End User Terms
Last updated: Dec 20, 2022
- These End User Terms apply to your use of the data analytics service (Service) provided by dq technologies Ltd (Decentriq).
- The provision of the Service is governed by an agreement between Decentriq and any company or organization (Customer) under which Customer is authorized to create and manage one or more data clean rooms on the Service (Agreement), subject to Clause J below (use for testing purposes in absence of a formal agreement).
- Customer assigned to you – as an end user of the Service – certain permissions with respect to its data clean rooms on the Service. Your interactions with Customer’s data clean rooms are subject to the Agreement and shall not establish a direct contractual relationship between you and Decentriq. Customer shall, therefore, be solely responsible for your use of the Service under the Agreement.
- Customer solely determines your permissions with respect to its data clean rooms on the Service. If you have reason to believe that the permissions Customer assigned to you are wrong or inappropriate – in particular, if you have access to data that you think you should not – you shall immediately inform Customer to address your concerns.
- You shall use Customer’s data clean rooms on the Service strictly in compliance with the Agreement, Customer’s instructions and applicable law. In particular, you shall not:
- commit or encourage fraudulent or other illegal activities in violation of any applicable law, regulation, legal agreement or Decentriq’s published policies;
- infringe or misappropriate any copyright, trademark or other intellectual property, proprietary right, license right, or legal content protections;
- provision to the Service any data that you know or have reason to believe to be incorrect, inaccurate or otherwise misleading and/or infringing any rights of any third party; and
- provision any personal data to the Service or use the Service to process any personal data in a way that would violate the relevant data subjects’ rights to privacy.
If – in your opinion – Customer’s instructions on your use of the Service conflict with applicable law and/or any of points i. – iv. above, you shall immediately inform and consult with Customer to address your concerns.
- You shall only use your own personal user credentials to access and use the Service. You shall not share your personal user credentials with anyone else. If your user credentials have been corrupted – or if you have reason to believe so – you shall immediately inform Customer.
- You shall not disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security of the Service, or access or probe any network, computer or communications system, software application, or network or computing device systems provided or relied upon by Decentriq for the provision of the Service without authorization, including but not limited to breaches, vulnerability scans or penetration testing.
- If you are using the Service to process personal data (as defined under applicable data protection laws) and if the company or organization on behalf of which you are using the Service is deemed a controller for such processing of personal data (as defined under applicable data protection laws), such processing shall be governed by appropriate data processing terms. Therefore, unless your company or organization has entered into a separate data processing agreement with Decentriq, in which case the terms of such data processing agreement shall exclusively govern any processing of personal data by Decentriq, you hereby expressly accept and agree to the terms of the Decentriq Data Processing Agreement on behalf of your company or organization.
- Decentriq may have invited you to test the Service on behalf of your company or organization, in which case there might not be a formal agreement governing the provision of the Service. In such case, (i) any references to Customer in these End User Terms shall be interpreted as references to your company or organization; (ii) the provision of the Service shall be solely governed by these End User Terms, including, in particular, this Clause J; (iii) you hereby represent and warrant that you are duly authorized by your company or organization to test the Service on its behalf under these End User Terms; (iv) you shall use the Service for testing purposes only; (v) the Service is provided AS IS with no warranty of any kind and Decentriq excludes any liability to the widest extent permitted under applicable law; (vi) your company or organization and you shall, jointly and severally, defend and indemnify Decentriq in full against all claims, penalties, administrative fines, losses and/or damages of any kind (including legal and attorneys’ fees) arising from your use of the Service. Your use of the Service under this Clause J shall be governed exclusively by the substantive laws of Switzerland, at the exclusion of any conflict of laws provisions, and any dispute related thereto shall be subject to the exclusive jurisdiction of the competent courts at Zurich, Switzerland. For the avoidance of doubt, if you are a testing the Service on behalf of your company or organization under this Clause J and, at the same time, a different Customer that has entered into an Agreement as described in Clause B above has assigned any permissions to you with respect to its data clean rooms, your interactions with such other Customer’s data clean rooms shall remain governed by its Agreement with Decentriq.
- In case of any questions or concerns related to the Service you may always reach out to email@example.com.