Terms of Use

Preamble introduction

Last updated: 1 January 2021

Important Notice. These Terms of Use (“Terms”), together with our Privacy Policy (collectively, “Agreement”), govern your access to and use of this website eos.com (this “Site”) and all products available thereon and the services available through our Site, or our mobile applications (collectively, these Terms will refer to the Site, any mobile applications and the services available through either or otherwise provided by us, as the “Services”).

Parties to this Agreement. You, as a Site visitor or user of our Services are entering into this Agreement with EOS Data Analytics, Inc.,1906 El Camino Real, STE 202 Menlo Park, CA 94027 (“us/our/we/EOSDA”). In instances when you represent an entity or organization in this agreement, you thus warrant and assert that you have been authorized to agree to the provided Terms and to form a binding contract with us (for such cases, every reference to “you” and “your” in the Terms, with an exception of this paragraph, will concern that entity or organization which you have entered into this agreement on behalf of).

Legally binding. READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AS USE OF THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SITE OR ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. Please read carefully Section 13 of these Terms which set out the arbitration provisions which is the agreed dispute resolution mechanism under these Terms, with the place of arbitration being California, USA.

Children. The Services are not aimed at anyone under the age of 18 years, and you warrant that, by using this Site and any Services, that you are aged over 18 or the appropriate age of legal capacity of the country in which you reside.

Changes. WE RESERVE THE RIGHT TO AMEND THESE TERMS AND ANY DOCUMENT REFERRED TO AT ANY TIME. YOU ARE EXPECTED TO CHECK THIS PAGE AND ITS LINKED PAGES FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE BINDING ON YOU. SOME OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR SITE. Your continued use of any Services shall constitute your continuing acceptance of applicable Terms.

Due care. You should exercise due care when using the Services, as we do not conduct any criminal or other identity checks on any visitors or Services users, nor do we involve ourselves in any disputes between you and any other user (unless such dispute involves us being required by law or court order to take steps to remove content for example, in an intellectual property dispute). We are not responsible for anything that you do or say on the site, and we do not monitor the content of the site. However, if you post something in any area of the Services which allows users to post content, or in any communications with us, and we receive a complaint from a user or third party, we have the right to remove it if we believe it is in violation of any law or breaches these Terms of Use, or our Privacy Policy.

1. Service provision by eosda

Through this Site we provide the information about the services as may be amended and provided from time to time. We strive to continually develop innovative services and functionalities, and we may offer your additional services or revise the scope of existing Services at our discretion, with or without notice to you, and these Terms shall apply to all such Services as provided at the relevant time of service provision. We may alter, modify, suspend or discontinue the Site, Services or any part thereof at any time.

2. Your use of the services

You are permitted to use the Services for personal, consumer or your own internal business purposes (but not for commercial purposes including but not limited to whereby you re-sale or otherwise make profit from any third party by mispresenting the Services as your own, or by selling access to the Services to any third party) (“Permitted Purpose”).

3. Warranties made by you

In accessing the Site, or otherwise using any of the Services, you warrant and represent that you:

  • are at least 18 years of age, or the appropriate age of legal capacity according to the laws of the jurisdiction you reside in;
  • access the Site and use the Services voluntarily and for the Permitted Purposes and you shall note obtain or attempt to obtain money or other benefits from other users, fraudulently or otherwise;
  • have never been convicted of a felony, or similar criminal conviction in the country in which you reside;
  • use the Services in compliance with laws applicable to the country in which you reside and that you have complied with, and will continue to comply with, the laws and regulations of the jurisdiction from which you access the Site or otherwise use the Services;
  • will only submit accurate and truthful information to us and that you will promptly update any information that you provide that later becomes inaccurate, misleading, or false;
  • will not share this Site or its contents with a minor or otherwise make the Services available to a minor;
  • have the right, authority, and capacity to enter into and be bound by these Terms;
  • are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, nor are you listed on any U.S. Government list of prohibited or restricted parties;
  • will not violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and
  • will not use the Site or Services for any activity, which infringes upon the intellectual property rights of any third party anywhere in the world.

4. Restrictions on your use of the services

Any other use of this Site and the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. Unauthorized use of this Site may result in violation of various United States and international copyright laws and other such similar software laws.

You warrant and represent that you will not use the Site or the Services in any way (nor seek to transmit, share, broadcast or other content, links to content or otherwise engage in any activity on or through the Site or Services), which, in our sole judgment is you using the Services:

  • for any public or commercial purpose which includes use of this Site or its data or contents, on another site or through a networked computer environment;
  • in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of this Site or the Services in whole or part;
  • in any way that violates, or has the potential to violate, any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • to stalk, harass, or harm another individual, or collect, use or store personal data about other users without their consent by any method including, but not limited to, through the use of scripts, bots or web crawlers or scraping of any kind;
  • to impersonate any person or entity or otherwise misrepresent affiliation, connection or association with, any person or entity;
  • to, or attempt to, interfere or disrupt networks connected to the Services or with the proper functioning of the Services including, without limitation, submitting a virus to the Services, overloading, flooding, spamming, mail bombing or crashing or otherwise attempting to deny service to the Site, Services or the server of any user
  • to use, or attempt to use, any data mining, robots, or similar data gathering or extraction methods in connection with this Site;
  • to, or to attempt to, gain unauthorized access to any portion of this Site, or Services, or any other accounts, computer systems, or networks connected to the Services whether through hacking, password mining, or any other means, or attempting to cause technical harm by any means including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
  • to, or to attempt to, probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
  • by forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Services;
  • for disclosing or seeking to disclose any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes;
  • for the promotion or enabling of racism, bigotry, hatred or physical harm, illegal or unlawful activities, is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
  • to deliberately mislead us or any other person or organisation, or act fraudulently;
  • for any activity which is in breach of intellectual property laws and rights afforded to rights owners such as by your use of copyrighted content (such as music, videos, photographs, images etc),trademarks, patents, trade secret or other proprietary information, without first obtaining (and providing evidence to us of) consent from the rights owner;
  • to advertise or solicit any person to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, affiliate marketing codes, link referral code or any other form of commercial solicitation;
  • infringing or violating any third party’s rights, including intellectual property rights, anywhere in the world; or
  • for any other purpose which we deem to be unacceptable and damaging, or potentially damaging, to any third party, other user of the Services, us, our affiliates, the Site, or the Services in any way including causing any physical or reputational or other intangible harm.

5. Applicable third party terms of service

Geo Location Terms. The Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

API. Subject to the terms and conditions contained in these Terms, we hereby grant you a non-exclusive, non-transferable right and license to access the third-party application programming interface available through the Site (collectively, the “API”) for the Permitted Purposes in connection with use of the Services as contemplated herein, conditioned on your compliance with these Terms. Such license is granted subject to any open source license terms presented prior to accessing the API. You will not make excessive or unrequired API calls. If you are deemed to be abusing the API network, you may be throttled or denied to stop potential attacks. You agree to comply with the Google API Terms of Service available at https://developers.google.com/terms/.

6.Payments

We offer certain Services for free. We also offer enhanced Services through a one-time use fee or through monthly or annual subscriptions (the “Subscription”), as described on our Site. You agree to pay all applicable fees related to Your use of this Site and Our Services which are described fully on https://eos.com/. We may suspend or terminate Your account and/or access to Our Services and this Website if Your payment is late and/or Your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular Subscription and utilized Services. All sales and payment of Subscription fees will be in US Dollars. All Subscription fees are non-refundable. You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.

We will charge Your credit card for Your first Subscription fee on the date that we process Your order for Your Subscription. Thereafter, we will charge Your credit card with the relevant Subscription fee monthly or annually (depending on Your Subscription) until You cancel Your Subscription in accordance with the terms below. If the credit card information You have provided is incorrect or incomplete or if We are unable to complete the transaction due to Your error or omission, We may attempt to contact You and inform You of the problem; however, failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of Your Subscription. If You do not pay the Subscription fee, Your Subscription will be cancelled.

IMPORTANT NOTICE ON AUTOMATIC RENEWAL AND CANCELATION: WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOU THE SUBSCRIPTION FEE ON EACH MONTHLY OR YEARLY ANNIVERSARY (DEPENDING ON THE SUBSCRIPTION YOU SELECTED) OF OR AROUND THAT DATE THAT WE FIRST CHARGE YOUR CREDIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, WE WILL CHARGE YOUR CREDIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE, AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT, UNLESS YOU CANCEL ACCORDING TO THE CANCELLATION TERMS. TO CANCEL, PRIOR TO THE MONTHLY OR YEARLY ANNIVERSARY (DEPENDING ON THE SUBSCRIPTION YOU SELECTED) WHEN YOU FIRST SIGNED UP FOR YOUR SUBSCRIPTION, YOU MUST LOG INTO YOUR ACCOUNT AND CANCEL YOUR SUBSCRIPTION. EACH SUBSCRIPTION RENEWAL PERIOD IS MONTHLY OR YEARLY (DEPENDING ON THE SUBSCRIPTION YOU SELECTED). NO SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL BE REFUNDED, IN WHOLE OR IN PART. WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST AND WE WILL SEND YOU A CONFIRMATION OF YOUR CANCELATION. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.

7. Cancellation of your subscription

7 A. Duration of this agreement

These Terms and thus our agreement with you, will become effective from the point at which you first access the Site or otherwise first use the Services (whichever is earlier), and will remain in full force and effect unless and until your account is terminated.

7 B. Customer complaints

If you have any queries about these Terms, the Services or if you wish to make a complaint please contact us as follows:
email: support@eos.com
postal mail: EOS Data Analytics, Inc. 1906 El Camino Real, STE 202 Menlo Park, CA 94027

7 C. Terms which survive termination of this Agreement

All provisions related to the proprietary rights, disclaimer of warranties, all warranties and representations made by you, indemnities, limitations of liability, and sections 11-13 of these Terms shall survive any termination of these Terms.

8. Privacy and electronic communications

Privacy Policy. The terms of our Privacy Policy are expressly incorporated herein, and form a part of your agreement with us.

Electronic communications. By using the Website and/or the Services provided on or through the Website, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

We sometimes provide links on this Site or through communications to third-party websites. We are not obligated to review any third-party websites that you link to from nor do we control any of the third-party websites. We are not responsible for any of the third-party websites (or the products, services, or content available through any of them) and we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Site, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

10. Additional information for residents of Сalifornia, USA

If you have purchased a Subscription as a consumer, you may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
email: support@eos.com
postal mail: EOS Data Analytics, Inc. 1906 El Camino Real, STE 202 Menlo Park, CA 94027

11. Intellectual property provisions

11 A. Our intellectual property rights

You acknowledge and agree that the copyrights, trademarks and other intellectual property rights including registered and unregistered trademarks, across the Services and the content provided as part of the Services belongs to us or is used under exclusive license by us. No rights in respect of the Services or the content provided as part of the Services are granted to you other than those expressly set out in these terms of use. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Certain items of independent, third party code may be included in the Services and App(s) that are subject to open source licenses, including but not limited to those open source licenses found at https://opensource.org/licenses/MIT, https://creativecommons.org/licenses/by-sa/3.0/us/, https://www.apache.org/licenses/LICENSE-2.0, https://opensource.org/licenses/ISC, https://opensource.org/licenses/BSD-2-Clause, https://opensource.org/licenses/BSD-3-Clause, https://creativecommons.org/licenses/by-sa/2.0/uk/deed.en_GB and https://www.gnu.org/licenses/gpl-3.0.en.html (collectively, “Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.

12. Disclaimer, limitation of liability and indemnity

12 A. Disclaimer

This section will apply to the maximum extent permitted by applicable law. We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein).

THIS SITE AND ALL OF OUR SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND SERVICES IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SITE OR ANY OF OUR SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE AND/OR SERVICES IS FREE OF PROBLEMS.

Without limiting the generality of the foregoing, we make no warranty that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected We make no warranty as to the results that may be obtained from the use of this Site or our Services, or as to the accuracy or reliability of any information obtained through this Site or the Services. No advice or information, whether oral or written, obtained by you through this Site or the Services, or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

12 B. Limitation of Liability

To the maximum extent permitted by law, in no event will we be liable to you for any direct, indirect, exemplary, punitive, special or consequential loss or damage arising out of or relating, directly or indirectly, to these Terms, or your use or inability to use the Site or any Services, including, without limitation, loss of income or revenue, loss or corruption of data or programs, loss of goodwill and loss of anticipated savings or other economic advantage, even if we know or have been advised of the possibility of such loss arising.

Nothing in these terms of use will limit or exclude our liability for: (i) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us.

12 C. Indemnity

You agree to indemnify us, our officers, directors, employees, agents, affiliates (and officers, directors, employees and agents of affiliate entities) for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your, on anyone using your account’s use of or inability to use the Services, (ii) any content or information posted by you or anyone using your account, (iii) your or anyone using your account’s violation of these Terms, (iv) your or anyone using your account’s violation of any rights of a third party, or (iv) your or anyone using your account’s violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right and all other terms of indemnification will continue to apply.

Entire agreement. These Terms, and any documents to which these Terms refer, such as our Privacy Policy, constitute a legally binding contract that governs the relationship between us and you. This agreement supersedes any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between us and you.

Language. These Terms are written in the English language and any proceedings relating to these Terms and any related dispute shall be conducted in English.

Severability and No Waiver. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure of any party hereto to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

Governing Law and Jurisdiction. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described below, any disputes relating to these Terms and the Services to which they relate, will be heard exclusively in the courts located in San Mateo County, California.

14. Dispute resolution

Please read this section very carefully as it affects your legal rights.

In these Terms, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (whether by us, our licensors, affiliates, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding. Any reference herein to “parties” means you, and us.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

14 A. Class action waiver

You agree that you will not participate in any class action, and that no claim relating to any dispute can be brought by you unless you are acting solely as an individual in an individual action under any jurisdiction, and under no circumstances will class action procedures or rules apply to the arbitration or any other dispute process. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

14 B. Agreement to arbitration

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement (including these Terms, the Site or Services) including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with its International Arbitration Rules (“Rules”), except as such Rules may be modified herein or by mutual agreement of the parties. In certain cases, subject to the Rules, depending on the monetary value of any claim, expedited rules may be applicable in accordance with the Rules, and parties agree to follow any such expedited processes as determined by the Rules.

14 C. Exclusions from Arbitration/Right to Opt Out

Notwithstanding clause 13 B above, either party may choose to submit any such dispute, controversy or claim to the courts of San Mateo County, California, USA, provided always that this election to litigate in court may only be made in the event that (a) the dispute has a monetary value which is low enough to qualify for the appropriate small claims court process, or (b) if you have opt-ed out and thus revoked your agreement to conduct proceedings by arbitration provided that such opt out has been completed within thirty (30) calendar days of the date on which you first accepted and consented to these Terms (in case of account holders, the date of account creation, and in case of site visitors, the date of first visit) (“the Opt Out Period”). In order to qualify as a valid opt out under these Terms, you must, within the Opt Out Period, email support@eos.com with the following information: Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. We will confirm receipt of this opt out request, and confirmation by us of receipt will constitute a valid opt out. Any request received out with the Opt Out Period will be deemed invalid. If arbitration has been commenced by a party at the time that the other party chooses to submit the matter to a court of competent jurisdiction as agreed, then it is agreed that such arbitration is to be discontinued, save where the party seeking to commence court proceedings has consented to the arbitration commencing previously, or has waived such right by filing an answering submission in the arbitration so as to render it inequitable to cause those proceedings to be stopped.

14 D. Mandatory Pre-Arbitration/Pre-Court process

In the event of any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, or the breach, termination, or validity thereof, if you wish to commence arbitration (or court proceedings if applicable) (“Claim”) you shall first serve notice to us that a dispute has arisen and demand that negotiation commence. To do so, you must email us support@eos.com and include the following information: (1) Your name, (2) Your address, (3) A written description of your claim, and (4) A description of the specific relief/remedy that you are seeking, with an explanation of the legal basis for seeking such relief/remedy (“Claim Email”). If we fail to resolve the Claim amicably, you have the right to commence the arbitration (or litigation if permitted under these Terms), at any time after the date which falls thirty (30) days after we confirm receipt of your Claim Email.

14 E. Appointing arbitrator

The parties agree that the sole arbitrator shall be one of the persons listed on the ICDR Roster of Arbitrators. Within 30 days after receiving the request for arbitration, the respondent shall select one of those persons, and such person shall serve as arbitrator. In the event such person is unable to serve, the respondent shall, within five days after receipt from that person of notice of such inability, select another person from the ICDR Roster of Arbitrators, and such person shall serve as arbitrator. If necessary, this process shall continue until the arbitrator is so designated. If an arbitrator has not been appointed after three attempts, the Rules shall be followed and the ICDR shall be requested to appoint an arbitrator.

14 F. Seat and language of arbitration

The seat of the arbitration shall be Los Angeles, California and it shall be conducted in the English language provided that either party may submit testimony or documentary evidence in any language if it furnishes, upon the request of the other party, a translation into English of any such testimony or documentary evidence.

14 G. Interim relief

Either party has the right to apply to any court of competent jurisdiction for interim relief necessary to preserve the party’s rights, including pre-arbitration attachments or injunctions, until the arbitrators are appointed. After appointment of the arbitrators, the arbitrators shall have exclusive jurisdiction to consider applications for interim relief.

14 H. Discovery

The parties agree that they shall have no right to seek production of documents or any other discovery for purposes of the arbitration proceeding under 28 U.S.C. § 1782.

14 I. No consolidation

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration.

14 J. Award of arbitration

The arbitration award shall be final and binding on the parties. The parties undertake to carry out any award without delay and waive their right to any form of recourse based on grounds other than those contained in the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. Any award shall be payable in US Dollars. Provided always that the prevailing party has complied with the Pre-Arbitration process laid out herein, the arbitrators shall award to the prevailing party its costs and expenses, including its reasonable legal fees and other costs of legal representation, as determined by the arbitrators.

14 K. Confidentiality

The parties, any arbitrator, and their agents or representatives, shall keep confidential and not disclose to any non-party the existence of the arbitration, non-public materials and information provided in the arbitration by another party, and orders or awards made in the arbitration (together, the “Confidential Information”). If a party or an arbitrator wishes to involve in the arbitration a non-party including a fact or expert witness, stenographer, translator or any other person – the party or arbitrator shall make reasonable efforts to secure the non-party’s advance agreement to preserve the confidentiality of the Confidential Information. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent necessary to: (1) prosecute or defend the arbitration or proceedings related to it (including enforcement or annulment proceedings), or to pursue a legal right; (2) respond to a compulsory order or request for information of a governmental or regulatory body; (3) make disclosure required by law or by the rules of a securities exchange; (4) seek legal, accounting or other professional services, or satisfy information requests of potential acquirers, investors or lenders, provided that in each case of any disclosure allowed under the foregoing circumstances (1) through (4), where possible, the producing party takes reasonable measures to ensure that the recipient preserves the confidentiality of the information provided. The arbitral tribunal may permit further disclosure of Confidential Information where there is a demonstrated need to disclose that outweighs any party’s legitimate interest in preserving confidentiality. This confidentiality provision survives termination of the contract and of any arbitration brought pursuant to the contract. This confidentiality provision may be enforced by an arbitral tribunal or any court of competent jurisdiction, and an application to a court to enforce this provision shall not waive or in any way derogate from the agreement to arbitrate.

15. Contacting us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by email at support@eos.com or by mail at Legal Department, EOS Data Analytics, Inc., 1906 El Camino Real, STE 202 Menlo Park, CA 94027.