These terms and conditions of use (“Terms of Use”) apply to all access to, and use of, all website,
pages, and features and services provided through all of the sites hosted at dscvryai.com and
api.dscvryai.com domain and sub domain (collectively referred to as dscvryai.com) and any other
application, platform, tools, API, data repository or other services made available by Dscvry, either
directly or by a third-party platform or reseller, that includes an authorized link or reference to the
Terms of Use (collectively referred to as the “Services”).
These Terms of Use form a contract between REDSCVRY TECHNOLOGY PRIVATE LTD. (“Dscvry,” “we,” or “us”)
and you. If the use of any of these Services is on behalf of any entity, “you” refers to both you and
any entity on whose behalf you use the Services, and you represent and warrant that you are authorized
to accept these Terms of Use on your and such entity’s behalf, and that such entity agrees to indemnify
you and Dscvry for violations of these Terms.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE
IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
DSCVRY RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF
USE OR ANY POLICY AT ANY TIME AND IN ITS SOLE DISCRETION. ANY CHANGES OR MODIFICATIONS WILL BE EFFECTIVE
IMMEDIATELY UPON POSTING ON DSCVRYAI.COM. YOUR CONTINUED USE OF, OR ATTEMPT THEREOF, OF ANY SERVICES
THROUGH ANY MEANS AFTER THE EFFECTIVE DATE OF SUCH CHANGES WILL CONSTITUTE ACCEPTANCE OF AND AGREEMENT
TO ANY SUCH CHANGES.
For inquiries about our Terms of Use contact support@dscvryai.com.
1. User Access
To access some features of the Services, an account will have to be created. In creating an account, you
agree to provide correct information about yourself and will be responsible for all activities in your
account. By registering on our system, the user consents to personal information submitted for user
identification on the Services and related systems, as well as a content developed herein by user, being
stored on Dscvry's server on Google Cloud (USA). For more information about personal information use,
storage, and sharing, please review our Privacy Policy.
2. Acceptable Use
You agree not to use the Services or communicate with Dscvry or its agents in any way that is unlawful,
deceptive, obscene, defamatory, threatening, fraudulent, harassing, inflammatory, disparaging, or
otherwise abusive, or that infringes any intellectual property, privacy, or other right of or otherwise
harms Dscvry, its service providers, its suppliers, your end users, or any other person. Use of the
Services via mechanical, robotic, scripted or any other automated means without written prior approval
by Dscvry is strictly prohibited. Nothing herein grants such preapproval. Further, pursuant to Section
12 below, Dscvry may terminate or suspend your use of and/or access to any one or more Services if and
when Dscvry determines that your use or communications with us or our agents is inappropriate or in
violation of these Terms.
You shall not directly or indirectly (i) use any of Dscvry’s proprietary information, third party data,
or other content accessed through or component of the Services to create any service, software,
documentation or data that is similar to any aspect of the Services, (ii) disassemble, decompile,
reverse engineer or use any other means to attempt to discover any source code of any Service, or the
underlying ideas, data, algorithms or trade secrets therein or comprising any Service, (iii) resell,
encumber, sublicense, transfer, rent, lease, time-share or use the Services or the third party data in
any service bureau arrangement or otherwise for the benefit of any third party, (iv) copy, distribute,
manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect
of the Services, including any third party data, (v) use or allow the transmission, transfer, export,
re-export or other transfer of any product, technology or information it obtains or learns pursuant to
this Terms of Use (or any direct product thereof) in furtherance of any criminal, fraudulent or
otherwise unlawful activity, including in violation of any export control or other laws and regulations
of the United States or any other relevant jurisdiction or (vi) permit any third party to engage in any
of the foregoing proscribed acts.
3. Copyright and Limited License
(3)(1) Unless otherwise indicated, the Services are the proprietary property of Dscvry or its licensors
or users. To the extent you are permitted to access and use the Services, we provide you with a
worldwide, nonexclusive, non-transferable, revocable, limited license to access and use of the Services
(including information and content contained within the Services) strictly subject to and in accordance
with these Terms of Use. We reserve the right to terminate this license at any time and for any reason.
Your failure to comply with these Terms of Use will result in automatic termination of this license,
with or without prior notice, and you must immediately destroy all copies of downloaded materials in
your possession or control in the event of such termination or if we otherwise notify you. Except for
the limited license set forth in these Terms of Use, Dscvry does not grant you any express or implied
rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual
property rights.
(3)(2) On behalf of yourself and/or any of your contractors or agents, you agree not to: A) modify,
translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, the
Services; B) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain
access to the Services or any source code; C) remove, delete, alter, or obscure any trademarks or any
copyright, trademark, patent, or other intellectual property or proprietary rights notices from the
Services, including any copy thereof; D) rent, lease, lend, sell, sublicense, assign, distribute,
publish, transfer, or otherwise make available the Services, or any features or functionality thereof,
to any third party for any reason, including by making the foregoing available on a network where it is
capable of being accessed by more than one device at any time.
(3)(3) You further agree to comply with any supplemental terms that govern your use of particular
Services or features. Without limitation, you specifically agree to be bound by any terms and conditions
imposed by third-party sources that apply to any information, data, features or other content from
third-party sources that is accessible through the Services (“Third-Party Services”). Dscvry is not
liable to you or any third party for any losses or damages resulting from your use of any such
Third-Party Services.
4. Children Under the Age of 18
You must be at least 18 years of age to access and use the Services. The Services are not intended for
children under 18 years of age, and Dscvry does not knowingly collect personal information from children
under 18.
5. Privacy Policy
You acknowledge that when you download, install, or use the Services, Dscvry may use automatic means
(including, for example, cookies and web beacons) to collect information about your Mobile Device, about
your use of the Services. You also may be required to provide certain information about yourself as a
condition to downloading, installing, or using the Services or certain of their features or
functionality, and the Services may provide you with opportunities to share information about yourself
with others. All information we collect through or in connection with the Services are subject to our
Privacy Policy, which is set forth in detail at #privacy policy link. By downloading, installing, using,
accessing, and providing information to or through the Services, you acknowledge that your personal
information may be collected, used, shared and otherwise processed in accordance with our Privacy
Policy.
6. User Content
Dscvry allows users to upload datasets, create content in form of pages, visualizations and tables
(collectively, “User Content”), and collaborate with other users. You are solely responsible for your
User Content. You agree not to create or post User Content: a. that is unlawful, defamatory, obscene,
indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive,
fraudulent or objectionable; b. infringing any patent or violates and copyrights/licenses; c.
misrepresenting affiliations and entities; or d. containing third party private information.
7. Rights to Content
You own and retain the copyrights to all User Content you post. You are responsible for providing access
and sharing your User Content with other users. You grant Dscvry an irrevocable right to use, reproduce
and publish in connection with the offered services.
8. Subscription Features
Dscvry offers Services, including any additional features Dscvry may choose to offer on subscription or
other fee basis. However, Dscvry also reserves the right to modify or change the Services and data
available through its subscription services or other fee basis without prior notice. If subscribed, you
agree to pay all fees agreed at the time of signing for the subscription or fee agreement. Any purchase
of a subscription or other fee basis is restricted to the named user on the subscription and may not be
shared or transferred.
9. Ideas and Suggestions
Any ideas and suggestions made by you to Dscvry on the Services will be sole property of Dscvry.
10. External Content
Dscvry may offer content with third party links and will offer features to users to be able to surface
third party content in form of links. Dscvry does not monitor or have control over the third-party
content and is not responsible for third party content. Where we provide a hyperlink to a third party's
website, we do so because we believe in good faith that such a website contains or may contain material
which is relevant to that on our website or that may contain material relevant to our users. Such a
hyperlink does not signify that Dscvry has reviewed or approved of the connected third party's website
or its contents nor does it necessarily reflect the opinions or views of Dscvry.
11. Termination of Service
Dscvry may permanently or temporarily terminate or suspend your account or access to the Services
without notice or liability if Dscvry (in its sole discretion) determines that your interactions with us
or our agents are inappropriate or you have violated these Terms of Use. Without affecting any other
remedies available to us, Dscvry may, without notice and in its sole discretion, terminate or suspend
your right to use any free Services and block all your future access to and use of such Services at any
time for any reason. Dscvry also may discontinue one or more Services, or any features thereof, without
notice. Upon termination: A) all rights granted to you under this Agreement will also terminate; and B)
you must cease all use of the Services and delete all copies from your computer/mobile device, and
account. Termination or suspension will not limit any of Dscvry’s rights or remedies at law or in
equity.
12. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE
PROVIDED ON AN “AS IS” BASIS, AND DSCVRY HEREBY DISCLAIMS (FOR ITSELF AND ITS LICENSORS AND SUPPLIERS)
ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ALL
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE, OR AS TO ACCURACY, COMPLETENESS OR ADEQUACY OF INFORMATION, OR RELIABILITY,
THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE AND ALL WARRANTIES ARISING FROM ANY COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITATION TO THE FOREGOING, DSCVRY PROVIDES
NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE,
APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY
STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. DSCVRY MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROVISION OF THIRD-PARTY DATA OR OTHER THIRD-PARTY
SERVICES.
YOU RECOGNIZE THE UNCERTAINTIES INHERENT IN ANY ANALYSIS OR INFORMATION THAT MAY BE PROVIDED IN
CONNECTION WITH THE SERVICES, AND ACKNOWLEDGE THAT THE SERVICES ARE NOT A SUBSTITUTE FOR ITS OWN
INDEPENDENT EVALUATION AND ANALYSIS AND SHOULD NOT BE CONSIDERED A RECOMMENDATION TO PURSUE ANY COURSE
OF ACTION. DSCVRY SHALL NOT BE LIABLE FOR ANY ACTIONS OR DECISIONS THAT YOU MAY TAKE BASED ON THE
SERVICES, INCLUDING IN CONNECTION WITH THE USE OF ANY INFORMATION OR DATA CONTAINED THEREIN. EXCEPT AS
OTHERWISE PROVIDED HEREIN, YOU UNDERSTAND THAT YOU ASSUMES THE ENTIRE RISK WITH RESPECT TO THE USE OF
THE SERVICES.
You hereby acknowledge and agree that the Services are not developed or provided by Dscvry as investment
advice and will not be used or treated by you as investment advice. The Services are intended to be used
for informational purposes only, and the Services do not provide investment advice. Dscvry, its
affiliates and partners shall have no liability for any investment or other decisions made based upon
any information in the Services.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, DSCVRY, ITS AFFILIATES AND PARTNERS SHALL NOT BE LIABLE
FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIRD-PARTY
DATA OR ANY OTHER SERVICES.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DSCVRY BE RESPONSIBLE FOR INDIRECT,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR CONTENT, LOST PROFITS, LOSS OF GOODWILL, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE
AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE SERVICES. THE FOREGOING LIMITATIONS
WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER DSCVRY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR
ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless Dscvry and its officers, directors, employees, agents,
affiliates, successors, and assigns from and against any and all losses, damages, liabilities,
deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or
expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of
the Services or your breach of this Agreement or to content you submit or make available through the
Services.
15. Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of
the provision will be amended to achieve as closely as possible the effect of the original term and all
other provisions of this Agreement will continue in full force and effect.
16. Governing Law
This Agreement is governed by and construed in accordance with Indian Information Act, without giving
effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising
out of or related to this Agreement or the Services shall be instituted exclusively in the courts of
India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to
venue in such courts.
17. Entire Agreement
Together with any supplemental terms that Dscvry presents to you, this Agreement constitute the entire
agreement between you and Dscvry with respect to the Services and supersede all prior or contemporaneous
understandings and agreements, whether written or oral.
18. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or
power hereunder preclude further exercise of that or any other right hereunder. In the event of a
conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement
shall govern.