The agreement governing your use of the DataGage platform
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and DataGage ("we," "us," or "our"), a product by Shared Development. By accessing or using the DataGage platform, including any associated services, APIs, or documentation (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the organization you represent. When you create an Account, you agree to provide accurate, current, and complete information. You are responsible for all activity that occurs under your Account and for maintaining the confidentiality of your credentials.
Subject to these Terms and any applicable subscription plan, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the subscription term for your internal business purposes.
You agree not to:
Your use of the Service is subject to the limits of your subscription plan, including but not limited to the number of users, datasets, storage capacity, and API calls. We reserve the right to enforce these limits and to suspend access if they are materially exceeded.
You retain all rights, title, and interest in and to your Customer Data. We do not claim ownership of any data you upload to or create within the Service.
You grant us a limited license to host, process, and display your Customer Data solely to provide and improve the Service. We will not sell your Customer Data to third parties or use it for advertising purposes.
We implement commercially reasonable technical and organizational measures to protect Customer Data against unauthorized access, loss, or alteration. However, no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security.
You may export your Customer Data at any time using the Service's built-in export features. Upon termination of your Account, we will retain your Customer Data for a reasonable period (not exceeding 90 days) after which it will be permanently deleted, unless retention is required by law.
The Service is offered under various subscription plans, including a free tier. Details of each plan, including features and pricing, are available on our Pricing page. We reserve the right to modify plan features and pricing upon reasonable notice.
Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
All fees are exclusive of applicable taxes. You are responsible for paying any taxes associated with your use of the Service, excluding taxes based on our net income.
The Service, including all software, design, text, graphics, logos, and other materials, is owned by DataGage and protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you. "DataGage" and associated logos are trademarks of Shared Development. You may not use our trademarks without prior written permission.
The Service may integrate with or contain links to third-party services. We are not responsible for the availability, accuracy, or content of third-party services and do not endorse them. Your use of third-party services is subject to their own terms and policies.
Certain features of the Service, including Ask Your Data and AI Decision, use artificial intelligence and machine learning to process your queries and generate outputs. While we strive for accuracy, AI-generated outputs are provided on an "as-is" basis and should not be treated as professional advice. You are responsible for reviewing and validating AI-generated results before making business decisions based on them.
We use commercially reasonable efforts to maintain high availability of the Service. However, the Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control. We do not guarantee uninterrupted access. Support is provided in accordance with the terms of your subscription plan.
To the maximum extent permitted by applicable law:
You agree to indemnify, defend, and hold harmless DataGage and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable laws or third-party rights; or (d) your Customer Data.
These Terms are effective as of the date you first access the Service and continue until terminated.
You may terminate your Account at any time by contacting us or using the Account settings within the Service. Termination does not entitle you to a refund of any prepaid fees.
We may suspend or terminate your access to the Service at any time if you breach these Terms, if required by law, or if we discontinue the Service. We will provide reasonable notice when possible.
Upon termination, your right to use the Service ceases immediately. Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.
We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes.
These Terms shall be governed by and construed in accordance with applicable law, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall first be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue binding arbitration or litigation in a court of competent jurisdiction.
If you have any questions about these Terms of Service, please contact us:
