DataAgent™ Terms of Service

Last Updated May 25, 2026

1. Using our Services

You must follow any policies made available to you within the Services.

Don't misuse our Services. For example, don't interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only for your internal and personal use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them ("Content"). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the DataAgent name and logo. Don't remove, obscure, or alter any legal notices displayed in or along with our Services. Notwithstanding the foregoing, Content does not include any software code that you upload or submit to the APMR ("Your Content"). You retain ownership of any intellectual property rights that you hold in Your Content. When you upload or submit Your Content to or through the APMR, you give us (and those we work with) a royalty-free, worldwide license to use, store, reproduce, modify, create derivative works from, adapt, translate and compile Your Content in connection with the Services. The rights you grant in this license are for the limited purpose of operating, providing, and improving our Services, and developing new ones. Make sure you have the necessary rights to grant us this license for any of Your Content that you upload or submit to the APMR.

Our Services may display some Content that is not our own. For example, some Content belongs to our advertisers or other third parties (collectively, "Third Party Content"). We are not responsible for, and you waive all of our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the "unsubscribe" link in marketing e-mails. Please be aware that there may be a brief period before we are able to process your opt-out.

Some of our Services may be available on mobile devices, which may cause you to incur data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile features (as applicable).

You understand that entering into these Terms does not obligate DataAgent to provide you with the APMR, and DataAgent reserves the right to revoke your access to the APMR at any time. DataAgent is not obligated to provide you any technical or other support for the APMR. You further agree that DataAgent has no express or implied obligation to make available a commercial version of the APMR to anyone in the future. Should a commercial version be made available, it may have functionality or features that are different from the pre-release version of the APMR, and may be subject to additional fees.

2. Your DataAgent Account

You may need an account in order to use the Services. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at info@data-agent.co.

3. Privacy, Usage Data, and Feedback

Our privacy policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the Services. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.

As part of your use of the APMR, DataAgent will be collecting, using, storing, and processing diagnostic, technical, and usage logs and other information generated from your use of the APMR (collectively, "Usage Data"). DataAgent has the right to freely use and share all Usage Data, and all ideas, inventions, suggestions, improvements, and other feedback provided by you (collectively "Feedback") in connection with your use of the APMR, and/or your use of any other components of the Services, including without limitation for purposes related to the development of new products and the training and use of AI, without any obligation to obtain your consent or pay any compensation. You hereby assign all worldwide right, title, and interest in and to the Feedback to DataAgent, and you shall execute such documents and take such further measures as DataAgent may reasonably request to record, perfect, or enforce such rights.

4. Prohibited Uses

You agree that you will not use the Services to:

Violate any law or a third-party's rights;
Submit excessive or unsolicited commercial messages or spam any users;
Submit malicious content or viruses;
Solicit other people's login information, credit card numbers, or other sensitive information;
Harass or bully other users; or
Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.

Additionally, you shall not (nor authorize nor permit any other person or entity to) (i) modify or create derivative works of the APMR; (ii) distribute, re-sell, sublicense, or publicly display or perform the APMR, any portion thereof, or any materials or information based upon the APMR; or (iii) reverse engineer, decode, disable, decompile, or translate or convert the APMR or any part thereof, or otherwise attempt to derive its source code or protocols, or merge or bundle it with any other software, products or services. You shall not make the APMR available to any third party, including, without limitation, to any competitor of DataAgent. You shall not remove any copyright, confidentiality, proprietary rights, or similar notices from the APMR. You agree not to contest DataAgent's title or intellectual property rights in or to the APMR, and you shall not copy or emulate any features or functionality of the APMR.

5. About Software in our Services

You may be required to download software (such as a mobile or desktop app) to use the Services or certain features of the Services, and the Services may enable you to access software running on our (or our vendors') servers (collectively, "Software"). You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

DataAgent gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions or you have our written permission.

There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term "Software" is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.

6. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability.

You can stop using our Services at any time, although we'll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.

Sections 6 – 11, as well as the second paragraph of Section 3, will survive termination or expiration of these Terms indefinitely.

7. Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER DATAAGENT NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THE ABILITY OF THE SERVICES TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS IN CONNECTION WITH THE SERVICES. WE PROVIDE THE SERVICES AND ALL INFORMATION PROVIDED THROUGH THE SERVICES "AS-IS."

Without limiting the generality of the foregoing, you hereby acknowledge and agree that the APMR is currently unfinished and may contain defects, and you may experience errors, malfunctions, and/or interruptions of service, corruption, or loss of data or information. ACCORDINGLY, YOU AGREE THAT YOUR USE OF THE APMR IS AT YOUR SOLE RISK, AND THE APMR IS PROVIDED "AS IS" AND "WITH ALL DEFECTS," AND DATAAGENT HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES (EXPRESS OR IMPLIED) CONCERNING THE APMR, INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE, SERVICES, AND TOOLS ON OR PROVIDED IN CONNECTION WITH APMR, AND SPECIFICALLY INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, COMPLIANCE WITH LAWS, RULES, OR REGULATIONS, FREEDOM FROM BIAS, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, "RELEASED PARTIES") FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, "LIABILITIES") THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY'S CONDUCT RELATED TO USE OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

8. Liability for our Services

TO THE EXTENT NOT PROHIBITED BY LAW, DATAAGENT (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF DATAAGENT (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN).

IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, DATAAGENT (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), PUBLIC HEALTH EMERGENCY, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

9. Business/Employer Uses of our Services

If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.

10. Indemnification

You hereby agree to indemnify, defend, and hold harmless DataAgent, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of (i) your actual or alleged breach of these Terms, (ii) any of Your Content, or (iii) your use or misuse of the Services. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

11. About these Terms

We may modify these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly and the "Last Updated" date at the beginning of these Terms. We'll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict.

These Terms control the relationship between DataAgent and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the State of New York, excluding New York's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. Exclusive jurisdiction and venue for adjudication of any litigation arising out of these Terms shall be in the state and federal courts located in New York, New York, and the parties hereby consent to the exercise of jurisdiction of such courts. Notwithstanding the foregoing, you acknowledge that your actual or threatened violation of these Terms could cause irreparable harm and significant injury to DataAgent for which damages may be difficult to ascertain. Accordingly, notwithstanding the foregoing, you agree that DataAgent will have the right to seek immediate injunctive relief from any court of competent jurisdiction to enforce your obligations under these Terms in addition to any other rights and remedies it may have, without the necessity of posting bond. In the event that a party brings an action to enforce these Terms and substantially prevails in such action, then that party, in addition to any other relief to which it may be entitled, may recover its reasonable out-of-pocket attorneys' fees and other litigation costs.

You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these Terms or assign or delegate any of our rights or obligations at any time.

For information about how to contact DataAgent, please email us at info@data-agent.co.

Version: v1-2026-05-25