Skip to content
DataCamp Limited

Terms & Conditions

Effective from .
The previous version can be found here: Terms & Conditions (effective until ).

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING, EXECUTING, OR PLACING YOUR ORDER FOR ANY DATAPACKET SERVICES. BY ORDERING OUR SERVICES, YOU AGREE TO BE BOUND BY THE MOST RECENTLY AMENDED VERSION OF THIS AGREEMENT.

Definitions

  • “Agreement” means these Terms and Conditions, the Service Specification, the AUP, the SLA, other policies and documentation available on the Website and any additional documents entered into between the Parties.
  • “AUP” means the Supplier’s Acceptable Use Policy currently available at https://www.datapacket.com/acceptable-use-policy, as it may be updated by the Supplier from time to time.
  • “Customer” means you, who placed the Service Order or executed a similar document with reference to this Agreement.
  • “Customer Users” means Customer's employees, subscribers, end-users, and any other parties who are given direct or indirect access to the Services by the Customer.
  • “DataPacket Balance” means prepaid balance funded by the Customer, which is used to pay for Services, including but not limited to additional usage charges, overages, or other ancillary services.
  • “Defect” means a material failure or deficiency where the Services do not meet the requirements specified in the Service Order or any other referenced documents.
  • “Effective Date” means the date that the Customer accepted the terms of this Agreement by creating a Service Order via clicking the Create account button on the Website.
  • “Monthly Plans” mean service plans provided on a monthly basis, where the Customer agrees to pay a specified amount of Service Fees each month in exchange for Services.
  • “Party” means the Customer and the Supplier (collectively referred to as “Parties”).
  • “Services” mean all of the Supplier’s DataPacket services as set forth in any applicable Service Order (or as otherwise agreed by the Parties) that the Supplier provides to Customer pursuant to this Agreement.
  • “Service Activation Date” means the date on which the Supplier first makes the Services available to the Customer following receipt of any required prepayment.
  • “Service Fees” mean any fees and charges associated with Services to be performed.
  • “Service Order” means an online or offline order for Services, which may include, inter alia, service specification, price, quantity and commitment for such Services.
  • “Service Period” means (a) the initial thirty (30) consecutive-day period commencing on the Service Activation Date; and thereafter (b) an alignment period followed by calendar-month periods. The alignment period is determined by how many days remain in the calendar month in which the initial 30-day period ends: (i) if fifteen (15) or more days remain, the alignment period runs only until the last day of that month and the Service Fees and any included traffic/allowances for that period are prorated per day; (ii) if fourteen (14) or fewer days remain, the alignment period runs through the last day of the following calendar month. Thereafter, each Service Period is a full calendar month. Suspension does not toll or extend any Service Period.
  • “Service Specification” means specification of Services as described on the Website describing the particular Services that the Customer has purchased based on the description as it stands on the Effective Date.
  • “Supplier” means DataCamp Limited, a company incorporated and registered in England and Wales with number 07489096 whose registered office is at 9 Coldbath Square, London, United Kingdom, EC1R 5HL.
  • “Website” means www.datapacket.com or other websites, portals and similar web resources run by the Supplier for the purpose of performing Services or managing Customers' accounts.
  1. Overview

    1. The Supplier agrees to deliver the Services detailed in the order for the therein specified Service Fees.
    2. The initial service term of this Agreement shall begin on the Effective Date, and shall continue indefinitely unless terminated in accordance with the terms of this Agreement.
    3. The Customer agrees to pay Service Fees to the Supplier and to provide necessary assistance to the Supplier.
    4. The Customer represents and warrants to the Supplier that (i) the information the Customer has provided and will provide to the Supplier for purposes of establishing and maintaining Services is accurate; (ii) the Customer has not been previously suspended or banned from the use of Services; (iii) the Customer’s use of Services is compliant with all applicable laws and regulations; (iv) the Customer has the authority to enter into this Agreement and perform its obligations hereunder; and (v) if the Customer is a natural person, they are at least 18 years of age.
    5. The Supplier may modify Service Specification at will. Should the Service Specification change subsequent to the Effective Date, the Supplier has no obligation to modify Services to reflect such a change.
    6. Access-port capacity (e.g., 40 G/100 G/400 G) must be commensurate with the Customer’s 95th-percentile bandwidth commitment. The Supplier may require the Customer to either (a) increase the monthly commit or (b) right-size the access port. If unresolved by the date specified in a notice (not less than 30 days), the Supplier may schedule a downgrade to an appropriate port profile without further consent.
    7. The Supplier reserves the right to make changes to these terms at any time. To the extent the Supplier is able, the Supplier will give the Customer advance notice of these changes. If these changes materially affect the Customer's ability to use services, the Customer may terminate this Agreement within 30 days of such a change. Otherwise, the Customer's continued use of Services is the Customer's consent to be bound by the changes.
    8. In the case of conflict or ambiguity between any provision contained in the body of this Agreement and any provision contained on the Website, the provision in the body of this Agreement shall take precedence.
    9. Questions about the terms of this Agreement will be answered at email address support@datapacket.com.
    10. It is understood and agreed by both the Customer and the Supplier that communications in writing includes but is not limited to emails and such communications is to be addressed by the Customer to sales@datapacket.com and by the Supplier to the Customer’s email address as provided at sign-up.
    11. Should any addendum to this Agreement or additional appendix or service agreement be concluded between the Supplier and the Customer, any clause in such agreement shall have precedence over clauses set out in these Terms & Conditions.
  2. Payment

    1. The Supplier may require payment before the provision of Services.
    2. The Customer is fully responsible for the accuracy and completeness of all information provided (such as change in billing or mailing address, credit card expiration) and timely notification of changes of such information. The Supplier is not responsible for any misunderstanding resulting from failure to notify of these changes by the Customer.
    3. The Supplier may increase its fees for services. The Supplier has to notify the customer of such an increase via the email provided by the Customer. The Customer is entitled to terminate this Agreement during a 30 day period following such an increase. If the Customer does not give a written notice of non-renewal, the Customer shall be deemed to have accepted the new fees. The above is not applicable for Customers with individual price offers. Increase in fees for a Customer with an individual price offer is based on separate contractual addendums.
    4. The Customer cannot withhold any payment to the Supplier due to issues related to quality or availability of Services.
    5. The Customer acknowledges that the Service Fee’s amount is calculated for the entire initial service term, or entire renewal term, as applicable.
    6. All payments are non-refundable unless explicitly stated otherwise or required by applicable law.
    7. If the Customer believes that there is an error in the Service Fee calculation, the Customer has the right to request a settlement for Services.
    8. Funds deposited into the “DataPacket balance” expire after a period of 365 days. Any unused account balance is forfeited upon expiration. If money is added to the Customer’s account before the current balance expires, the existing balance will carry over to the new expiration date. The Supplier reserves the right to cancel Customer’s account 14 days after expiration.
    9. All funds deposited for Monthly Plans are non-refundable and cannot be carried over to subsequent billing periods. Any unused traffic from a prior Service Period is not transferable to the current or future Service Periods. Additionally, refunds for unused traffic are not available, either in monetary form or as DataPacket balance.
    10. All Monthly Plan payments must be prepaid in full before the start of the respective month of Services. If a Customer has enabled the Monthly Plan Auto-renewal feature, payments are automatically made X days before start of the subsequent billing period. The auto-renewal function can be disabled by the Customer anytime at https://app.datapacket.com/settings/billing.
    11. The Customer may change its Monthly Plan, including traffic volume, as described on the Website. The Customer may (i) add servers on demand at any time and (ii) upgrade to a higher plan during the current Service Period; in both cases, fees and included traffic are adjusted for the whole Service Period regardless of the day of upgrade. Downgrades take effect from the next Service Period. Changes to commitment-based packages require a separate agreement with the Supplier.
    12. All Monthly Plans are billed for the Service Periods as explained in definitions of these Terms and Conditions.
    13. All invoices are issued by the Supplier automatically within 72 hours of the payment and are available in the billing section of the client portal on the Website.
    14. If previously agreed, the Supplier might issue a draft or tax invoice prior to the payment. Payment for such invoices is due within seven days unless agreed otherwise.
    15. If the Customer fails to pay the full amount by the invoice due date, the Customer is obliged to pay a contractual penalty of 0.1% of the amount due for each day of the delay plus all costs, including reasonable attorneys’ fees, incurred to collect any unpaid amounts. The application of the contractual penalty does not affect the Customer's obligation to pay the amount due in any way.
  3. Warranties and limitation of liability

    1. The Supplier represents and warrants that Services will conform in all material aspects to the Service Specification. If the Customer notifies the Supplier in writing of any Defect in the Services, provided that the Defect is not due to misuse by the Customer or anyone authorized by the Customer, the Supplier will, at their discretion, take one of the following actions: (i) replace Services; (ii) repair Services; or (iii) terminate this Agreement immediately by written notice to the Customer and refund any Service Fees paid by the Customer as of the termination date (less a reasonable sum in respect of the Customer's use of Services to date of termination). The Customer shall provide all the information necessary to resolve the Defect in the Services.
    2. The Supplier does not represent or warrant that (i) Services will be error-free or accessible at all times (ii) the delivery of Services will be uninterrupted or without delay; or (iii) the Defects will be corrected.
    3. The Customer represents and warrants that they have the experience and knowledge necessary to use Services and that they will provide the Supplier with documentation required for implementing the Services without additional effort from the Supplier.
    4. The Customer shall not resell, re-market, or otherwise distribute any part of the Services or make them available to any third party, except with the Supplier’s prior written consent.
    5. The Customer is solely responsible for (i) all Data submitted or generated in connection with the Services and (ii) implementing and maintaining adequate procedures to reconstruct lost or corrupted Data. The Supplier shall not be liable for any loss or corruption of Data that could have been avoided by proper back-up and data integrity practices.
    6. The Customer shall, at its own expense (i) obtain and maintain all permissions, consents, licences, or approvals required to access or use the Services in all relevant jurisdictions; (ii) comply with all applicable laws, regulations, codes, and conventions related to its use of the Services; and (iii) ensure that all regulatory approvals required in connection with its use of the Services are in place or obtain appropriate relief where such approvals are not held.
    7. The Supplier shall not be responsible for unauthorized access to or alteration of the Customer's data.
    8. The Supplier shall not be responsible for services provided by third parties, regardless of whether those services appear to be provided by the Supplier.
    9. The Supplier shall have no liability for any losses or damages that may be suffered by the Customer (or any person claiming under or through the Customer), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: a) special damage even though the Supplier was aware of the circumstances in which such special damage could arise; b) loss of profits; c) loss of business opportunity; d) loss of goodwill; e) loss of data.
    10. The Customer understands and agrees that, in entering into this Agreement, either (i) they did not rely on any representations (written or oral) other than those explicitly stated in this Agreement, or (ii) if they did rely on any representations not explicitly stated in this Agreement, they shall have no remedy for such representations, and the Supplier shall have no liability except as expressly outlined in this Agreement.
    11. Notwithstanding anything else in the Agreement to the contrary, the maximum aggregate liability of the Supplier and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability and infringement) shall be a monetary payment not to exceed the amount payable by the Customer for 3 months of Service.
    12. No Party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control (force majeure) including, without limitation, any of the following: act of god, governmental act, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, flood, explosion, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry. For the avoidance of doubt, nothing in this clause shall excuse the Customer from any payment obligations under this Agreement.
    13. All other conditions, warranties or other terms which might have effect between the Parties or be implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including, without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
    14. For any unavailability, failure to meet service levels, packet loss, latency or performance shortfall of the Services, the Customer’s sole and exclusive remedy is the service credits described in the SLA, applied against future fees for the affected Service. Service credits are non-refundable, non-transferable, and may not be exchanged for cash. This clause prevails over any inconsistent remedy in this Agreement. All other claims (including confidentiality, data protection, IP infringement, or other breaches unrelated to availability/performance) remain governed by this Agreement, including the limitations and exclusions of liability.
  4. Termination

    1. Either Party may terminate this Agreement at any time by written notice to the other if the other Party: (i) is in material or persistent breach of any of the terms of this Agreement and either that breach is incapable of remedy, or the other Party fails to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach; (ii) is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); (iii) becomes insolvent, (iv) is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); (v) has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; (vi) enters into or proposes any composition or arrangement with its creditors generally; or (vii) is subject to any analogous event or proceeding in any applicable jurisdiction.
    2. Notwithstanding clause 4.1, the Supplier may at any time terminate this Agreement for any reason by written notice to the Customer.
    3. The Customer may terminate this Agreement by giving at least 30 days' written notice, provided that such notice must expire at the end of the then-current billing period. If the Customer is on a monthly plan and ceases to pre-pay, the Agreement will terminate automatically at the end of the paid period.
    4. The Customer agrees that the Supplier may suspend services to the Customer without notice and without liability if: (i) the Supplier reasonably believes that Services are being used in violation of this Agreement; (ii) the Supplier reasonably believes that the suspension of service is necessary to protect its network or its other customers; (iii) as requested by a law enforcement or regulatory agency; or (iv) the Customer fails to pay fees due. The Customer shall pay the Supplier's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
    5. On termination: (i) all rights granted to the Customer under this Agreement shall cease; (ii) the Customer shall cease all activities authorized by this Agreement; and (iii) all sums owed by the Customer under this Agreement become immediately due and payable in full.
  5. Data Protection

    1. The Customer acknowledges that the Supplier processes Customer’s and other Service users’ personal data, as defined under the relevant data protection laws including the General Data Protection Regulation (GDPR), for the purpose of complying with their obligations under this Agreement.
    2. The Customer may conclude the Contract on commissioned processing of personal data: Data Processing Agreement and warrants that it has the consent of the users to disclose their personal data and connection data to the Supplier for the purpose of using Services and that for the same purpose the users have agreed that their personal data may be transferred to territories outside the EEA.
    3. The Supplier will take all steps reasonably necessary to ensure that personal data is treated securely.
    4. The Customer agrees that the Supplier may, without notice, (i) report to the appropriate authorities any conduct by the Customer or any of the Customer Users that the Supplier believes violates applicable law, and (ii) provide any information that it has about the Customer Users in response to a formal or informal request from a law enforcement or regulatory agency, or in response to a formal request in a civil action that meets the requirements for such a request.
    5. The Supplier shall not disclose any data to third parties, but may process such data in duly anonymized and aggregated form for purposes such as internal statistics, commercial sale and promotion.
    6. The Supplier provides dedicated/bare-metal infrastructure over which Customer holds full administrative control. The Supplier does not have access to, control, or monitor the content stored on Customer’s servers, and the Supplier does not perform general monitoring of information transmitted or stored via the Services. The Supplier may process network-level telemetry and other technical metadata strictly to operate, secure, and support the Services, and may investigate suspected violations based on reports, abnormal activity patterns, or security events. Where required by law, the Supplier will disclose any information it lawfully has (e.g., subscriber details, logs, or telemetry) to competent authorities and, where legally permitted, will notify the Customer.
  6. Intellectual Property

    1. The Customer acknowledges that all intellectual property rights in the Services and any modifications to them belong, and shall continue to belong, to the Supplier. The Customer has no rights in or to the Services other than the limited right to use them in accordance with this Agreement. All intellectual property rights in any data provided by the Customer or Customer Users shall remain the property of the Customer or the respective Customer Users.
  7. Confidentiality

    1. Each Party shall, during the term of this Agreement and thereafter, keep all information confidential, and shall not use it for its own purposes (unless in accordance with clause 5.5) nor without the prior written consent of the other disclose to any third party, any information of a confidential nature (including, without limitation, trade secrets and information of commercial value) that may become known to such Party from the other Party and which relates to the other Party, unless such information is public knowledge or already known to such Party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such Party from a third party. The provisions of this clause shall remain in full force and effect for five years after the termination of this Agreement for any reason.
    2. Neither Party may use the other Party's name, logo, marks or other branding without obtaining prior written consent from the other Party.
  8. Indemnification

    1. The Customer agrees to indemnify, hold harmless and defend the Supplier from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified Parties arising out of or relating to the Customer's breach of any term or condition of this Agreement, the Customer's use of Services, any violation by the Customer of any of the Supplier's policies, and/or any acts or omissions by the Customer. In such a case, the Supplier will provide the Customer with written notice of such claim, suit or action. The Customer shall cooperate as fully as reasonably required in the defense of any claim. The Supplier reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Customer.
  9. Compliance

    1. The Customer will not use Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
    2. The Customer acknowledges and agrees that multiple alleged violations of clause 9.1 may lead to suspension of Service and a permanent ban from accessing Services, as required by applicable regulations.
  10. Waiver

    1. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
  11. Severability

    1. In the event that any of the terms of this Agreement become or are declared to be illegal or otherwise unenforceable, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, if this paragraph becomes applicable and, as a result, the value of this Agreement is materially impaired for either party, as determined by such party in its sole discretion, then the affected party may terminate this Agreement by written notice to the other.
  12. No Agency

    1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
  13. Third party rights

    1. No term of this Agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this Agreement.
  14. No Assignment

    1. The customer may not transfer or assign this Agreement, including by operation of law, without obtaining prior written consent from the Supplier, which shall not be unreasonably withheld, delayed, or conditioned.
  15. Notices

    1. Any notice required to be given pursuant to this Agreement shall be in writing and in English, and shall be sent to the other party by first-class mail or email.
    2. The Customer agrees that they shall inform the Supplier of any change in Customer’s contact details. Any notices not delivered due to a failure to inform of such change shall be deemed delivered 7 days after the reasonably attempted notice delivery.
  16. Entire Agreement

    1. This Agreement constitutes the entire agreement between the parties concerning the subject matter herein. This Agreement supersedes all prior agreements, arrangements, and understandings related to that subject matter.
  17. Survival

    1. Clauses 2.4, 2.6, 2.9, 2.15, 3.4, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 4.5, 6, 8, 10, 11, 12, 13, 14, 15, 16, 18 of this Agreement shall survive the termination or expiration of this Agreement.
  18. Governing law and jurisdiction

    1. This Agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.
  19. Order of precedence

    1. In the event of any conflict or inconsistency, the following order of precedence applies (highest first): (1) the Service Order (including any bespoke terms it expressly states), (2) these Terms and Conditions, (3) the SLA, (4) the AUP, (5) the Service Specification as published on the Website as at the Effective Date, and (6) any other policies referenced on the Website. A lower-ranked document overrides a higher-ranked document only where it expressly identifies the clause being overridden and the extent of the override.

Terms and Conditions Regarding the Use of Microsoft Products

This document concerns your use of Microsoft software, which may include associated software, media, printed materials, and "online" or electronic documentation (individually and collectively referred to as Software Products) provided by DataCamp Limited (hereinafter referred to as "DataCamp"). DataCamp does not own the Software Products and the use thereof is subject to certain rights and limitations of which DataCamp must inform you. Your right to use the Software Products is subject to your agreement with DataCamp, and to your understanding of, compliance with and consent to the following terms and conditions, which DataCamp does not have the authority to vary, alter or amend.

  1. Interpretation

    1. Device means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone," or other electronic device;
    2. Client Software means software that allows a Device to access or utilize the services or functionality provided by the Server Software;
    3. Server Software means software that provides services or functionality on a computer acting a server;
    4. Redistribution Software means the software described in Paragraph 4 ("Use of Redistribution Software") below.
  2. Ownership of software products

    1. The Software Products are licensed to DataCamp from an affiliate of the Microsoft Corporation (collectively "Microsoft").
    2. All title and intellectual property rights in and to the Software Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software Products) are owned by Microsoft or its suppliers.
    3. The Software Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
    4. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Software Products.
    5. Your possession, access, or use of the Software Products does not transfer any ownership of the Software Products or any intellectual property rights to you.
  3. Use of client software

    1. You may use the Client Software installed on your Devices by DataCamp only in accordance with the instructions, and only in connection with the services provided to you by DataCamp.
    2. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software.
  4. Use of redistribution software

    1. In connection with the services provided to you by DataCamp, you may have access to certain "sample," "redistributable" and/or software development ("SDK") software code and tools (individually and collectively "Redistribution Software").
    2. You may not use, modify, copy, and/or distribute any redistribution software unless you expressly agree to and comply with certain additional terms of your agreement with DataCamp and this document and/or your agreement with DataCamp.
    3. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by DataCamp.
  5. Copies

    1. You may not make any copies of the Software Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by DataCamp; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software).
    2. You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with DataCamp, upon notice from DataCamp or upon transfer of your Device to another person or entity, whichever occurs first.
    3. You may not copy any printed materials accompanying the Software Products.
  6. Limitations on reverse engineering, decompilation and disassembly

    1. You may not reverse engineer, decompile, or disassemble the Software Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
  7. No rental

    1. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Software Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Software Products.
  8. Termination

    1. Without prejudice to any other rights, DataCamp may terminate your rights to use the Software Products if you fail to comply with these terms and conditions.
    2. In the event of termination or cancellation of your agreement with DataCamp or DataCamp’s agreement with Microsoft under which the Software Products are licensed, you must stop using and/or accessing the Software Products, and destroy all copies of the Software Products and all of their component parts within thirty (30) days of the termination of your agreement with DataCamp.
  9. No warranties, liabilities or remedies by Microsoft

    1. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services.
    2. Any warranties, liability for damages and remedies, if any, are provided solely by DataCamp and not by Microsoft, its affiliates or subsidiaries.
  10. Product support

    1. Any product support for the Software Products is provided to you by DataCamp or a third party on DataCamp’s behalf and is not provided by Microsoft, its affiliates or subsidiaries.
  11. Not fault tolerant

    1. The Software Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted.
    2. The Software Products may contain technology that is not fault-tolerant, is not designed, manufactured, or intended for use in environments or applications in which the failure of the Software Products could lead to death, personal injury, or severe physical, property or environmental damage.
    3. You must not use the Products in any application or situation where the Software Product(s)’ failure could lead to death, personal injury, or severe physical, property or environmental damage.
  12. Export restrictions

    1. The Software Products are of U.S. origin for purposes of U.S. export control laws.
    2. You agree to comply with all applicable international and national laws that apply to the Software Products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting.
  13. Liability for breach

    1. In addition to any liability you may have to DataCamp, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
  14. Information disclosure

    1. You must permit DataCamp to disclose any information requested by Microsoft under DataCamp’s Agreement.
    2. Microsoft will be an intended third party beneficiary of your agreement with DataCamp, with the right to enforce provisions of your agreement with DataCamp and to verify your compliance.

For more information, see https://www.microsoft.com/licensing/docs.
Download the Microsoft Service Use Rights (SPUR).