Terms of Service

Last Updated: 1st of January 2025

Welcome to thedataist.org (the “Website”) under the urls https://www.thedataist.org and https://thedataist.org. These Terms of Service (“Terms”) govern your access to and use of the Website, including any subdomains, content, functionality, products, and services offered on or through thedataist.org (collectively, the “Services”). The Website is operated by The Dataist Organization (“we,” “us,” or “our”). By accessing or using thedataist.org, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website or the Services.

1. Acceptance of Terms

1.1 Binding Agreement
By creating an account, purchasing a membership price plan, or using any portion of the Services on thedataist.org, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy under https://www.thedataist.org/privacy-policy, which is incorporated herein by reference.

1.2 Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction if higher) to register for an account or use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms.

2. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on the Website or by notifying you via email or other methods. Any changes will be effective immediately upon posting unless otherwise stated. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

3. Description of Services

3.1 Membership
thedataist.org is a scientific community membership site providing resources and social network features. Certain features may be available to all visitors, while others require a paid membership.

3.2 Paid Membership
Users who opt for a paid membership gain access to exclusive features such as the forum and discussion groups and other features that are listed on the membership page at https://www.thedataist.org/plans-pricing.

3.3 Dataist Network
Each user has an individual profile page within the “Dataist Network,” where they can showcase their information, interact with others, and participate in community activities.

4. Account Registration

4.1 Registration Information
To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information promptly to keep it accurate and current.

4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for any activities or actions that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach.

5. Membership Plans and Payment

5.1 Plans
We may offer multiple membership plans with different levels of access. The details, pricing, and features of these plans are displayed on the membership page at https://www.thedataist.org/plans-pricing.

5.2 Payment Method
You must provide a valid payment method (e.g., credit card, PayPal) when signing up for a paid membership. By providing a payment method, you authorize us to charge you the membership fees and any other charges you may incur in connection with your use of the Services.

5.3 Billing Cycle
Membership fees are billed in advance on a recurring basis according to the plan you choose (e.g., monthly, annually). Membership will automatically renew at the end of each billing cycle unless you cancel before the renewal date.

5.4 Refund Policy
We do not offer refunds unless required by applicable law or otherwise stated in specific promotional or sale terms.

5.5 Price Changes
We may change the fees for paid memberships at any time. We will give you advance notice of any price changes, and you will have the opportunity to cancel your membership before such changes become effective.

6. Access to Forums and Discussion Groups

6.1 Community Guidelines
Paid members have access to our forums and discussion groups. You agree to adhere to any additional community guidelines or codes of conduct we may provide for these areas.

6.2 User-Generated Content
By posting or submitting content to the forums or discussion groups, you grant us the right to display, reproduce, and distribute such content in connection with operating and promoting the Services in accordance with our Privacy Policy.

7. User Profile in the Dataist Network

7.1 Profile Creation
All paid users have a profile page in the Dataist Network. You may customize your profile by adding content such as a username, text, images, links to your social websites, or other data, as allowed by the Website.

7.2 Profile Data Display

You can choose which information (e.g., username, social websites) is visible to other members within the Dataist Network.
By default, your username is visible within the Dataist Network, but you can select additional settings to show or hide certain profile elements (e.g., social website links, ORCID-ID, X-account).
Profile data will not be visible for non-members of thedataist.org. Inside this page you can choose to further restrict the visibility of your data inside the Dataist Network your account settings.

7.3 Responsibility for Content
You are solely responsible for all content you upload, post, or otherwise make available on your profile. You represent and warrant that you have all necessary rights, licenses, or permissions to publish any content you upload.

7.4 Visibility
Depending on your membership level and privacy settings, your profile may be visible to other users within the Dataist Network. You are responsible for any information you choose to make public, and you agree to abide by our Privacy Policy regarding the collection and use of personal data.

8. User Conduct

8.1 Prohibited Activities
You agree not to:

Violate any applicable law or regulation;
Infringe upon the rights of others, including privacy and intellectual property rights;
Post, upload, or distribute any content that is unlawful, abusive, defamatory, obscene, or otherwise objectionable;
Transmit any viruses, malware, or other harmful code;
Engage in any fraudulent, deceptive, or manipulative activities;
Use automated systems (e.g., robots, spiders) to access or scrape the Website without our express written permission.
Spread hate speech
Use this site to promote commercial products and services

8.2 Suspension or Termination
We reserve the right to suspend or terminate any user account that engages in prohibited activities or otherwise breaches these Terms, without notice or liability.

9. Intellectual Property Rights

9.1 Ownership
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, and computer code (collectively, “Content”) contained on the Website are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal, non-commercial use.

9.3 User-Generated Content
You retain all rights to the content you post or upload to the Website. By submitting content, you grant us a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the operation of the Website, the Services, and our business.

10. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites or resources. If you access any third-party website or resource, you do so at your own risk.

11. Disclaimers

11.1 No Warranty
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.

11.2 No Guarantee of Availability
We do not warrant that the Services will be uninterrupted, error-free, or secure. We reserve the right to limit the availability of the Website or Services at our discretion.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DATAIST ORGANIZATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to defend, indemnify, and hold harmless The Dataist Organization, its subsidiaries, affiliates, and their respective officers, agents, partners, and employees from and against any loss, liability, claim, demand, damages, expenses, or costs (including attorneys’ fees) arising out of or related to:

Your use of or inability to use the Website or Services;
Any content you post or submit;
Your violation of any of these Terms;
Your violation of any rights of another, including any intellectual property or privacy right;
Your violation of any applicable laws, rules, or regulations.

14. Termination

14.1 Termination by You

You may request deletion of your user account at any time by sending an email to account-deletion@thedatatist.org.
Before submitting an account deletion request, you must cancel any active subscriptions to paid membership plans; failure to do so may delay the processing of your request.
Once your account is deleted, your username may not be available for future use.

14.2 Termination by Us
We may, in our sole discretion, terminate or suspend your access to all or part of the Services at any time, without prior notice or liability, for any reason including, without limitation, if you breach these Terms.

14.3 Effect of Termination
Any fees paid prior to termination are non-refundable unless otherwise agreed to by us in writing. Sections of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by the laws of Germany, without regard to or application of its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be resolved through binding arbitration in Berlin, Germany, except that either party may seek injunctive relief without first engaging in arbitration. The parties agree to personal jurisdiction in, and exclusive venue of, the state and federal courts located in Germany.

16. Miscellaneous

16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and us regarding the use of the Website and Services.

16.2 Severability
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which will remain in full force and effect.

16.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right under these Terms shall not constitute a waiver of such right.

16.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms at our discretion without restriction.

17. Contact Us

If you have any questions or concerns regarding these Terms or the Services, please contact us via the contact form on https://www.thedataist.org/contact.

Our address is:

The Dataist Organization

Gartenstr. 7, 10115 Berlin, Germany.

By using TheDataist.org, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you are not authorized to use our Services.