Terms of Use

Terms of Use

Unless you otherwise have a signed Master License and Services Agreement in place between you and Dataology.ai, in addition to these Terms, your use shall be governed and you shall be bound by the terms and conditions of the Master Product Suite Agreement.

Terms and Conditions for Use of Dataology.ai’s Data and Services

Please carefully review these Terms and Conditions (“Terms”) as they establish a legally binding agreement between you and Dataology.ai Inc. These Terms govern your utilization of the websites linked hereto. By accessing Dataology.ai’s products and services (“Product Suite”) through Dataology.ai’s websites, you automatically consent to these Terms. It is important to note that our Product Suite is accessible across various websites. Your usage of Dataology.ai’s Product Suite may be subject to an additional agreement with Dataology.ai. Such supplementary terms integrated into the separate agreement shall form a part of your contractual arrangement with us. Unless stated otherwise in a separate agreement, Dataology.ai extends to you a limited, non-exclusive, non-transferable, non-sublicensable license for the use of the Product Suite strictly for your internal purposes throughout the duration of this agreement. Should you disagree with these Terms, kindly discontinue any use of Dataology.ai’s Product Suite.

Your Account

To utilize our Product Suite, you must: (i) be at least 18 years old, (ii) establish an account and password on one of our websites; (iii) consent to these Terms; and (iv) furnish accurate, complete, current, and truthful contact and billing details. Your account may be allocated by your employer, educational institution, or another entity. If your account is assigned, supplementary terms may be applicable, regulating your utilization of the Product Suite. Sharing your account or password with any other individual or entity is prohibited. If you suspect unauthorized access to your account, please promptly notify Dataology.ai.

Term and Termination

When you agree to these Terms, the agreement between you and Dataology.ai begins. The agreement will remain in effect for as long as you maintain an account on any of Dataology.ai’s platforms, or until termination by either party in accordance with these Terms. Dataology.ai or you may terminate your account at any time and for any reason by providing notice to the other party. Dataology.ai reserves the right to suspend your account at any time, with or without cause.

Ownership

Dataology.ai asserts full ownership, including all rights, titles, and proprietary interests, in the Product Suite, encompassing patents, trademarks, copyrights, trade secrets, and other intellectual property rights. Should you offer suggestions, comments, ideas, or any form of feedback (“Feedback”), you hereby transfer all rights, titles, and proprietary interests in the Feedback to Dataology.ai. Your use of the Product Suite is expressly subject to compliance with these terms; any unauthorized use is strictly prohibited, with all rights reserved to Dataology.ai.
You affirm that you possess either ownership or the necessary authority, license, or permission to utilize all materials, content, data, and information provided to Dataology.ai while using the Product Suite. Ownership of such materials, content, data, and information remains with you.

Guidelines and Limitations

  • Unless specifically authorized in advance and writing by Dataology.ai, you will not share, sell, transfer, or otherwise make the Product Suite available to any third person or entity. You will use your best efforts to prevent the misuse or unauthorized use of the Product Suite by any third person or entity.
  • You may not disassemble, decompile, reverse engineer, modify, or otherwise alter the Product Suite or any part thereof.
  • You may not access data not intended for your use.
  • You may not log on to a server or an account that you are not authorized to access.
  • You may not probe, scan, or test the vulnerability of a system or network.
  • You may not attempt to breach security or authentication measures without proper authorization.
  • You may not interfere with services to any user, host, or network, including, but not limited to, submitting a virus to any Dataology.ai website, overloading, flooding, spamming, mailbombing, or crashing.
  • You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search a Dataology.ai website other than the search engine and search agents available from Dataology.ai on one of Dataology.ai’s websites and other than generally available third-party web browsers (e.g. Netscape Navigator, Microsoft Explorer).
  • You may not use the Product Suite to store or transmit data that infringes a third party’s privacy right or intellectual property right.
  • You may not use the Product Suite in connection with any mobile application (for example, for iOS and Android).
  • You may not co-brand or otherwise provide the Product Suite on behalf of any third party;
  • You will not name or refer to Dataology.ai or your use of the Product Suite in any of your advertisements or promotional or marketing materials.
  • You will not use the Product Suite for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act, or for any other purpose not expressly authorized under these Terms.
  • You may not use data derived from the Product Suite to solicit survivors of deceased persons.
  • You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Dataology.ai and to enable such data to be lawfully collected, processed, and shared by Dataology.ai to provide the Product Suite or as otherwise directed by you.
  • You may not send Spam of any sort.
  • You will not use the Product Suite to create, send, or display pornography, sexually explicit content, or campaigns promoting or supporting terrorism or violent extremism.
  • You will not use purchases, rented, or third-party lists of email addresses.
  • You agree and warrant that your use of the Product Suite will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including, but not limited to, CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, any State Registry laws, do-not-call lists, Canada’s Anti-Spam Law, and all applicable guidelines of the Direct Marketing Association (“DMA”). You shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines. You acknowledge and agree that it is your sole responsibility to determine the applicability of and ensure your compliance with, any such Laws.
  • You will comply with all Laws applicable to the campaigns sent through the Product Suite, including those relating to (i) acquiring consents (where required) to lawfully send campaigns, (b) the content included in the campaigns, and (c) your campaign deployment practices.
  • You acknowledge that certain data from the Product Suite may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those and you further agree to comply with all such relevant Laws relating to any such do-not-contact lists.
  • Dataology.ai reserves the right to review your use of the Product Suite to ensure compliance with these Terms, but any failure of Dataology.ai to review such use will not constitute acceptance of such use or waive any of Dataology.ai’s rights hereunder or limit any of your obligations concerning these Terms and the Product Suite.
  • Dataology.ai further reserves the right to require additional terms and conditions or require you to enter into additional agreements, before providing you with access to the Product Suite.

Privacy

By accessing the dataology.ai website, you consent to Dataology.ai’s Privacy Policy. The terms of the Privacy Policy are incorporated herein.

Disclaimer of Warranties

THE PRODUCT SUITE IS PROVIDED ON AN “AS-IS” BASIS AND DATAOLOGY.AI HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF THE PRODUCT SUITE. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, NEITHER DATAOLOGY.AI NOR ANY OF ITS THIRD-PARTY SUPPLIERS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPREHENSIVENESS OR COMPLETENESS OF THE PRODUCT SUITE NOR THAT THEY WILL BE UNINTERRUPTED. EXCEPT WHERE OTHERWISE PROHIBITED OR LIMITED BY LAW,

Limitation of Liability

IN NO EVENT WILL DATAOLOGY.AI BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR “COSTS OF COVER” ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCT SUITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATORY PROFITS, REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, UNAUTHORIZED ACCESS, THEFT, STRIKES, OR ANY FORCE MAJEURE. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE PRODUCT SUITE.

Indemnification

You agree to indemnify, defend, and hold harmless Dataology.ai, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your violation of these Terms or your use of the Product Suite.

Equitable Relief

Your violation of these Terms may cause irreparable harm to Data Axle. We have the right to seek injunctive relief or other equitable relief if you violate these Terms.

Additional Remedy of Termination

In addition to all other legal rights and remedies available to Data Axle for any apparent, threatened, or actual breach or violation of these Terms by you, Data Axle has the right to terminate your account and demand immediate return or destruction of any data accessed from the Product Suite at any time if Data Axle believes you are not complying in full with these Terms.

No Assignment by you

You may not assign your rights or obligations under these Terms to any other person or entity without the prior written consent of Dataology.ai, whether by operation of law or otherwise, and any attempt to do so shall be void.

Governing Law; Jurisdiction

All matters concerning these Terms and the Product Suite shall be governed by and construed in accordance with the laws of the State of Nebraska, without considering the principles of conflicts of law of that State or any other state. By using the Product Suite, you consent to and submit to the exclusive jurisdiction of the state and federal courts situated in Douglas County, Nebraska. You agree to submit solely to the jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.

File Management Library

Dataology.ai, along with its suite of products such as Salesgenie, may provide a file management library enabling you to store and retrieve specific marketing assets (e.g., logos, email designs, images), and other documents (collectively referred to as “Marketing Content”) for internal usage. Your Marketing Content and artwork will remain your property; however, by utilizing Dataology.ai services, you grant permission for Dataology.ai to host, store, and allow access to your designated users. It is your responsibility to ensure that you possess all necessary rights and licenses for the Marketing Content and its utilization within the Product Suite. Dataology.ai bears no responsibility for your actions concerning the Marketing Content. You agree not to upload Marketing Content that: (i) infringes upon the intellectual property rights of any third party; (ii) promotes or engages in illegal activities; or (iii) distributes viruses, worms, or other malware. We retain the right to remove or disable content believed to violate these terms; however, Dataology.ai is not obligated to monitor or review your Marketing Content continuously. You understand that the file management library is provided for your convenience and not intended for use as a data backup or disaster recovery service. You are accountable for maintaining independent backups of all Marketing Content. Upon termination, Marketing Content may be subject to deletion.

Changes

Dataology.ai reserves the right to amend the Terms at any time, with or without prior notice to you. The updated Terms shall become effective immediately upon publication and shall govern your ongoing usage of the Product Suite. Dataology.ai retains the discretion to modify or cease the Product Suite at any given time.

Entire Agreement

These Terms and any additional agreements constitute the entire agreement between you and Dataology.ai, supplanting any prior agreements or understandings, whether oral or written, regarding the subject matter herein. Amendments to these Terms require a document signed by both you and Dataology.ai. No waiver of any breach of these Terms shall be construed as a waiver of future breaches, whether similar or different, and any waiver must be in writing and signed by the party waiving the breach.
In the event of a conflict between these Terms and any agreement where you have been assigned an account, the terms of the account assignment agreement shall prevail to the extent of the conflict.