Master Terms of Services and Policies

Datastreamer Master Terms of Services and Policies (Last updated March 17th, 2025.)

1. INTRODUCTION

The Datastreamer Master Terms of Service and Policies is made between Datastreamer SEZC, a Cayman Islands corporation and the party that subscribes for the Datastreamer Services (as defined below) (“Customer”). This “Agreement” consists of this Datastreamer Master Terms of Service and Policies, the Privacy Policy attached hereto as Exhibit A and each Order Form (as defined below). Except where Customer has previously negotiated and agreed to a Master Subscription Agreement with Datastreamer, this Agreement supersedes any previously agreed upon terms. Customer’s use of the Datastreamer Services is governed by Datastreamer’s IP Rights and License Grants. 

2. DEFINITIONS

The following terms, when used in this Agreement will have the following meanings:

“API” means Datastreamer application programming interface.

“Customer Data” means any data input into, processed by, and/or stored by the Services by or for Customer or Users. Customer Data includes Customer identification data as well as Customer personal data. 

“Data Partner” means Datastreamer’s data source, operation and destination partners.

“Data” means certain data being viewed and accessed through Datastreamer Site or API. 

“DSLTs” means Data Source License Terms as described in clause 4.2.

“Effective Date” means the Datastreamer account creation date. 

“Order Form” means an ordering document or online process completed by Customer and confirmed by Datastreamer, in each case specifying the Datastreamer services to be provided under this Agreement. 

“Site” means any pages that are within the Datastreamer.io domain.

“Services” or “Service” means the services Datastreamer offers through our Site and/or our API in conjunction with our tools.

“User” means an employee, contractor (to the extent providing services to Customer) or end user of Customer has provisioned to use Datastreamer Services through its account. 

3. ACCOUNTS AND REGISTRATION

To access most features of the Services, Customer must register for a Datastreamer account. When Customer registers for an account, Customer may be required to provide Datastreamer with some personal information, such as e-mail address or other contact information. Customer agrees that the information Customer provides to Datastreamer is and will be accurate and up-to-date at all times. Except for a breach of Datastreamer’s obligations hereunder or acts by Datastreamer, Customer is solely responsible for maintaining the confidentiality of Customer’s account and password and Customer agrees responsibility for all activities that occur under Customer’s account. If Customer has reason to believe that the Customer’s account is no longer secure, then Customer agrees to notify Datastreamer as soon as possible at [email protected]. 

4. DATASTREAMER SERVICES, AND SUPPORT

Datastreamer will provide to Customer the Services identified on each Order Form in accordance with this Agreement, including Services and Datastreamer Master Terms of Service and Policies reference in this Agreement, and Customer may use and access such Datastreamer Services, each according to the terms of this Agreement (including the applicable Order Form). Datastreamer will comply with applicable laws and regulations in providing the Datastreamer Services.

5. IP RIGHTS AND LICENSE GRANTS

5.1 Intellectual Property Rights. Datastreamer is the owner or the licensee of all intellectual property in Datastreamer Site, API, and Services. That intellectual property may be protected by copyright, patent and trademark laws, and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means unless expressly permitted by us. Except where expressly provided otherwise by Datastreamer, nothing in this Agreement may be construed to confer any license or ownership right in any of Datastreamer intellectual property rights whether by estoppel, implication, or otherwise. Datastreamer expressly reserves all rights in their intellectual property associated with the Site, API and Services not expressly granted to Customer in the Datastreamer Master Terms of Service and Policies 

5.2 Data Source License Terms. The Data available through our Services is provided to Customer by Datastreamer but is sourced and/or licensed from Data Partners. Certain Data is subject to separate license terms (the ”Data Source License Terms” or “DSLTs”) and may also be subject to separate fees. Customer agrees and expressly acknowledges the possibility that a Data Partner may stop providing Data to Datastreamer and that such an event does not constitute a violation or breach of this Agreement. 

Datastreamer does not include or govern DSLTs of Data Partners within this Agreement. When purchasing or subscribing to Data provided by Data Partners through Datastreamer’s Services, Customer acknowledges that Data Partners may have their own DSLTs, which are not included in this Datastreamer Master Term of Service and Policies. Customer is responsible for reviewing and complying with any applicable DSLTs. Customer may continue to be subject to those DSLTs even if Customer subsequently closes the account with Datastreamer. If Customer does not agree to any applicable DSLTs, Customer shall not be entitled to receive Data from that Data Partner. Where DSLTs specify terms and conditions for data usage, they serve as complementary terms and function alongside these Datastreamer Master Terms of Service and Policies.

Customer hereby grants Datastreamer permission to share their identity, name and/or any information concerning their actual or proposed usage of Data, but only with the respective Data Partner(s) from whom Customer obtained or desired to obtain Data from while using Datastreamer Services. This right shall not be construed as a violation of any confidentiality obligations Datastreamer may have now or in the future towards Customer and Customer explicitly agrees, affirms, represents and warrants that this right shall not be construed as a violation of the Privacy Policy or any confidentiality terms Datastreamer may have with the Customer.

5.3 License Grant. Subject to the terms set forth in this Agreement and in the applicable Order Form, Datastreamer hereby grants to Customer and its End Users (as defined below) a non-exclusive, non-transferable license to the Datastreamer Services. Each licensed Service is for the express use of the Customer, and for Customer to provide to their individual customers ( “End Users”) and must follow Datastreamer Terms of Service and Policies. The Customer shall not grant any license for the Services except as specifically permitted by this Agreement and in the applicable Order Form.  

6. FEES, PAYMENTS, AND TAXES

6.1 Service Fees. Customer will pay Datastreamer the applicable Fees described in each Order Form (the “Fees”) including Datastreamer Service Fees and any applicable Fees related to data sources and/or components usage, and any other Fees as set forth on an applicable Order Form, except if Customer enters into a separate written agreement with Datastreamer that provides otherwise. 

6.2 Payments. Unless Customer enters into a separate written agreement with Datastreamer that provides otherwise, Datastreamer will issue to the Customer, on the 1st business day of the month, invoice(s) for Services delivered. Invoice(s) contain the Committed Usage Discounts for the month issued. Invoice will also include any incremental costs for usage exceeding commitments in the previous month, usage exceeding the restrictions of any listed pilot statement, and/or usage of any Service not detailed in the Order Form. All Fees are charged and payable in full within seven (7) calendar days from the date of invoice issuance. Payment is non-refundable and non-transferrable. There will be no refunds or credits for partial periods of use, or for not using the Customer’s account. All amounts payable to Datastreamer must be made without setoff or counterclaim, and without any deduction or withholding. 

If Customer sets up a regular or recurring payment, Customer authorizes Datastreamer to receive payment in this way on an ongoing basis using the payment details Customer provides until Customer tells Datastreamer to change the method of payment. If Customer wishes to change the method of payment or change the payment details, Customer needs to contact Datastreamer as soon as possible so that Datastreamer can implement the change before the next billing cycle. Datastreamer may suspend the Customer’s access to services provided by Data Partners if the Customer’s account is 15 days or more overdue, and suspend the Customer’s access to Datastreamer Services if it is 30 days or more overdue. If Customer believes that Datastreamer has billed Customer incorrectly, Customer must contact Datastreamer no later than 60 days after the date of the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Datastreamer customer support department. 

6.3 Taxes. Unless otherwise expressly stated, any Fees charged to Customer do not include Taxes (as defined below). Customer is required to pay any and all Taxes associated with the Fees charged by Datastreamer (“Transaction Taxes”), regardless of how or upon whom they are imposed. These Transaction Taxes exclude income taxes but may include, but are not limited to, local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value added taxes, consumption taxes, Goods and Services taxes, GST/HST, excise, sales, use or similar taxes and any withholding taxes (together “Taxes”). All amounts invoiced pursuant to this Agreement are payable in full and without reduction for Taxes. If Datastreamer has a legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides Datastreamer with a valid tax exemption certificate authorized by the appropriate taxing authority. If any deduction or withholding is required by law, Customer will notify Datastreamer and Customer will pay Datastreamer any additional amounts necessary to ensure that the net amount that Datastreamer receive, after any deduction and withholding, equals the amount Datastreamer would have received if no deduction or withholding had been required. Additionally, Customer will provide Datastreamer with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

7. TERM AND TERMINATION

7.1 Term. These Terms commence on the Effective Date and shall continue in full force and effect until all subscriptions granted in accordance with these Terms or an Order Form has expired or been terminated.

7.2 Renewal. The subscription is automatically renewed on the last business day of each month until the Customer terminates the subscription. Customer needs to notify Datastreamer in writing at least two (2) business days prior to auto-renewal date if Customer wishes to terminate or modify the subscription. Any changes will take effect at the end of the current subscription period. 

8. CONFIDENTIALITY OBLIGATIONS

8.1 Confidential Information. Subject to the limitations set forth in Section 8.2, “Confidential Information” means non-public information related to the disclosing Party’s business, including without limitation, management, operations, financial, personnel, product, customer, sales, marketing, technical and other information, trade secrets, and/or information related to your login identifiers and credentials for accounts. Either party may disclose to the other information in connection with its performance hereunder which it deems to be confidential and proprietary.

8.2 Exceptions. Confidential Information does not include information which: (a) is part of the public domain at the time of disclosure; (b) becomes a part of the public domain through no fault of the receiving party on a non-confidential basis from a source legally entitled to share the information without confidential treatment; (d) is independently developed by the receiving party without use of or access to the disclosing party’s Confidential Information; or (e) is released from the confidentiality obligations herein by written consent of the disclosing party; (f) is required to be disclosed by operation of law or court order. 

8.3 Non-disclosure. Subject to the terms of our Privacy Policy, the receiving party agrees: (i) to take reasonable precautions to protect such Confidential Information (using at least the same degree of care that the receiving party uses to protect its own Confidential Information and no less than reasonable care); and (ii) not to use or divulge such Confidential Information to any third person, except for employees, contractors and agents who need such access for purposes of performing the Agreement between Datastreamer and Customer and who are bound by confidentiality terms with restrictions at least as stringent as those herein.

The confidentiality obligations of the receiving party hereunder shall continue during the duration of our Agreement and for a period of two (2) years thereafter; provided, however, that with respect to any trade secrets of the disclosing party, the confidentiality obligations of the receiving party with respect to such trade secrets shall continue for as long as they remain trade secrets under applicable law. Notwithstanding the foregoing or anything in this Agreement to the contrary, to the extent that Customer has entered into a separate agreement with Datastreamer that contains terms that are more protective of our Confidential Information than the terms of this paragraph, then the confidentiality obligations of such separate agreement shall control over the confidentiality obligations of this Agreement.

8.4 Marketing Permissions. Datastreamer may use and display Customer’s name and logo on Datastreamer’s website and marketing materials in connection with identifying Customer as a customer. Subject to Customer’s prior written approval (which shall not be unreasonably withheld), if Datastreamer requests, Customer also agrees to participate in a win release, case study, video testimonial, and/or cooperate with Datastreamer in presenting at a Datastreamer event or speaking to the media. 

9. ACCEPTABLE USE AND PRIVACY

9.1 Restriction on Use of our Services. Customer may only use Datastreamer Service as set forth herein. Customer also agree that the following actions shall constitute a material breach of our Agreement:

• Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering, reverse engineering, or changing our Services without Datastreamer’s written consent;
• Violating the terms of any applicable DSLTs;
• Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, internet agent, or other automatic devices, program, algorithm or methodology which does similar things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor Datastreamer Services or any portion thereof;
• Failure to make timely payments to Datastreamer when due;
• Accessing or using Datastreamer Services for purposes directly competitive with Datastreamer or a Data Partner;
• Disguising the origin of information transmitted to, from, or through our Services;
• Impersonating or allowing anyone to impersonate you to access or use our Services;
• Distributing viruses or harmful software to Datastreamer or our Services;
• Using Datastreamer Services for any purpose in violation of any applicable law;
• Using Datastreamer Services for surveillance or monitoring purposes in violation of any applicable laws;
• Using Datastreamer Services in a way that, in our sole discretion, could likely result in harm to others;
• Circumventing any measures implemented by us aimed at preventing violations of the Datastreamer Master Terms of Service and Policies; or
• Assisting any other party in doing or engaging in any of the foregoing conduct.
  

Datastreamer reserves the right, in our sole discretion, to terminate Customer’s access to Datastreamer Service or any portion thereof due to any act that would constitute a violation of our Agreement. 

9.2 User Content. Any feedback, enhancement request, suggestions, or information (including any queries or code generated using our Tools) (cumulatively the “Content”) that Customer inputs to or through Datastreamer Site or our API shall belong to the Customer, but Customer grants Datastreamer all necessary rights to process the Content in accordance with the terms of this Agreement. Datastreamer owns and retains all right, title, and interest in and to the Datastreamer Services (including any improvements thereto made as a result of Customer feedback or suggestions), system data, Professional Services, and Documentation. All rights not expressly granted under this Agreement as reserved. This license grant shall continue perpetually even if the Customer closes the account. Customer is solely responsible for making sure that Customer has all rights in any Content that Customer input as is necessary for Customer to grant Datastreamer the foregoing license and Customer represent and warrant that Customer have all legal rights in such Content. 

9.3 Privacy. The Privacy Policy encompasses any and all content Customer may input to or through Datastreamer Site or our API, including but not limited to, information submitted for purposes of creating an account, submitting an order or inquiry or to receive further information, updates and/or promotions about or related to Datastreamer Services. Datastreamer processes this information for their internal purposes and by using Datastreamer Services Customer consents to such processing and Customer represents and warrants that all content provided by the Customer is accurate and not misleading. 

Customer warrant to respect all applicable privacy laws. Specifically, Customer shall not, and shall not permit and allow Names Users, directly or indirectly, to collect Personal Data where the collection of such Personal Data is subject to consent. 

Customer shall not knowingly:

1. Investigate, track or surveil users or their Content, or obtain information on users or their Content, in a manner that would be inconsistent with users’ reasonable expectations of privacy as defined by law; or
2. Use Content in a way that the Customer reasonably believes will violate privacy laws. 

9.4 Links to Other Websites. Datastreamer Site may contain links to other websites that may be of interest to Customer. Datastreamer provides any such links to Customer only as a convenience, and the inclusion of any link does not imply endorsement by Datastreamer of the linked website and/or the content and materials found at the linked website. It is Customer’s responsibility to take precautions to ensure that whatever website Customer may select for their use is free of viruses or other items of an intrusive or malicious nature. Clicking on any such links from Datastreamer Site to gain access to other websites is at Customer’s own risk.

10. SECURITY MEASURES

10.1 Removal of Customer Data. Upon Termination or expiration of this Agreement, in the event Datastreamer has any Customer Data, Datastreamer shall delete all such Customer Data from its system without retaining any copies thereof (other than copies retained in accordance with Datastreamer’s internal document retention and information technology policies. 

10.2 Customer Responsibilities. Customer is responsible for security relating to its environment and security relating to its configuration of the Datastreamer Services. This includes implementing and managing procedural, technical, and administrative safeguards on its systems and networks sufficient to ensure the confidentiality, security, integrity, and privacy of Customer Data. Customer is also responsible for provisioning Users, including: (i) methods of authenticating Users (such as SSO or industry-standard secure username/password policies); (ii) managing admin privileges; (iii) deauthorizing personnel who no longer need access to the applicable Datastreamer product; and (iv) setting up any API usage in a secure way. Datastreamer will have no obligations or liability as to any loss resulting from Customer’s security configuration or administration of the Datastreamer Services. 

11. SUSPENSION AND CLOSURE OF ACCOUNTS

11.1 Suspension. Datastreamer may suspend access to any portion or all of our Services at any time if we decide, in our sole discretion, that Customer uses of our Services:

• Poses a security risk to anyone;
• May materially and adversely impact us or a Data Partner;
• May cause us to incur a liability;
• Is in breach of any DSLTs;
• Is in breach of our Agreement; or
• Is required by law

If Datastreamer suspends the access of Customer to any portion of all of our Services:

• Customer remain responsible for all accrued Fees and other amounts that the Customer owes to Datastreamer (including Fees for Services that you may continue to have access to).
• Unless Datastreamer closes your account, Datastreamer will reinstate the Customer’s account once Datastreamer is satisfied that the circumstances causing the suspension have passed. 

Datastreamer’s right to suspend is in addition to the right to close Customer’s account. 

11.2 Effect of Closing your account. If Datastreamer closes a Customer’s account for reasons that are not caused by Customer’s breach of the Agreement, Datastreamer will refund the amount Customer has paid to Datastreamer in respect of the period after Datastreamer closes a Customer’s account or otherwise terminate the access to or use of our Services. 

Datastreamer may delete the Content related to the Customer after the account is closed, and such Content will not be recoverable. Datastreamer will not be responsible to Customer for any Content that is lost when the account closes. Please note that some Content that Customer inputs into Datastreamer’s systems may not be deleted, and that Datastreamer may continue to use it in accordance with the terms herein. 

Once a Customer’s account is closed:

• Customer will remain responsible for any unpaid Fees or other amounts owed to Datastreamer. 
• Customer must stop using our Services and any related material.
• Customer will not have any future rights under our Agreement. 
• All terms in our Agreement that must continue in force to fulfill their respective purpose will do so and remain binding. 

12. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY; AND INDEMNITIES

12.1 Disclaimer of Warranties. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY DATASTREAMER, ITS SITE, API, OR SERVICES, ANY DATA OBTAINED FROM DATASTREAMER’S DATA PARTNERS, AND/OR ANY MATERIALS ASSOCIATED THEREWITH (CUMULATIVELY THE “DATASTREAMER MATERIALS”) ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, DATASTREAMER HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE DATASTREAMER MATERIALS INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. DATASTREAMER MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE DATASTREAMER MATERIALS, OR THE RESULTS CUSTOMER MAY OBTAIN BY ACCESSING OR USING THE DATASTREAMER MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DATASTREAMER DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE DATASTREAMER MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE DATASTREAMER MATERIALS CUSTOMER PURCHASE OR OBTAIN WILL MEET CUSTOMER’S REQUIREMENTS, OR (C) THAT THE DATASTREAMER MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER ACKNOWLEDGE THAT DATASTREAMER DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE DATASTREAMER MATERIALS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND/OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. DATASTREAMER ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DAMAGES OF ANY KIND RESULTING FROM SUCH PROBLEMS OR FROM ANY CIRCUMSTANCES OUTSIDE OF DATASTREAMER’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, UNAVAILABILITY OF THE DATA FROM THE DATA SOURCE PARTNERS OR ACTS OF GOD. CUSTOMER USE OF THE DATASTREAMER MATERIALS FOR ANY TIME CRITICAL OR BUSINESS CRITICAL PURPOSES IS AT CUSTOMER’S OWN RISK.

12.2 Limitation of Liability. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL DATASTREAMER’S AGGREGATE LIABILITY (WHETHER BASED IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION) EXCEED THE LOWER OF: (I) ANY AMOUNTS PAID BY CUSTOMER TO DATASTREAMER IN THE COURSE OF THE PRECEDING TWELVE (12) MONTHS, OR (II) $100,000 (ONE HUNDRED THOUSAND DOLLARS) FOR ANY CLAIMS MADE BY CUSTOMER AGAINST DATASTREAMER RELATED TO THE DATASTREAMER MATERIALS. IN NO EVENT SHALL DATASTREAMER BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO CUSTOMER’S COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE DATASTREAMERMATERIALS, REGARDLESS OF CAUSE, WHETHER BASED IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DATASTREAMER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR CLARIFICATION, THE FOREGOING EXPRESSLY PRECLUDES ANY LIABILITY ON DATASTREAMER’S PART FOR ANY LOSS OF INCOME OR REVENUE OR BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, AMOUNTS PAID OR OWED TO CUSTOMER’S END USERSOR TO CUSTOMER’S AFFILIATES, LOSS OR CORRUPTION OF DATA OR SYSTEMS, OR WASTED INTERNAL COSTS, OR WASTED MANAGEMENT OR OFFICE TIME CUSTOMER MAY INCUR IN RELATION TO THE USE OF OR ACCESS TO THE DATASTREAMER MATERIALS. NOTHING IN THIS AGREEMENT EXCLUDES OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (II) FRAUD OR FRAUDULENT MISREPRESENTATION.

12.3 Your Indemnity Obligations. Unless expressly provided otherwise in a written agreement between Customer and Datastreamer, Customer shall defend and immediately indemnify Datastreamer (including its officers, directors, and agents) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by any third party related to, or arising from, Customer’s use of the Datastreamer Materials (including, without limitation, any breach by Customer of the Agreement) save as a result of Datastreamer’s negligence. If such a claim is brought against Datastreamer , Customer agrees that they shall give Datastreamer reasonable co-operation in all respects in the defense and/or settlement of any such claim. Datastreamer shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Datastreamer Materials; (b) the combination of the Datastreamer Materials with any other products, services, or materials; or (c) any third party products, services, or materials.

13. GENERAL

13.1 Communications. Our Agreement and all communication between Customer and Datastreamer shall be in English. Applicable law may require that some of the information or communications Datastreamer send to Customer be in writing. Customer agrees that communication with Datastreamer will be primarily electronic and that this constitutes written communication. When contacting Customer, Datastreamer will use the information Customer provides to Datastreamer when registering, or any update or replacement thereto that Customer may have provided.

13.2 Third Parties. A person who is not a party to our Agreement shall not have any rights hereunder or pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13.3 No Agency Relationship. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing and except where otherwise provided by a written agreement, Datastreamer is not acting and does not act as an agent for any user or visitor of the Site, API, or Services.

13.4 Transfer of rights and obligations. Agreement and all terms therein are binding upon Datastreamer and Customer and on the respective successors and assigns. Customer may not transfer, assign, charge or otherwise dispose of the Agreement with Datastreamer, or any of Customer’s rights or obligations arising under it, without Datastreamer’s prior written approval. Datastreamer may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement with Customer, or any of Datastreamer’s rights or obligations arising under it, at any time without Customer’s written consent.

13.5 Delays in enforcement. If Datastreamer fails to insist upon strict performance of any of Customer’s obligations, or if Datastreamer fails to exercise any of its rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve Customer from compliance with such obligations.

13.6 Invalid Terms of Service. If any term or provision of the Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall not be affected and such term or provision shall be modified to the extent necessary to approximate as closely as possible the intent thereof.

13.7 Governing Law and Exclusive Venue for Disputes. Any claim arising under this Agreement shall be governed by the laws of Datastreamer’s registered corporate address: 90 N Church St., George Town, Grand Cayman, KY-9012, Cayman Islands.

13.8 Changes. Datastreamer reserves the right, at its discretion, to change, modify, add or remove portions of these Datastreamer Master Terms of Service and Policies at any time without warning by posting an updated version to Datastreamer Site in order to reflect those changes. Customer agrees to periodically review the documents that make up the Agreement from time to time to take notice of any changes Datastreamer may make, as they are immediately binding on Customer. Continued access or use of Datastreamer Site, API, or Services shall be deemed conclusive evidence of Customer’s acceptance of any modified terms.

13.9 Survival. The sections entitled IP RIGHTS AND LICENSE GRANTS, CONFIDENTIALITY OBLIGATIONS, and DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY; AND INDEMNITIES, shall survive any termination or expiration of this Agreement.

13.10 Entire Agreement. Unless Customers enter into a separate written agreement with Datastreamer that provides otherwise, the Agreement and the terms and conditions referenced therein: (i) set out the entire Agreement between Datastreamer and Customer regarding Datastreamer Services; and (ii) supersede all previous or contemporaneous representations, agreements or communications between Datastreamer and Customer regarding the Services. Datastreamer will not be bound by any obligation, condition or other provision that is different from or in addition to those unless authorized by Datastreamer in writing. Customer agrees that any payment for the Services is not contingent upon any future functionality or features.