PLAYFAIR DATA
TERMS OF USE

Last updated: March 26, 2025

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Playfair Data, LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of https://playfairdata.com/, including any content, functionality, and services offered on or through https://playfairdata.com/ (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT HTTPS://PLAYFAIRDATA.COM/PRIVACY-POLICY/, INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

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Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM, AND APPLY TO ALL ACCESS TO AND USE OF THE WEBSITE THEREAFTER. However, any changes to the dispute resolution provisions set out herein will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (https://playfairdata.com/privacy-policy/), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Access to portions of the Website that require registered user access (“Playfair+“) are subject to the Playfair+ User License Agreement (https://playfairdata.com/user-license-agreement/) and by accessing Playfair+, you agree to the terms of the Playfair+ User License Agreement.

Intellectual Property Rights

The Website and its 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) (collectively the “Content“) are owned by the Company, 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.

Ownership and license to the Content is governed by the Copyright Use and Notice Policy (https://playfairdata.com/copyright-policy/), which is incorporated herein by reference and made part of these Terms of Use.

Trademarks

The Company name, the term Playfair+, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks (“Trademarks“) of the Company or its affiliates or licensors. You must not use such Trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyright Infringement

If you believe that any Content violates your Copyright, please see our Copyright Notice and Use Policy (https://playfairdata.com/copyright-policy/) for instructions on sending us a notice of copyright infringement.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

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).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in these Terms of Use without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Website may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the Content on this Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the Content on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy (https://playfairdata.com/privacy-policy/). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All payments for and access to Playfair+ are governed by the Playfair+ User License Agreement (https://playfairdata.com/user-license-agreement/).

Linking to the Website and Social Media Features

You may link to our homepage, 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 without our express written permission.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain Content on this Website.
Send emails or other communications with certain Content, or links to certain Content, on this Website.
Cause limited portions of Content on this Website 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, solely with respect to the Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you (notwithstanding the foregoing, you may establish a link from a social media profile that is controlled by you).
Cause the Website 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.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

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 sole discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Kansas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, 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. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE WILL BE TO STOP ACCESSING THE WEBSITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST SIX MONTHS FOR PRODUCTS OR SERVICES PROVIDED DIRECTLY THROUGH THE WEBSITE AND OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU AGREE THAT THE LIMITS ON LIABILITY IN THESE TERMS OF USE REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE WEBSITE AND THE CONTENT THEREON WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, 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 actual or alleged violation of these Terms of Use, use of the Website, use of the Website’s Content, services, and products other than as expressly authorized in these Terms of Use, or use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website 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 Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction).

At Company’s sole discretion, it may require that any disputes arising out of, or relating to, these Terms of Use (including formation, performance, breach, enforceability, and validity of these Terms of Use) or our operation of the Services shall be resolved by final and binding arbitration to be held in the English language in Johonson County, Kansas pursuant to the rules of the American Arbitration Association. Upon Company’s exercise of this arbitration option, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, but not limited to, any claim that all or any part, of these Terms of Use is void or voidable. Further, if you are located outside of the United States, Company retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other appropriate country. If Company’s option to arbitrate is for any reason found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Kansas City, Kansas to resolve your claim.

Company may bring a lawsuit for specific performance, including injunctive relief, to stop your alleged unauthorized use or abuse of the Website, including to stop your alleged infringement of Company’s intellectual property rights. Such unauthorized use or infringement will cause irreparable harm to Company, the exact amount of which is difficult or impossible to ascertain, and for which the remedies at law will be inadequate. You consent to the jurisdiction of the state and federal courts in Kansas City, Kansas in connection with such a lawsuit.

You agree that you may only bring disputes against Company in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including any federal or state class action or class arbitration. Class arbitrations, class actions, and similar collective proceedings are not allowed.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company 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 the Company 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.

Entire Agreement

The Terms of Use, the Privacy Policy, and the Playfair+ User License Agreement constitute the sole and entire agreement between you and Playfair Data, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Playfair Data, LLC, a Kansas limited liability company with a mailing address at PO Box 8111, Prairie Village, Kansas 66208.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Use and Notice Policy (https://playfairdata.com/copyright-policy/) in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].

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PLAYFAIR DATA
PLAYFAIR+ USER LICENSE AGREEMENT

Last updated: March 26, 2025

This Playfair+ User License Agreement (this “Agreement“) is a binding agreement between Playfair Data, LLC (“Playfair“) and the person or entity (“Customer“) who has registered for access to the Playfair+ platform (the “Platform“, described in further detail below).

PLAYFAIR PROVIDES THE PLATFORM SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT CUSTOMER ACCEPTS AND COMPLIES WITH THEM. BY REGISTERING FOR ACCESS TO THE PLATFORM AND ACCESSING THE PLATFORM CUSTOMER (A) ACCEPTS THIS AGREEMENT AND AGREE THAT CUSTOMER IS LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT CUSTOMER IS 18 YEARS OF AGE OR OLDER. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLAYFAIR WILL NOT AND DOES NOT LICENSE ACCESS TO THE PLATFORM TO CUSTOMER AND CUSTOMER MUST NOT ACCESS THE PLATFORM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR CUSTOMER’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY ACCESS TO THE PLATFORM THAT CUSTOMER GAINS IN A MANNER THAT IS NOT LAWFUL OR LEGITIMATE.‌

Definitions.

1. “Aggregated Statistics” means data and information related to Customer’s use of the Services that is used by Playfair in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
2. “Content” means the videos, guides, images, and documentation provided by Playfair to Customer as part of the Services.
3. “Customer Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer through the Services.
4. “License Level” means the combination of content and level of access to the Platform that Playfair provides Customer according to the Fee level paid by Customer, defined by the description of Services found on the pricing page of the website.
5. “Playfair IP” means the Services, the Content, and any and all intellectual property provided to Customer in connection with the foregoing. For the avoidance of doubt, Playfair IP includes Aggregated Statistics and any information, data, or other content derived from Playfair’s monitoring of Customer’s access to or use of the Services, but does not include Customer Data.
6. “Services” means the services and Content offerings provided through the Platform and accessed through the website.
7. “Third-Party Products” are products provided through the Platform that are provided by a third party, including Badges.
8. “Website” means the website accessed by the URL https://playfairdata.com, including any associated subdomains.

Access and Use.

1. Provision of Access. Subject to and conditioned on Customer’s payment of Fees and compliance with all other terms and conditions of this Agreement, Playfair hereby grants Customer a non-exclusive, non-transferable, personal right to access and use the Services during the term, solely in accordance with the terms and conditions herein and according to Customer’s License Level. Such use is limited to Customer’s personal use.
2. Content License. Subject to the terms and conditions contained in this Agreement, Playfair hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use the Content in Customer’s License Level during the term solely for Customer’s personal or internal business purposes in connection with its use of the Services.
3. Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, to: (i) copy, modify, or create derivative works of the Services or Content, in whole or in part, other than for personal use; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Content or any derivative works thereof; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to improperly derive or gain access to any portion of the Platform for which Customer is not given access, in whole or in part; (iv) remove any proprietary notices from the Services or Content; or (v) use the Services or Content in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
4. Reservation of Rights. Playfair reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Playfair IP.
5. Suspension. Notwithstanding anything to the contrary in this Agreement, Playfair may temporarily suspend Customer’s access to any portion or all of the Services if: (i) Playfair reasonably determines that (A) there is a threat or attack on any of the Playfair IP; (B) Customer’s use of the Playfair IP disrupts or poses a security risk to the Playfair IP or to any other Customer or vendor of Playfair; (C) Customer, is using the Playfair IP for fraudulent or illegal activities; or (D) Playfair’s provision of the Services to Customer is prohibited by applicable law; (ii) any vendor of Playfair has suspended or terminated Playfair’s access to or use of any third-party services or products required to enable Customer to access the Services; or (ii) in accordance with Section 6(i) (any such suspension described in subclause (i) or (ii), a “Service Suspension“). Playfair will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer may incur as a result of a Service Suspension.
6. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Playfair may monitor Customer’s use of the Services and collect and compile Aggregated Statistics. As between Playfair and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Playfair. Customer acknowledges that Playfair may compile Aggregated Statistics based on Customer Data input into the Services. Customer agrees that Playfair may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer or Customer’s Confidential Information.

Customer Responsibilities.

1. General. Customer is responsible and liable for all uses of the Services and Content resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.
2. Third-Party Products. Playfair may from time to time make Third-Party Products available to Customer. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions and the applicable flow-through provisions provided by that third-party provider. If Customer does not agree to abide by the applicable terms for any such Third-Party Products, then Customer should not access or use such Third-Party Products. Playfair is not liable for any Customer Data that Customer provides to the third-party provider. Customer further agrees that Playfair will not be liable for any action or inaction of the third-party provider, including its collection, storage, processing, sharing, selling or other treatment of Customer Data that Customer provides to the third-party provider.
3. User Credentials. If Customer chooses, or is provided with, a username, password, or any other piece of information as part of the Platform’s security procedures, Customer must treat such information as confidential, and must not disclose it to any other person or entity. Customer also acknowledges that its account is personal to Customer and agrees not to provide any other person with access to the Platform or portions of it using Customer’s username, password, or other security information. Customer agrees to notify Playfair immediately of any unauthorized access to or use of Customer’s username or password or any other breach of security. Customer also agrees to exit from Customer’s account at the end of each session. Customer should use particular caution when accessing Customer’s account from a public or shared computer so that others are not able to view or record Customer’s password or other personal information. Playfair has the right to disable any username, password, or other identifier, whether chosen by Customer or provided by Customer, at any time in Playfair’s discretion for any or no reason, including if, in Playfair’s opinion, Customer has violated any provision of this Agreement.

Digital Badges. Playfair has partnered with a third-party provider to offer digital badges as a way for Customer to share and validate achievements. These badges are secure and consist of an image and metadata that is uniquely linked to Customer’s achievements. To receive a badge, Customer must complete the relevant badge requirements as set by Playfair, which may include training course(s) provided and/or examinations. Upon successful completion of the badge requirements, Customer will receive an email from the third-party provider with instructions on claiming the badge. The third-party provider may communicate directly with Customer. After Customer completes the steps as indicated, Customer will be able to share the badge to social media sites and via other digital methods. Please note that Customer may need to provide personal information to the third-party provider to claim the badge. Playfair is not liable for any personal information Customer provides to the third-party provider and any personal information provided to the third-party provider shall be subject to their terms and conditions and privacy policies. Playfair recommends that Customer reviews such documents before providing any personal information to the third-party provider.

Service Levels and Support. This Agreement does not entitle Customer to any support for the Services.

Fees and Payment. Customer shall pay Playfair the fees (“Fees“) as set forth on the pricing page of the website, as Playfair may update them from time to time, without offset or deduction. If Customer fails to make any payment when due, without limiting Playfair’s other rights and remedies: (i) Playfair may immediately terminate Customer’s access to the Platform and license to the Service; and (ii) Customer shall reimburse Playfair for all costs incurred by Playfair in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees.

Intellectual Property Ownership; Feedback.

1. Playfair IP. Customer acknowledges that, as between Customer and Playfair, Playfair owns all right, title, and interest, including all intellectual property rights, in and to the Playfair IP and, with respect to Third-Party Products, the applicable third-party companies own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.
2. Customer Data. Playfair acknowledges that, as between Playfair and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Customer hereby grants to Playfair a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Playfair to provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics.
3. Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Playfair by mail, email, telephone, or otherwise, suggesting or recommending changes to the Playfair IP, including without limitation, new features, content, or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), Playfair is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Playfair on Customer’s behalf, and on behalf of its employees, contractors, and/or agents, all right, title, and interest in, and Playfair is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Playfair is not required to use any Feedback.

Warranty Disclaimer.

1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PLAYFAIR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PLAYFAIR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND PLAYFAIR DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE SERVICES. PLAYFAIR MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY CONTENT, PRODUCTS, OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY PLATFORM, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
2. Not every jurisdiction allows the warranty disclaimers contained in Section 8(a), therefore, to the extent that such disclaimers exceed what is permissible under applicable law, the disclaimers are restricted only to what is permissible under applicable law.

Website Availability and Uptime Disclaimer. NO GUARANTEE OF CONTINUOUS OR UNINTERRUPTED ACCESS. WHILE PLAYFAIR STRIVES TO PROVIDE A RELIABLE AND ACCESSIBLE WEBSITE, PLAYFAIR DOES NOT GUARANTEE THAT THE WEBSITE OR PLATFORM WILL BE AVAILABLE AT ALL TIMES OR FUNCTION WITHOUT INTERRUPTION OR ERROR. THE WEBSITE OR PLATFORM MAY BE UNAVAILABLE FROM TIME TO TIME FOR VARIOUS REASONS, INCLUDING BUT NOT LIMITED TO: (I) SCHEDULED MAINTENANCE, (II) EMERGENCY MAINTENANCE, (III) SYSTEM FAILURES, OR (IV) CIRCUMSTANCES BEYOND PLAYFAIR’S CONTROL (E.G., FORCE MAJEURE EVENTS).

Customer Indemnification. Customer shall indemnify, hold harmless, and, at Playfair’s option, defend Playfair from and against any Losses resulting from any actual or threatened third-party claim (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights, or (ii) based on Customer’s ’s (1) negligence or willful misconduct; (2) use of the Services in a manner not authorized by this Agreement; (3) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Playfair or authorized by Playfair in writing; or (4) modifications to the Services not made by Playfair, provided that Customer may not settle any Third-Party Claim against Playfair unless Playfair consents to such settlement, and further provided that Playfair will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.

Limitations of Liability.

1. IN NO EVENT WILL PLAYFAIR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PLAYFAIR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PLAYFAIR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO PLAYFAIR UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
2. PLAYFAIR SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM: (I) THE UNAVAILABILITY OR INACCESSIBILITY OF THE WEBSITE OR PLATFORM; (II) ANY INTERRUPTION IN THE FUNCTIONALITY OF THE WEBSITE OR PLATFORM; (III) DELAYS IN OPERATION OR TRANSMISSION; (IV) NETWORK OR SYSTEM OUTAGES; (V) ANY BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS THAT MAY INFECT CUSTOMER’S EQUIPMENT DUE TO USE OF THE WEBSITE OR PLATFORM.

Term and Termination.

1. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect until one year from such date (the “Initial Term“). This Agreement will automatically renew for successive one-year terms unless earlier terminated pursuant to this Agreement’s express provisions (each a “Renewal Term” and together with the Initial Term, the “Term“).
  - Legacy Members. If Customer signed up under a legacy subscription for lifetime or monthly access (“Legacy Plan“), such access shall continue as long as Customer maintains the account. If the account is closed or otherwise terminated for any reason, it will not be able to be reopened under a Legacy Plan. Customers with a Legacy Plan have access to those features that were provided at the time they signed up and may not have access to subsequent features released after the creation of their account under the Legacy Plan. Access to the new features will require Customer to change the Legacy Plan to a License Level currently advertised on the website.
2. Termination. In addition to any other express termination right set forth in this Agreement:
  - Playfair may terminate this Agreement, effective on written notice to Customer, with or without cause. If Playfair terminates this Agreement without cause prior to the end of the then-current Term, Playfair shall refund any unused pro-rata portion of any Fees paid in advance.
  - Customer may terminate this Agreement at any time. In no event shall Playfair refund any portion of paid fees if Customer terminates prior to the end of the then-current term.
3. Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue use of the Services and Customer shall delete, destroy, or return all copies of the Playfair IP and, upon request from Playfair, certify in writing to the Playfair that the Playfair IP has been deleted or destroyed. No expiration or termination will affect Customer’s obligation to pay all Fees that may have become due before such expiration or termination or entitle Customer to any refund for Fees paid on or prior to the date of Termination.
4. Survival. This Section 12(d) and Section 1, 2(e), 2(f), 3(a), 4, 7, 10, 11, 12(c), and 13 and the Website Terms of Service and Privacy Policy survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.

Miscellaneous.

1. Entire Agreement. This Agreement, together with the Website Terms of Service (https://playfairdata.com/terms-of-use/) and the Privacy Policy (https://playfairdata.com/privacy-policy/) and any other documents incorporated herein or therein by reference, constitutes the sole and entire Agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement and the Website Terms of Use and Privacy Policy, the following order of precedence governs: (i) first, this Agreement; (ii) second, the Website Terms of Use; and (iii) third, the Privacy Policy.
2. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice“) must be in writing and, if addressed to Playfair, sent via certified mail return receipt requested to the address provided for legal correspondence in the Website Terms of Use and, if addressed to Customer, sent to the email address used to register for the Services.
3. Amendment and Modification; Waiver. Playfair reserves the right to amend this Agreement in its sole discretion, without notice. Playfair shall post the date of the latest amendment at the top of this Agreement to assist Customer, but failure to do so shall not invalidate the amendments. Customer has the obligation to review the Agreement regularly to become aware of any amendments. No waiver by Playfair of any of the provisions hereof will be effective. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
4. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the provision shall be interpreted as close as legally possible to the original intent so that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
5. Governing Law; Submission to Jurisdiction. This Agreement hereby incorporates the Governing Law and Jurisdiction section of the Website Terms of Use and makes it a part hereof as if fully set forth herein.
6. Assignment. Customer may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise. Any purported assignment or delegation in violation of this Section will be null and void. Playfair may assign this Agreement at will in its sole discretion.
7. Export Regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Services or any Customer Data outside the US.
8. Equitable Relief. Customer acknowledges and agrees that a breach or threatened breach by Customer of any of its obligations under Section 7 would cause Playfair irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, Playfair will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such Playfair remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

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PLAYFAIR DATA
COPYRIGHT POLICY

Last updated: March 26, 2025

This Copyright Policy (the “Policy“) governs the ownership and license to the Content on the Website and is a part of the Website Terms of Use. Capitalized words not defined herein have the definition given in the Terms of Use (https://playfairdata.com/terms-of-use/). This Copyright Policy is subject to the Playfair+ User License Agreement (https://playfairdata.com/user-license-agreement/), which governs your right to access and use the Content contained in Playfair+.

Use of the Content

This Policy permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Website, except as follows:

Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing that Content.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any Content from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from this site.

You must not access or use for any commercial purposes any part of the Website or any services or Content available through the Website.

If you wish to make any use of Content on the Website other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the Content you have made. No right, title, or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this Policy or the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on or from the Website infringes your copyright, you may request removal of that Content (or access to it) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“MCA“), the written notice (the “MCA Notice“) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content.
Adequate information by which we can contact you (including, at minimum, your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted Content is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Kyle Conroy
Conroy Baran, LLC
1316 Saint Louis Ave.
Kansas City, MO 64101
Phone: 816-388-9686
Email: [email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that Content or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys fees) under Section 512(f) of the DMCA.