These Terms and Conditions govern your participation in and use of any website, application, or web pages or other electronic services operated by Vizlib Ltd under the brand and trading name “Astrato” (the “Service”). These terms and conditions (“Terms”) set out the terms of your relationship with Vizlib Ltd (“we”, “us”) in relation to Astrato. Please read these terms carefully as they affect your rights and obligations under the law.

If you do not agree to these Terms in full, please do not register with us or otherwise continue using the Service. By using the Service, you confirm you accept these Terms and agree to comply with them.

Please also see our Privacy Notice (https://astrato.io/privacy-note/) for information about how we collect and use personal data.

1. Introduction

Our Service allows you to visualize, analyse and interact data across multiple databases.

These Terms will apply to all users of the Service (“you” or “users”). Our users may be individuals or enterprises who are benefiting from a free trial period or who have taken out a subscription with us by placing an order for a subscription (referred to as “individual subscribers” in these terms), and our users may also be employees, representatives or agents for an enterprise who has taken out a subscription with us under a separate subscription agreement. We refer to any organisation, firm or entity that employs you or with whom you work and who has taken out a subscription as ‘your employer’, even if you are not technically an employee of our subscriber.

Depending on the subscription taken out by you as an individual subscriber or your employer, levels of registration or subscription may apply. By using the Service you agree that you will be bound by these Terms, whether or not you are using the Service in a beta test, as part of a free trial, freemium offering, or as part of a subscription taken out by you or your employer.

Please note that these Terms may be amended from time to time. Notification of any changes will be made by posting new terms onto the Service. In continuing to use the Service you confirm that you accept the then current Terms in full at the time you use the Service.

The Service is a data communication service for businesses and organisations, we do not supply a consumer service and as such users are not ‘consumers’ for the purposes of applicable consumer law. If you believe you are using the Service as a consumer please contact us.

2. Registration and Subscription

We may allow access to the Service without a registration or subscription but we reserve the right to withdraw access without a registration or subscription at any time.

Unless we agree otherwise, you or your employer must obtain a valid subscription from us in order for you to gain access to the Service and the applicable subscription fees (plus any applicable VAT) must be paid before we grant access to the Service.

Unless we agree otherwise, subscription fees shall be payable via wire transfer (in which case payment is due not less than thirty (30) days from the invoice date) or using a valid debit/credit card. Irrespective of whether payment is made using a valid debit/credit card or wire transfer, only once all relevant subscription fees have been paid in accordance with these Terms (or as otherwise agreed by us) and received by us in full and cleared funds will we provide users with access to the Service. In the event access to the Service for additional users is required, relevant additional fees shall fall due.

If subscription fees are paid using a debit or credit card then contact information, billing information and debit/credit card information must be accurate and kept up to date. Payment may be taken at any time between placing an order for a subscription and us accepting the order (by way of a confirmation email). In those instances where we are unable to accept the order but payment has already been taken and processed, we will refund the full amount paid as soon as possible, using the original payment method used. Payments via debit/credit card will not be handled by us directly and will be collected and processed via our third-party payment processor.

Notwithstanding the provisions above, to the extent we have provided the Service but there remains fees due which are outstanding for thirty (30) days or more from the payment due date, we may at our discretion suspend access to the Service immediately and, we may delete user accounts including any information uploaded or otherwise inputted into the Service.

We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the Service, terminate your registration and/or subscription and restrict your access to the Service at any time for any reason.

Access to certain functionality and features (including access to certain levels of support) may be restricted or limited, depending on the subscription taken out by you as an individual subscriber or your employer.

The maximum number of users accessing and using the Service shall not exceed the number of permitted users for the relevant subscription, as agreed by us from time to time.

We reserve the right to add or remove services and functionality from any registration or subscription type or to add or remove registration or subscription types.

We may offer a free trial period during which we allow you, for a period specified solely by us, to access functionality which is usually only available to subscribers. We will give you access to the Service for up to a maximum of 5 users per organisation or enterprise. If the trial is offered for a fixed period, once the trial period ends if you or your employer does not take out a subscription we reserve the right to withdraw access to the Service. We may, at our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time. During a free trial the Service may only be used to evaluate whether the Service is suitable for your purposes and it may not be used for commercial purposes.

We may permit or require you to register an administration account with us in order for your Administrator to access the Service. An “Administrator” is an individual who is entitled to administer the Service on a subscriber’s behalf and receive information in relation to the subscriber’s users. An administration account is strictly for a specific subscriber’s use and must not be shared or otherwise accessed by individual outside of the subscriber organisation.

3. Data Protection

Any personal data held or processed as part of the Service is handled in accordance with our Privacy Notice which can be viewed here: https://astrato.io/privacy-note/.

As per the terms of our Privacy Notice, we are the controller of certain personal data which is processed by us as part of the Service.

It is agreed that for the purposes of GDPR (both as enacted under EU law and as retained in UK domestic law following Brexit) if you are using the Service as a representative of your employer who has signed a separate subscription agreement with us, then your employer is the controller and we are the processor as regards any data contained in any user-generated content which is submitted when using the Service by you (“Collaborator Personal Data”). If you are using the Service as an individual subscriber then, unless otherwise agreed, we will be the controller of Collaborator Personal Data.

To the extent that we are acting as a processor, our standard Data Processing Agreement (“DPA”) between us and your employer will govern the terms under which we collect and process the relevant Collaborator Personal Data.

We agree that the DPA is incorporated into each contract between us and your employer.

You agree to comply with applicable requirements of any laws and regulations relating to data protection in relation to your processing of Collaborator Personal Data. We agree to comply with the provisions of the GDPR and these Terms.

You are not permitted to, and hereby agree not to, upload any personally identifiable information that does not belong to you when you register with the Service. You agree that all information supplied on registration will be kept up to date at all times. We will use the information provided to us to contact you. Each user is required to provide us information which may include a name, email address, telephone number, country of residence, details of your role, employer and industry and such other information as we may reasonably request.

If we have reason to believe that there is likely to be a breach of security or misuse of the Service through your account or the use of your password, we may notify you and require you to change your passwords on our system or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Service.

4. Use and Abuse of the Service

Please note that the Service is provided strictly for the purposes of providing data visualisation tools for information purposes. We do not supply the relevant data and we cannot provide any warranty or guarantee as to its accuracy. The Service and its content is not intended to be taken as offering any view or representation in relation to any data for which a visualisation is obtained through the Service. You must always exercise your own independent judgement before relying on or using in any way any visualisation generated by the Service.

Any information you provide through your use of the Service is your personal responsibility. You will be personally liable for claims relating to negligence, defamation, breach of intellectual property, privacy or any other claim arising from your content.

You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Service we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Service and terminating your registration.

You agree that you will not:

In the event that you are informed that you will no longer be entitled to access the Service you will not be entitled to register again and you will no longer have permission to use the Service.

You agree not to upload any files or post or publish anything on the Service that contains viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s device.

5. Commercial Use

You are not entitled to resell or commercially exploit the contents of the Service. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mails or for any other use.

6. Our Liability

We will operate the Service with the reasonable skill and care of an online service provider and whilst we use our reasonable endeavours to ensure that content included in the Service is accurate, complete, reputable and up-to-date, we do not make and hereby exclude all representations, warranties or guarantees, whether express or implied, in respect of this.

Any opinions, recommendations or conclusions arising out of the use of the Service should not be regarded as definitive or relied upon to the exclusion of other information or your professional judgement.

We do not undertake detailed monitoring or supervision of content, comments or communications between users of the Service.

From time to time it may be necessary to suspend access to the Service for a period of time and any such interruptions shall not constitute a breach by us of these Terms.

To the extent permitted under applicable law, we exclude all representations, warranties, guarantees or other terms which may apply to our Service or any content on it – expressed or implied.

We will not be liable for any a) revenue loss; b) profit loss; c) loss of or damage to goodwill or reputation; d) business loss; e) financial loss; f) economic loss; g) consequential loss or h) indirect loss arising as a result of your use of the Service whether such loss is incurred or suffered as a result of our negligence or otherwise.

We will not be liable for any use of the Service other than for general information purposes.

We will not be liable if content you have posted and stored on the Service is lost, corrupted or damaged.

Unless otherwise agreed, our total liability in providing the Service shall in no circumstances exceed a sum equal to the subscription fees paid in respect of your subscription in the 12 months leading up to the relevant claim if you are an individual subscriber, or if you are using the Service as a representative of your employer the sum of £250, except for the avoidance of doubt nothing in these Terms will limit our liability for fraud, death or personal injury caused as a result of our negligence or any other liability which cannot be limited or excluded by law.

7. Renewal, cancellation and termination

Your subscription will continue in full force and effect for the period we have agreed with you or your employer (the “Initial Subscription Term”). Thereafter, your subscription will automatically renew for successive subscription periods of the same length of time as the Initial Subscription Term (each a “Renewal Period”), unless:

Cancellation of a subscription must be provided in writing in accordance with the notice periods specified in clause 7.1 by contacting customer service at hello@astrato.io, in which case the subscription will terminate upon the expiry of the Initial Subscription Term or Renewal Period (as the case may be). If the subscription is not cancelled in time and a new billing period has begun, the relevant subscription fees in respect of that new Renewal Period will still be payable and will not be refunded if paid already. If your subscription is renewed automatically in accordance with clause 7.1 then you will be charged at our then current rates for your use of the Service during the relevant Renewal Period and we reserve the right to take payment using the same debit/credit card details provided for previous subscription payments to us.

Without affecting any other right or remedy available to us, we may terminate your subscription with immediate effect by giving written notice to you if you commit a material breach of these Terms which breach is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of 30 days after being notified in writing to do so. For the avoidance of doubt non-payment of an outstanding amount which is owed to us will constitute a material breach under the Terms.

If you wish to cancel your registration as an individual user, please notify us and we will delete your registration. If you are using the Service as a representative for your employer then cancellation must be made by your employer or your employer’s Administrator with us.

If you cease to be employed or engaged by your employer who has taken out a subscription with us, your relationship with our client comes to an end or if the subscription taken out for you is terminated or otherwise comes to an end, then you will not be entitled to access the Service. We will not be liable for any loss of data you have uploaded to the Service in that event.

Posted content on the Service will remain available to other users engaged by your employer following termination of your registration.

8. Intellectual Property & Availability of the Service

By submitting user-generated content and other data into the Service you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Service to you.

The format and content of the Service is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Service.

The Service and its content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose (whether commercial or otherwise) without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Service without our express written consent. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service, except as expressly permitted by law.

Although we aim to offer you the best service possible, we make no promise or guarantee that the Service will meet your particular requirements. We cannot warrant or guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to us immediately and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

The visualisation formats and templates provided by the Service are proprietary to us and each visualisation is licensed to you for internal use within your business only. You are not permitted to publish, distribute, advertise or publicly use any visualisation without our prior written consent and any such consent (which we are entitled to refuse) may be subject to payment of an additional fee.

You agree to comply with the terms of any third party end-user licence agreement to the extent that we incorporate third party elements into the Software Service and communicate these terms to you prior to the commencement of your subscription.

9. Contact Us

If you require technical support in using the Service please click here https://help.astrato.io/en/.We will provide you with our standard customer support services during normal London business hours by email, in-product chat or web portal (at our discretion). We may vary our support services in our sole and absolute discretion from time to time. You may purchase enhanced support services and professional services separately at our then current rates.

If you have any questions about these Terms, please contact us at hello@astrato.io, or send a letter to: Vizlib Ltd, 25 North Row, Mayfair, London, England, W1K 6DJ.

10. General

You shall comply with all foreign and local laws and regulations which apply to your use of our Service in whatever country you are physically located.

These Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.

If any provision of these Terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

These Terms apply between you, the end user or individual subscriber, and us. No other person shall have any rights to enforce any of these Terms.

You are not entitled to assign or otherwise transfer any of your rights or obligations under these Terms, nor are you permitted to sub license the use (in whole or in part) of the Service without our prior written consent.

We may make changes to the format of the Service, services provided or to the Service’s content at any time without notice.

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