Last updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Dataova, Inc. ("Dataova," "we," "us," or "our"), a company incorporated in the State of New York, governing your access to and use of the Dataova website, data intelligence platform, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization. If you do not agree to these Terms, you may not access or use the Services.
Dataova provides an AI-powered data intelligence platform that enables enterprises to analyze large-scale datasets, generate automated insights, perform natural language queries, and monitor real-time data streams. The specific features and capabilities available to you depend on the subscription tier you have purchased.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice. We will provide advance notice of material changes that may adversely affect your use of the Services.
To use the Dataova platform, you must create an account and provide accurate, complete, and current information. You are responsible for:
You may not share your account credentials with third parties or allow unauthorized access to the platform. You must be at least 18 years of age to create an account.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
Dataova and its licensors retain all intellectual property rights in the Services, including all software, algorithms, machine learning models, user interfaces, documentation, and trademarks. These Terms do not grant you any ownership rights in the Services.
You retain all rights to the data you upload to or connect with the Services ("Customer Data"). By using the Services, you grant Dataova a limited, non-exclusive license to process Customer Data solely as necessary to provide the Services to you.
Any feedback, suggestions, or ideas you provide to Dataova may be used by us to improve our Services without compensation to you.
Access to the Dataova platform requires a paid subscription. Subscription fees are described in your order form or the pricing page on our website. By subscribing, you authorize us to charge your designated payment method on a recurring basis for the applicable fees.
All fees are due in advance and are non-refundable except as expressly stated in these Terms or required by applicable law. We reserve the right to change our pricing with 30 days advance notice.
Dataova maintains comprehensive security controls and is SOC 2 Type II certified. We process Customer Data in accordance with our Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference and available upon request.
You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including data protection laws relevant to the data you process through the platform.
Dataova warrants that the Services will perform materially as described in the applicable documentation during your subscription period. Our sole obligation for breach of this warranty is to use commercially reasonable efforts to correct the non-conformity.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DATAOVA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATAOVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
DATAOVA'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE THOUSAND DOLLARS ($1,000).
You agree to indemnify, defend, and hold harmless Dataova and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to (a) your use of the Services in violation of these Terms, (b) your Customer Data, or (c) your violation of any applicable law or third-party rights.
These Terms remain in effect for the duration of your subscription. Either party may terminate these Terms with 30 days written notice. Dataova may suspend or terminate your access immediately for material breach of these Terms, including non-payment, or if required by law.
Upon termination, your access to the Services will cease and we will delete your Customer Data within 30 days, unless required by law to retain it. Sections covering intellectual property, liability, indemnification, and dispute resolution survive termination.
Any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in New York, New York. Each party waives the right to a jury trial and the right to participate in any class action.
Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought in the federal or state courts located in New York County, New York.
These Terms, together with any order forms, the DPA, and our Privacy Policy, constitute the entire agreement between the parties regarding the Services. If any provision of these Terms is held invalid, the remaining provisions shall remain in full force.
Our failure to enforce any provision does not constitute a waiver. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger or acquisition.
Dataova, Inc.
335 Madison Ave, 17th Floor
New York, NY 10017
Email: legal@dataova.com
Phone: (212) 555-0167
All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by us or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without express written permission.
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use our services. Our total liability to you for any claim arising from these terms shall not exceed the amounts paid by you to us in the twelve months preceding the claim.
You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.
These terms are governed by the laws of the jurisdiction specified in our service agreement, without regard to conflict of law provisions. Any dispute arising from these terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with applicable rules, unless you opt out within 30 days of first using our services.
If any provision of these terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.
We reserve the right to modify these terms at any time. We will provide notice of material changes by updating the date at the top of this page and, where appropriate, by sending a notification. Your continued use of our services after changes become effective constitutes acceptance of the revised terms.
All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by us or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without express written permission.
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use our services. Our total liability to you for any claim arising from these terms shall not exceed the amounts paid by you to us in the twelve months preceding the claim.
You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.
These terms are governed by the laws of the jurisdiction specified in our service agreement, without regard to conflict of law provisions. Any dispute arising from these terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with applicable rules, unless you opt out within 30 days of first using our services.
If any provision of th