other than within your Organization, and with the exception of Reports posted on the public portion of DiscoDroid.AI, or on social networks.

6.4 You may not resell our Reports.

6.5 You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any of our pages are rendered or displayed in a user’s browser or device.

6.6 You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any of our other terms.

6.7 You may not disassemble, decompile, or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.

6.8 You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

6.9 You are responsible for saving or preserving any Reports, dashboards, emails, or other content you may want to access in the future.  We do not provide an archive service.

6.10 In the event you have a paid account, fees are non-refundable except as required by law.  You will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method. By default, customer accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your account unless you have cancelled the Service prior to its renewal date. We may revise fee rates for the Service from time to time and will provide you with email notice of any changes in fees at least thirty (30) days prior to your Service renewal date. You are responsible for providing complete and accurate billing information to Disco Droid. We may suspend or terminate your use of the Service if fees become past due. You are responsible for all taxes (excluding taxes on our net income), and we will charge tax if required to do so by law.

6.11 For paid accounts, we provide a satisfaction guarantee for all services. If you aren’t satisfied for any reason, simply contact us within 30 days, and we’ll be happy to issue a full refund. Kindly note, however, that we reserve the right to revoke refund privileges (on an individual basis) if we determine abuse of this policy has occurred.

6.12 By using this Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

7. General Conditions

7.1 We may suspend or terminate your account(s) or cease providing you with all or part of our Services at any time without liability to you for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of our Services to you is no longer commercially viable. We will make reasonable efforts to notify you through our Service, the next time you attempt to access your account, or by an email address or phone number you have provided us (if applicable). If we terminate your access to the Service, Content will no longer be accessible through your account.

7.2 Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

7.3 We reserve the right, in our sole discretion, to change these Terms and/or our Services offered from time to time (“Updated Terms”). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.

7.4 We reserve the right to refuse access to the Service to anyone for any reason at any time.

7.5 You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes. You further understand that we may charge a fee for this verification process.

7.6 We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.

7.7 You agree that you are responsible for all data charges you incur through use of the Service.

7.8 By creating an Account, you agree that the Services may send you informational and promotional text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

7.9 You represent and warrant that your use of the Service will comply with all applicable laws and regulations.

7.10 We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).

7.11 In some cases, it is necessary for our employees, contractors, or agents to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing us to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

7.12 In connection with providing you the Service, we may transfer, store and process your Content in the U.S. or in any other country in which we or our agents maintain facilities. By using the Service, you consent to this transfer, processing and storage of your Content.

8. Rights

8.1 Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, data, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, reports, and written and other materials (collectively, “Disco Droid Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Disco Droid Content may violate such laws and these Terms. Except as expressly provided in these Terms, we do not grant any express or implied rights to use Disco Droid Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Disco Droid Content or Services, except as expressly stated in these Terms. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.

9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING USE OF ANY REPORTS; (ii) WE WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; AND (iii) IN ANY CALENDAR YEAR, OUR TOTAL LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE—WILL BE NO MORE THAN WHAT YOU PAID US FOR THE SERVICE THE PRECEDING YEAR.

9.2 FOR THE AVOIDANCE OF DOUBT, IN NO INSTANCE WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE THE SERVICE IN VIOLATION OF THESE TERMS, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCOUNT DUE TO SUCH VIOLATION.

9.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE SERVICE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.  THIS MEANS THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT PROVIDE WARRANTIES, CONDITIONS, OR UNDERTAKINGS OF ANY KIND IN RELATION TO THE SERVICE, EITHER EXPRESS OR IMPLIED.  THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE AGREEMENT.  DISCO DROID DOES NOT WARRANT THAT THE SERVICES WILL BE CONTINUOUSLY AVAILABLE OR THAT THE SERVICES WILL OPERATE ERROR FREE.  SINCE MEMBERS USE THE SERVICE FOR A VARIETY OF REASONS, WE CAN’T GUARANTEE THAT IT’LL MEET YOUR SPECIFIC NEEDS.

10. Indemnification

10.1 You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your use of the Service, (ii) your violation of any laws or regulations, (iii) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (iv) any misrepresentations made by you, or (v) a breach of any representations or warranties you’ve made to us.

11. Equitable Relief

11.1 Your violation of these Terms may cause irreparable harm to us. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

12. Subpoena Fees

12.1 If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

13. Arbitration

13.1 All disputes relating to this Agreement will be settled by arbitration conducted pursuant to the Commercial Rules of the American Arbitration Association in Atlanta, Georgia. Judgment on the arbitral award is final and binding and may be entered in any court of competent jurisdiction. The foregoing does not apply to Disco Droid to the extent it wishes to seek equitable relief for any violation by you.

14. Time Limitation on Claims

14.1 You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

15. Assignments

15.1 You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

16. Governing Law & Venue

16.1 The State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Fulton County, Georgia, and each party consents to personal jurisdiction in those courts.

17. Force Majeure

17.1 We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, pandemics, government stay-at-home order, and acts of hackers, or third-party internet service providers.

18. Termination

18.1 We may terminate this Agreement at any time, with or without notice, for any reason.

19. Survivability

19.1 Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

20. Severability

20.1 If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be removed or edited as little as possible, and will not affect the validity and enforceability of any remaining provisions.

21. Waiver

21.1 If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

22. No Changes in Terms

22.1 Neither the course of conduct between the parties nor trade practice will act to modify the Terms.  We will not change these terms for any one user or group.

23. Notification of Security Incident

23.1 If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Mailchimp for such incident.

24. Notices

24.1 Any notice to you will be effective when we send it to the last phone number, email, or physical address you gave us. Any notice to us will be effective when delivered to us: Disco Droid, Attn: Legal Department, 741 Monroe Drive NE, Atlanta, Georgia 30308, or any addresses as we may later post on the Disco Droid website.

25. Entire Agreement

25.1 These Terms constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us.

 

Thank you for reading about Disco Droid’s policies.  Last updated October 30, 2020.

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