Terms of Service

These Terms of Service ("Terms") govern your access to and use of the DataMage contextual intelligence platform, website, dashboard, APIs, and related services (collectively, the "Services") provided by DataMage ("DataMage," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Eligibility and Accounts

You must be at least the age of majority in your jurisdiction and capable of forming a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use or suspected security breach.

2. Access and License

Subject to these Terms, DataMage grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the dashboard for your internal business purposes. We reserve all rights not expressly granted.

3. Acceptable Use

You agree not to:

4. Customer Data

As between you and DataMage, you retain all rights to data you provide to or generate through the Services ("Customer Data"). You grant us a limited license to host, process, and use Customer Data solely to provide and improve the Services and as described in our Privacy Policy. You are responsible for ensuring you have the necessary rights and permissions for any Customer Data you submit.

5. Intellectual Property

The Services, including all software, models, classifications, visualizations, and content (excluding Customer Data), and all related intellectual property rights, are and remain the property of DataMage and its licensors. These Terms do not transfer any ownership rights to you.

6. Third-Party Services

The Services may integrate with or link to third-party products and services. We are not responsible for third-party offerings, and your use of them is governed by their respective terms and policies.

7. Fees

If you have agreed to a paid plan or order, you agree to pay all applicable fees in accordance with the terms of that agreement. Except as required by law or expressly stated, fees are non-refundable.

8. Service Availability and Changes

We may modify, suspend, or discontinue any part of the Services at any time. We may also update the Services, including adding or removing features. We are not liable for any modification, suspension, or discontinuation of the Services.

9. "AS IS" Disclaimer

THE SERVICES AND THE DASHBOARD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAMAGE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT CLASSIFICATIONS, SCORES, OR ANALYTICS WILL BE ACCURATE OR COMPLETE. YOU USE THE SERVICES AT YOUR OWN RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAMAGE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless DataMage and its affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Services, your Customer Data, or your violation of these Terms.

12. Termination

We may suspend or terminate your access to the Services at any time if you violate these Terms or if we reasonably believe your use poses a risk to the Services or others. Upon termination, your right to access the Services will cease. Provisions that by their nature should survive termination will survive.

13. Governing Law

These Terms are governed by the laws of the jurisdiction in which DataMage is established, without regard to its conflict-of-laws principles. Any disputes will be subject to the exclusive jurisdiction of the courts located in that jurisdiction.

14. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

15. Contact Us

If you have questions about these Terms, please contact us at legal@data-mage.com.