Terms and Conditions
 
Welcome to the MyDataNinja. These terms and conditions of use (the “Terms of Use”) govern your use of the MyDataNinja, all associated sites linked the website by MyDataNinja, its subsidiaries, and affiliates, including MyDataNinja sites around the world, and your use of our mobile apps, made available to you through the Apple App Store and Google Play Store (collectively, the “Site(s)”). The Sites are property of MyDataNinja LTD (“MyDataNinja,” “we,” or “us”), and MyDataNinja operates the Site to provide online access to and information about MyDataNinja and the products, services, and opportunities we provide. Use of MyDataNinja products, software, and services (collectively, our “Services”), accessible through our Sites, are governed by separate terms and conditions either provided on the Site or by other means to you from MyDataNinja.
 
BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
 
By checking the ‘I Agree with MyDataNinja’s Terms & Conditions’ box, You agree to be bound by these Terms at the date You register as a customer of MyDataNinja.
 
MyDataNinja reserves the right, at its sole discretion, to make changes to the Site and these Terms of Use and Privacy Policy at any time. Each time you use the Site, you should visit and review the then-current Terms of Use and Privacy Policy that apply to your transactions and use of this site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you are dissatisfied with the Site, its content, or our Terms of Use and Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Site, unless expressly altered by another agreement you have with MyDataNinja.
 
MyDataNinja LTD, a company incorporated in Republic of Georgia (under company registration number 405383393 ) with registered office at Tbilisi, Georgia, further referred to as “We” or “MyDataNinja” or “Us” or “Our”, and
The party ordering or signing an order to become a Customer of MyDataNinja, further referred to as “Customer” or “You” or “Your”
 
Each Order shall incorporate all of the terms and conditions of this Agreement, and is also incorporated herein by reference. These terms and conditions (“Terms”) govern your participation in and/or use of MyDataNinja.
 
 
Our Services
 
(“MyDataNinja” or “we”) is a proprietary web application software that creates, tracks and manages online advertising campaigns with third party advertising networks as described in any Order agreed to by you (the “Services”). MyDataNinja is hosted on servers, based in Frankfurt or Georgia and is made available to You through by domain https://mydataninja.com
 
 
License and Access
 
DataNinja LTD hereby grant You a non-exclusive, non-assignable and non-transferable right during the Term (section 11) to use Our software in compliance with the Terms and Conditions set forth herein. All rights that are not expressly granted to you are reserved by MyDataNinja.
 
You are solely responsible for Your use of our software and by any of Your employees, agents or any other person, whether they have permission of it or not. You shall not allow any third party to use or gain access to your accounts.
 
You shall not permit any third party to use or access MyDataNinja and shall use all reasonable security measures to protect against such un-authorized usage and/or access.
 
 
Customer Responsibilities
 
You and only you are responsible to provide Us with true, accurate and current information and shall maintain all account information, ensuring it is true and up-to-date.
 
You, not Us, shall have sole responsibility for all text, logos and images (“Customer Content”), all advertisements and any website reachable from the advertisements generated using the Services.
 
You are solely responsible for the accuracy, quality, integrity, legality and intellectual property ownership or tight to us all Customer Data (as defined in 4(1)), and MyDataNinja shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
 
Your content shall comply with all requirements set forth by third party advertising networks, such as but not limiting to Google, Microsoft and Facebook, including the trademark policies, editorial guidelines and creative limitations posted therein. You hereby authorize Us to allow Customer Content and advertisements to be published throughout to the advertising networks included in the Services.
 
If you do not comply with both Third party advertising networks' Terms and Our Terms, any of the following actions may be taken: (1) your ad might be rejected by Third party Advertising network or Us; (2) we might suspend or terminate your MyDataNinja account.
 
When a company or corporate entity, You represent and warrant that Your company or corporate entity is properly incorporated or properly able to perform acts in law.
 
When acting on behalf of another party (whether they be an individual or a company), You represent and warrant that You have full legal authority to enter into a contract with Us on behalf of that party.
 
You shall not use Us for any illegal, obscene, offensive or immoral purpose.
 
You shall ensure that all materials provided by You are free from viruses, worms, Trojan horses and other malicious code.
 
We reserve rights to terminate your account on any non-legal usage of MyDataNinja, or not complying our third party partner’s requirements, without further notice. Please, contact us for refund policies in such case.
 
 
Our Services
 
We have no obligation to review Your use of MyDataNinja. We do not control, nor are We to be held responsible for, Your use of Our services or any other content that You send or receive through MyDataNinja.
 
Intellectual Property, Proprietary Rights
 
You shall not rent, lease, sublicense, distribute, transfer, copy or modify MyDataNinja.
 
You shall not adapt MyDataNinja in any way or use it to create a derivative work.
 
You shall not translate, decompile, or create or attempt to create, by way of reverse engineering or otherwise, the source code of Our services.
 
All algorithms, Artificial Intelligence, methods of computation and data processed by Us to create, optimize and measure advertising campaigns or any other data of statistical nature necessary for the proper functioning of MyDataNinja or a feature thereof (“Processed Data”), are and shall remain Our sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto. We reserve all rights not expressly granted to You herein.
 
 
Privacy & Confidentiality
 
You agree to the terms of MyDataNinja’s privacy policy at https://mydataninja.com/landing/privacy-policy/ which may be viewed on the Our website (the “Site”), and which may be modified by Us in its reasonable discretion from time to time.
 
You agree that during the course of this Agreement, information that is confidential or proprietary may be disclosed between us including but not limited to: software, technical processes, formulas, source code, sales, costs, other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, and marketing data (“Confidential Information”). You shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the Confidential Information to others except as expressly provided for herein. You agree to secure and protect the Confidential Information in a manner consistent with the maintenance of Our rights therein. You shall use Your best efforts to assist Us in identifying and preventing any unauthorized access, use, copying, or disclosure of the Confidential Information, or any component thereof, or any of the algorithms or logic contained therein. Without limitation of the foregoing, You shall advise Us immediately in the event that You learn or have reason to believe that any person to whom You have given access to the Confidential Information has violated or intends to violate the confidentiality of the Confidential Information or any of Our proprietary rights. You will, at Your expense, cooperate with Us in seeking injunctive or other equitable relief in the name of You or Us against any such person. You agree to maintain the confidentiality of the Confidential Information using at least as great a degree of care as, You use to maintain the confidentiality of Your own confidential information, and in no event less than a reasonable degree of care.
 
You acknowledge that the disclosure of any aspect of the Confidential Information or any other Confidential Information referred to herein, or any information which, at law or equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Us inadequately compensable in damages to law, and We are entitled to seek and obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available. In addition, We may immediately terminate Your account and all license rights granted herein, in the event You breach any of Your confidentiality obligations.
 
 
Payment and Fees
 
Pricing is based on Your chosen plan, and reflects the offering MyDataNinja on Our website at the time You entered into this agreement.
 
You must provide MyDataNinja with a valid credit card or bank automatic clearing house validation as a condition to signing up for the Services. You represent that you are authorized to provide any credit card or bank account information you use to sign up for the Services.
 
You shall pay all fees to your account in accordance with the fees and billing terms in the applicable Order.
 
The first billing period begins on the date of registration as an Shown customer and ends the day before the date of the following month that corresponds to the date of registration. 
 
Subsequent billing periods shall begin on the date of each month that corresponds to the date of registration and end the day before that date in the following month.
 
MyDataNinja's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. MyDataNinja reserves the right to suspend the Services if you are late paying the fees for an Order.
 
 
Term
 
These Terms are effective as long as You are a registered user of MyDataNinja. We will provide the services to You on a month-to-month basis.
 
 
Termination
 
Either You or Us (“Party”) may terminate this agreement at any time by providing notice to the other Party. Regardless of the circumstances such termination shall not give rise to liability.
 
In the event of any termination, You shall not be entitled to any refunds of any fees. Any outstanding balance for Your use of MyDataNinja rendered through the date of termination, and any other unpaid payment obligations incurred during the remainder of the billing period, shall be immediately due and payable in full. All data, files, or other information stored in Your account shall not longer be available to You.
 
The termination of this agreement shall automatically, and without further action by Us, terminate and extinguish Your right to use MyDataNinja.
 
 
 Limitation of Liability
 
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL MYDATANINJA, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, ITS CONTENT, STATEMENTS, AND OTHER INFORMATION CONTAINED THEREIN, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE, EVEN IF MYDATANINJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, MYDATANINJA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, MYDATANINJA’s LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS PAID FOR SUCH TRANSACTION, PRODUCT, OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR (2) 100.00 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
 
 
Acceptance/Confirmation
 
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MyDataNinja reserves the right at any time after receipt of your order to accept or decline your order for any reason.
 
 
Law and Jurisdiction
 
The Customer accepts at all times the use and application of the law in force under the Georgian legislation The area of jurisdiction of MyDataNinja is Georgia and any litigation of a legal-administrative nature will be resolved in the courts of Tbilisi, Georgia. The Customer agrees to be in compliance with these general conditions for the use and enjoyment of the services offered by MyDataNinja and its website. 
 
 
Errors on Within Our Site and Digital Millennium Copyright Act Notice (DMCA)
 
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and MyDataNinja reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or comissions, including after an order has been submitted, whether or not the order has been confirmed and whether or not you have been charged.
 
If you believe that any material on, in, or connected to the Site constitutes copyright infringement, you shall provide MyDataNinja with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.