Last Modified: 27 August 2021
Acceptance of the Terms of Use
These Terms of Use are effective August 27, 2021.
Terms of Use
Welcome to tomtA. We enable you to safely share and use anonymized data at an atomic level at scale in both test and prediction environments to create ML products that matter. Pridatex Corp., d/b/a “tomtA” and its affiliates (“tomtA,” “we,” or “us”) is located in Fremont, CA, United States. We provide our services to you through your use of tomtA websites, domains, apps, software products, services, and features (collectively, “tomtA Services”). These Terms of Use are applicable to you. By using the tomtA Services, you agree, on behalf of yourself and anyone who uses any tomtA Service under your account, to the following conditions.
Please Read Carefully
By accessing or using tomtA Services you acknowledge and agree that you have read, understand, and agree to be bound by these Terms of Use as a legally binding contract with tomtA (even if you are using the tomtA Services on behalf of a company), so please take a moment to read these legally binding terms. When you use any tomtA Service you must also adhere to the guidelines, terms and agreements applicable to that particular tomtA Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control your use of those tomtA Services.
MANDATORY ARBITRATION: IF YOU ACCESS tomtA SERVICES FROM THE UNITED STATES, PLEASE REVIEW THE ARBITRATION SECTION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH tomtA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
Privacy
Your privacy is important to us. Please review our Privacy Policy, found at tomtA Privacy Policy – August 2021 (the “Privacy Policy”), which also governs your use of tomtA Services, to understand our practices and how they may affect you.
Non-US Residents. For the purposes of the EU data protection law, tomtA is the controller of the personal data of non-United States users and visitors collected, used and shared through tomtA Services. tomtA may transfer personal data outside the EU in accordance with law, in particular to Pridatex Corp. in the US. If you are a non-US user or visitor, then by continuing to use tomtA Services, you acknowledge that we may transfer and store your data outside your home country, including to and in the United States in order to provide tomtA Services. The privacy protections and the rights of authorities to access your personal information in the countries to which we transfer data may not be the same as in your home country. tomtA will only transfer personal data as permitted by law, and will take steps intended to ensure appropriate protection of your personal information; please review our tomtA Privacy Policy – August 2021 for details. If you have questions, please [contact us].
Eligibility
You may not use tomtA Services if: (1) we previously disabled your account for violations of our Terms of Use or policies for any tomtA Service or for any other reason; or (2) you are prohibited from receiving tomtA Services under applicable law. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to these Terms of Use on your behalf.
Changes to these Terms of Use
We may revise and update these Terms of Use from time to time in our We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the tomtA Services. Your continued use of the tomtA Services following the posting of revised Terms of Use means that you accept and agree to the changes.
Accessing the tomtA Services and Account Security
You are responsible for making all arrangements necessary for you to have access to the tomtA Services and maintaining the accuracy of any information you submit to tomtA in relation to your access and use of the tomtA Services.
To access the tomtA Services or some of the resources they offer, you may be asked to provide certain registration details or other information. You warrant that all the information you provide on or through the tomtA Services is correct, current, and complete. All information you provide to register for the tomtA Services or otherwise, including, but not limited to, through the use of any interactive features on the tomtA Services, is governed by the Privacy Policy.
You must treat your username, password, or any other piece of information used as part of our security procedures as confidential. Your account is personal to you and you may not provide any other person with access to the tomtA Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. If you are accessing or using tomtA Services on behalf of another person or entity, you represent that you are authorized to accept these Terms of Use on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms of Use.
Intellectual and other Property Rights
The tomtA Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by tomtA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The tomtA name and all related names, logos, product and service names, designs, and slogans are trademarks of tomtA or its affiliates or licensors. You must not use such marks without the prior written permission of tomtA. All other names, logos, product and service names, designs, and slogans on the tomtA Services are the trademarks of their respective owners.
Use of Our Products.
If you download and install any tomtA product, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use and access the tomtA Services and the information contained in the tomtA Services for your personal, non-commercial use through specified operating systems only in accordance with these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our tomtA Services.
Prohibited Use of Our Products
You will not: (a) modify copies of any materials from the tomtA Services; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You will not: (a) monitor, copy, reproduce, modify, adapt or create derivative works of the tomtA Services; (b) conduct any systematic retrieval of data or other content from the tomtA Services, like creating a deep-link to the tomtA Services or accessing the tomtA Services with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the tomtA Services or any content on the tomtA Services; (c) share, transfer, distribute, sell, or sublicense the tomtA Services to a third party; (d) incorporate or use the tomtA Services into a product or service that you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the tomtA Services intended to limit use or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the tomtA Services, the server on which the tomtA Services are stored, or any server, computer, or database connected to the tomtA Services; (f) attack the tomtA Services via a denial-of-service attack or a distributed denial-of-service attack; (g) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the tomtA Services; (h) remove or alter any proprietary or other notices contained in the tomtA Services; (i) use the tomtA Services for competitive analysis or to build competitive products; (j) use the tomtA Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the tomtA Services, including their ability to engage in real time activities through the tomtA Services; (k) use the tomtA Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or (l) encourage or assist any third party to do any of the foregoing.
You will not: (a) use the tomtA Services for unlawful, obscene, immoral, unethical, offensive or fraudulent purposes, (b) input in the tomtA Services any information that contains any personal information of minors or that is unlawful, obscene, offensive or violates third party rights; (c) use the tomtA Services to exploit or harm individuals; or (d) use the tomtA Services to interfere with or violate the integrity or security of a network or system, evading filters, sending unsolicited, abusive or deceptive messages, or viruses or harmful code.
tomtA Websites and Social Media Features
You may link to our Website homepages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The tomtA Services may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the tomtA Services; (b) send emails or other communications with certain content, or links to certain content, on the tomtA Services; or (c) cause limited portions of content on the tomtA Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. You will not: (a) establish a link from any website that is not owned by you; (b) cause the tomtA Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or (c) link to any part of the Websites other than the homepages.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Geographic Restrictions
The owner of the tomtA Services is based in the United States. We provide the tomtA Services for use only by persons located in the United States and Canada. We make no claims that the tomtA Services or any of their conteThe owner of the tomtA Services is based in the United States. We provide the tomtA Services for use only by persons located in the United States and Canada. We make no claims that the tomtA Services or any of their content is accessible or appropriate outside of the United States or Canada. Access to the tomtA Services may not be legal by certain persons or in certain countries. If you access the tomtA Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE tomtA SERVICES AND THEIR CONTENT IS AT YOUR OWN RISK. THE tomtA SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. tomtA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER tomtA NOR ANY PERSON ASSOCIATED WITH tomtA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE tomtA SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER tomtA NOR ANYONE ASSOCIATED WITH tomtA REPRESENTS OR WARRANTS THAT THE tomtA SERVICES AND THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THE tomtA SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE tomtA SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL tomtA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE tomtA SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE tomtA SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT IN THE AGGREGATE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID tomtA IN THE PRIOR SIX (6) MONTHS, IF ANY. tomtA’S SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE tomtA SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify, and hold harmless tomtA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the tomtA Services, including, but not limited to, your User Contributions, any use of the tomtA Services’ content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the tomtA Services.
Governing Law and Jurisdiction
All matters relating to the tomtA Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, USA without giving effect to any choice or conflict of law provision or rule.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND tomtA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND tomtA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
Agreement to Arbitrate. You and tomtA mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between you and tomtA, its related and affiliated companies, and/or any current or former employee, officer, or director of tomtA or any related or affiliated company. you and tomtA agree that this Arbitration and Class Action Waiver Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms of Use and any tomtA Services terminate. Any revision to or termination of the Terms of Use that modify or terminate this Arbitration and Class Action Waiver Section shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
Claims Subject to Arbitration. Other than the exceptions listed below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms of Use (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the tomtA Services, or the provision of content, services, and/or technology on or through the Websites, App or otherwise to the fullest extent allowed by law.
Claims Not Covered by Arbitration, Jurisdiction, and Venue. The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of law (including but not limited to claims by California residents under the California Private Attorney General Act of 2004 (“PAGA”), to the extent exclusion from arbitration is required by California law, and claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.
Any Excluded Claims arising out of, or related to, these Terms of Use or the tomtA Services shall be instituted exclusively in the state and federal courts located in the City of Santa Clara and County of Santa Clara, California, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
In the event you or tomtA chooses to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.
Class Action Waiver. Except as otherwise required under applicable law, you and tomtA agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms of Use may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.
Arbitrability Determinations. If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Arbitration and Class Action Waiver Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver Section, including the Class Action Waiver.
Arbitration Rules, Procedures, and Costs. To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the representatives of the other party. You and tomtA agree that the arbitration shall be administered by JAMS before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by JAMS. Except to the extent that they are modified by the rules below, if you are an individual person, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply. Except to the extent that they are modified by the rules below, if you are not an individual person, but are an entity or company, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply.
The parties agree that the applicable JAMS rules are modified as follows:
(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under California law;
(b) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law;
(c) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award;
(d) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s);
(e) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication;
(f) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing;
(g) The Federal Rules of Evidence shall apply to all arbitration proceedings;
(h) For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (i) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (ii) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
(i) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(j) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(k) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(l) If you initiate arbitration, you will pay the first $250, and tomtA will pay all other filing, administrative, or hearing fees. If you are an individual person and tomtA initiates arbitration, tomtA will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys’ fees and costs.
If any term or condition in this Arbitration and Class Action Waiver Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver Section shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the City of Santa Clara and County of Santa Clara, California, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
General
No waiver by tomtA of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of tomtA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Policy and any other relevant agreement to the tomtA Services constitute the sole and entire agreement between you and tomtA regarding the tomtA Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the tomtA Services.