Terms of Service
In plain English. Thanks for choosing Databar. This summary is a guide only; the numbered Sections below govern.
Databar is built for business use, and these terms are written for businesses.
Your data stays yours. We use it to provide and improve the Service and do not use it to train AI models. We do not sell your data.
Enrichment results come from third-party data providers, websites and AI models. We do not guarantee them, so please check them before you rely on them.
You choose how to use the data you obtain, and you are responsible for that use and for complying with privacy and marketing laws where you operate.
Fees and Credits are paid in advance and are not refunded. Plans obtained through a partner or promotion include what the offer listed.
If an account breaks the rules we may suspend or close it; if you think we got it wrong, tell support within 10 business days. Workspaces unused for an extended period may be deleted.
Effective date: 1 October 2026
These Terms of Service are a contract between Databar, Inc., a Delaware corporation at 8 The Green, Ste B, Dover, DE 19901, United States ("Databar", "we", "us"), and the business that creates a Workspace or places an Order ("Customer", "you"). Our Data Processing Addendum (published on our website or provided on request) and any Order are part of this contract (together with these Terms, the "Agreement").
Please note: Section 23 contains a mandatory arbitration clause, a class-action waiver and a jury waiver, and Sections 17 to 19 limit our liability. Please read them.
1. Agreement and eligibility
1.1 Business use. The Service is offered only to businesses, universities and other organizations for use in their trade, profession or institutional research, not for personal, household or other non-commercial use. By using it you confirm that you act for such an organization in a professional capacity and not as a consumer. We may close an account or plan not used for business or professional activity. Sections 3.2, 3.3, 17 and 19 also apply to anyone who visits our website or uses our Documentation, whether or not they have a Workspace.
1.2 Authority and acceptance. The person who creates a Workspace, accepts these terms or places an Order does so for the organization they represent and confirms that they are at least 18 and authorized to bind it; if not, they are personally bound until the organization ratifies the Agreement. You accept the Agreement by clicking to accept it, creating an account or using the Service.
1.3 Current version. This version replaces all earlier versions, including the Terms of Use dated 6 November 2021.
1.4 Business verification. We may at any time ask you to confirm that you are a business, including by providing your business's legal name and an email address on your own domain, and may refuse personal, disposable or generic addresses; if you do not do so within the time we specify, we may suspend or close the account and every related Workspace under Section 14.
1.5 No reliance. You confirm that you have had a full opportunity to read the Agreement and take advice on it, that you have not relied on any statement, demonstration or marketing material, by us, a partner or marketplace, or anyone else, that is not in the Agreement, and that no rule that construes terms against the drafter applies. You waive any claim based on any such statement, other than a claim for fraud.
2. The Service
2.1 Definitions. The "Service" is the Databar platform in every form we make it available, now or in the future, including the web application, the API, SDKs, command-line tools, the MCP server, browser extensions, add-ons, plugins and apps for third-party products, other integrations and interfaces, and any updates, new versions and new features of any of them, together with the Documentation. "Documentation" means the user guides and technical documentation we publish; it describes the Service and is not a warranty or specification. A "Connector" is any integration, enrichment, data source, exporter, AI model or similar building block available in the Service. A "Workspace" is the unit in which you use the Service: it holds your data, settings, usage allowances and members; its owner is our primary contact and receives notices under Section 24.2. "Your Users" means your Permitted Users and Affiliates, your clients, any agent, script or tool you connect, and anyone who uses your credentials. "Suppliers" means our Affiliates, licensors, Data Providers, AI Providers, Sub-processors and other suppliers (each defined below).
2.2 Right to use. During the Subscription Term we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right for you and your Permitted Users to use the Service for your internal business purposes, which include work you do for your clients through Permitted Users under Section 2.3, in accordance with the Agreement and the Documentation. Downloadable software is licensed, not sold, on the same basis.
2.3 Permitted Users and Affiliates. You may let your employees, contractors, agents and clients use the Service on your behalf ("Permitted Users"), each with their own login, and your Affiliates may use it, with the Agreement applying to each as if it were the Customer. An "Affiliate" is an entity that controls, is controlled by or is under common control with a party. You are responsible for everything Your Users do, including a client's use of Enrichment Output and Third-Party Data, as if you had done it yourself, and for giving the notices and obtaining the consents the law requires from your Permitted Users, clients and end users.
2.4 Plan limits. Each plan's limits are shown on the pricing page, in the product or in your Order, and you must not exceed them. If you do, we may require a plan that covers your usage and charge the difference from the date the excess began under Section 10.5.
2.5 Changes to the Service. We develop the Service continuously and decide its direction. We may at any time, for any reason, add, change, limit, suspend, discontinue or remove any feature, Connector, plan or capability, or the Service as a whole, generally or for particular regions or customers. Nothing in the Agreement, the Documentation, our website, marketing, roadmap or support communications obliges us to keep offering anything, to maintain compatibility with any system, or to add anything. No change, suspension, removal or outage is a breach of the Agreement; your only remedy is to use other features or to cancel at the end of the current Subscription Term.
2.6 No service-level agreement; support. Unless a signed Order expressly provides one, we offer no uptime commitment, service credits or other availability remedy. Support is as shown for your plan or in your Order, is a courtesy unless the Order says otherwise, and creates no obligation to fix a particular issue.
3. Accounts, security and restrictions
3.1 Account information and credentials. You must give accurate registration and billing information and keep it current. You are responsible for keeping passwords, API keys and other credentials confidential and for all activity under them, whether or not you authorized it, and must tell us at info@databar.ai as soon as you learn of unauthorized access. We may treat any communication, request or purchase made with your credentials as made by you, and are not liable for loss caused by anyone using your credentials. If you lose access to your account or to the email address on it, we may be unable to restore your access.
3.2 Restrictions. You must not, and must not allow anyone else to: (a) copy, modify or create derivative works of the Service, or reverse engineer it except where the law gives you that right regardless of this clause; (b) sell, rent, lease, sublicense, white-label, time-share or share access to it, or offer it to third parties as your own, except as Section 2.3 allows or where we have agreed in writing (for example in a signed Order or a white-label or reseller agreement), in which case that agreement governs the scope of the permission, the Agreement continues to apply to your use, and you are responsible for your own customers' use as if it were your own; (c) use it to build a competing product, or for benchmarking published outside your organization; (d) work around plan limits, rate limits, metering, suspension or security controls, impose an unreasonable load on the Service, or probe, scan or test its security without our written consent; (e) remove any proprietary notice or introduce malware; (f) scrape, crawl or systematically copy the Connector catalog, pricing, waterfall logic, Documentation, other customers' data or any part of the Service, other than exporting your own data through the features provided for that; (g) use any interface to derive the Connector catalog's configuration, any credentials, pricing logic or supplier relationships, or misrepresent the Workspace, user or agent making a request; or (h) use the Service in breach of Section 8 or any law.
3.3 Our intellectual property. We and our licensors own the Service, the Documentation, our website and its content, the Connector catalog, the waterfall and routing logic, the Usage Data and all intellectual property in them. You get only the rights expressly granted.
3.4 Monitoring. We may monitor use of the Service, including data in your Workspaces, to operate and secure it, check compliance and comply with law. We have no obligation to pre-screen anything, but may refuse, remove or block any content, Connector, target or request at our discretion, and may report unlawful activity to, and cooperate with, law enforcement and regulators.
4. Your data and output
4.1 Definitions. "Customer Data" means data you or Your Users submit to, import into or generate in the Service, including data returned using your own credentials. "Enrichment Output" means data returned to you by a Connector. "Third-Party Data" means Enrichment Output obtained from a Data Provider through the Service, other than data returned using your own credentials. "Feedback" means suggestions you give us about the Service. "Usage Data" means de-identified or aggregated operational, diagnostic, performance and usage data about use of the Service that identifies no customer or individual.
4.2 You own Customer Data. As between us, you own Customer Data. You grant us a non-exclusive, worldwide, royalty-free license, sublicensable to Sub-processors and suppliers, to host, process, modify and display it to provide, secure, support and improve the Service, to comply with law and enforce the Agreement, and as the Data Processing Addendum allows. We do not sell Customer Data and do not use it to train AI models, ours or anyone else's (Section 6.2). You are solely responsible for the accuracy, content and lawfulness of Customer Data and for having the right, including any lawful basis, notice and consent Data Protection Laws require, to submit it and run it through every Connector, AI Provider and Data Provider you choose. We take no responsibility for Customer Data or what third parties do with it.
4.3 Enrichment Output and Third-Party Data. You may use Enrichment Output for your business purposes, subject to Sections 5 and 8. You must not resell Third-Party Data or provide it to a data broker or list vendor without our written approval. You are solely responsible for determining whether your collection and use of any data is lawful in each jurisdiction concerned. We make no representation that any use is permitted, receiving data from us does not supply a lawful basis for it, and you must not instruct us to process Personal Data unlawfully. You are solely responsible and liable for every use, disclosure, export, combination and other processing of Enrichment Output and Third-Party Data by you, Your Users and anyone who receives it from you, and for every consequence; a breach by any recipient is your breach. Enrichment Output and Third-Party Data are provided for information only and any reliance is at your own risk (Section 17): we do not verify their accuracy, completeness, currency or lawfulness.
4.4 Sensitive data. The Service is not designed for sensitive data. Unless we agree in writing, you must not submit, obtain, infer or configure a Connector to return: government identification, payment card or bank account numbers; passwords for third-party systems other than credentials you deliberately store for a Connector; health, genetic or biometric data; precise geolocation; special categories of data under the GDPR (such as racial or ethnic origin, political opinions, religious beliefs, trade union membership, sex life or sexual orientation) or criminal-record data; data about individuals under 18; or data whose processing would make us subject to HIPAA, GLBA, FERPA, COPPA, BIPA or similar rules. You submit any such data entirely at your own risk.
4.5 Feedback and Usage Data. You grant us a perpetual, irrevocable, worldwide, transferable license to use any Feedback you give us for any purpose, without restriction, attribution or payment, and Feedback is not your Confidential Information. We own Usage Data and may use it for any lawful purpose.
5. Third-party data and Connectors
5.1 Data Providers. A "Data Provider" is a third party from which Third-Party Data is obtained. Data Providers are independent third parties, not our agents, Sub-processors, partners or joint controllers, and each is solely responsible for the lawfulness of its own collection. The Service retrieves their data at your request; we do not control, verify or take responsibility for it, for how a Data Provider collects or licenses it, or for the notices, consents or lawful basis it relies on. Before using a Data Provider's data you must satisfy yourself about its practices to the standard your own compliance requires, and to the extent you use its data you, not Databar, bear all risk and liability arising from its collection methods and sources. Results obtained using your own credentials are Customer Data and are not shared with or re-used for anyone outside your Workspace, and we use your own credentials only for the requests you instruct.
5.2 Conditions on your use of Third-Party Data. Data Providers impose conditions on the use of their data, which apply to you, including any conditions we make available in the Service, the Documentation or otherwise. You must: (a) use Third-Party Data in compliance with those conditions, and keep it only while you have a lawful basis and a genuine need, subject to any retention limit we communicate for a Connector; (b) honor removal and suppression notices we relay within the periods in Section 8(c); (c) not use it for recruiting except in compliance with employment, equal-opportunity and data-protection law; and (d) cooperate with any verification request a Data Provider makes through us. Section 4.3, Section 4.4 (sensitive data) and Section 8(d) (eligibility decisions) also apply to Third-Party Data. A Data Provider may require us to end your access to its data.
5.3 Your own credentials and Custom Integrations. A "Custom Integration" is any API, endpoint, webhook, data source or other integration you configure or connect yourself. We do not review Custom Integrations, and their providers are not our agents or Sub-processors; you are solely responsible for your right to use it and for everything it returns, and we may block one at any time. When you connect your own provider account, CRM, tool or Custom Integration: (a) you confirm that you may use the credential and that use through the Service complies with your agreement with the provider; (b) you authorize us to use the credential for the requests you instruct, on your own quota and including automated and recurring runs, accept that the Service may reach everything the credential can, and are responsible for what those requests do in the connected system; (c) we are not responsible for the provider's acts, data or treatment of your account, including a suspension caused by use through the Service; and (d) you may disconnect a credential at any time, and we may refuse to use one at any time. We store your credentials only to carry out the requests you instruct, and remove them from the Service when you disconnect them or your Workspace is deleted; residual copies in backups or security logs are overwritten in the ordinary course and are not used.
5.4 Removal or change of Connectors. We may remove, suspend, re-price or change any Connector at any time for any reason. Removal is not a breach; your remedy is to use another Connector or cancel at the end of the Subscription Term.
5.5 Sole remedy for defective Third-Party Data. If Third-Party Data returned for a request is wrong, missing, duplicated or out of date, your sole and exclusive remedy, and our entire liability, is, at our discretion, a re-issue of any Credits consumed by that request.
6. AI Features
6.1 AI Features. "AI Features" are the parts of the Service that use AI models, and an "AI Provider" is a third party whose models we use. AI output may be inaccurate, incomplete, biased or invented; you are solely responsible for verifying it before relying on it, and for ensuring that Customer Data may lawfully be sent to the AI Provider concerned.
6.2 No training on your data. We do not use Customer Data, Enrichment Output or your prompts to train or fine-tune our own models or any AI Provider's. Where you run an AI model Connector on your own key, the AI Provider's terms with you govern retention and training. Nothing in this Section limits our use of Usage Data.
7. Collecting data from websites and the Chrome extension
7.1 Your collection, your responsibility. Some Connectors and features, including the Chrome extension, collect data from websites you choose. You select the targets and inputs, and the collection is yours: we provide the tool. For every website you point such a tool at, you are solely responsible for complying with its terms of use, robots.txt directives and technical restrictions and with Data Protection Laws for the Personal Data you collect, and for any claim by a website operator, Data Subject or regulator. We are not obliged to check whether a target permits automated collection and make no representation that any website may lawfully be collected from.
7.2 The Chrome extension. The extension runs in your own browser session: anything it collects is collected by you, using your own access, and is Customer Data. You must follow the terms of every site you use it on, and the Chrome Web Store terms also apply.
7.3 Our rights. We may disable any such Connector, feature or the extension for a Workspace, a website or generally, at any time.
8. Acceptable use
This Section applies to you and Your Users on every plan. You must:
(a) have a lawful basis for all Personal Data you upload, obtain or export and for every use of it, give Data Subjects the notices Data Protection Laws require, honor their rights, and not re-identify individuals from de-identified data;
(b) when contacting people using Enrichment Output, comply with the marketing, anti-spam and telemarketing laws of every country involved, include a working opt-out, honor do-not-call lists and apply your own suppression list in every tool you export to (this is your responsibility, not ours);
(c) honor objections, opt-outs, deletion requests and suppression notices from Data Subjects, Data Providers and us by removing the person's data from your Workspaces, exports and downstream systems and confirming to us in writing, within 30 days (unless you have a documented, independent lawful basis to keep the data) or, for a legal takedown such as a court order or a covered-person request, within the period the law requires and in any case 10 business days;
(d) not use the Service or its output to decide a person's eligibility for credit, insurance, employment, housing, benefits or any purpose covered by the US Fair Credit Reporting Act or a similar law (the Service is not a consumer reporting agency);
(e) not process sensitive data of the kinds in Section 4.4, and not run any facial-, emotion- or biometric-recognition process;
(f) not use the Service for decisions with legal or similarly significant effects on a person, or for surveillance or social scoring;
(g) not use the Service to locate, monitor, harass or expose a person, to contact a person in their private capacity, to send deceptive or threatening messages, or to harass or threaten our personnel;
(h) not circumvent a CAPTCHA, login wall, paywall, rate limit, IP block or other technical measure a website has applied, not use a fake, borrowed or shared account or one created in breach of a site's terms, and not collect from a site at a rate or volume that could degrade it;
(i) not create, link or rotate accounts, Workspaces, trials or codes to obtain more than a single plan's allowances, spread one business's use across several Workspaces or plans to stay under a limit, share one login between people, or use proxies, multiple keys or bots to defeat or disguise any limit, suspension or detection measure;
(j) not use the Service for anything unlawful, fraudulent, infringing or harmful, for law-enforcement, intelligence or immigration-enforcement purposes, or in a regulated activity that would require Databar to hold a license it does not hold; and
(k) cooperate promptly with our investigation of a complaint or suspected breach and any takedown or verification request we relay.
Section 3.2 also applies.
9. Credits and Actions
9.1 Usage units. Use of the Service is metered in usage units, which the Agreement calls "Credits" and "Actions". Each Connector's price in units is as shown in the Service, the Documentation or your Order, and may change at any time. Allotments, rollover, expiry and prices are as shown on the pricing page and in the product when you subscribe, renew or buy, and may change under Sections 11.4 and 22; a downgrade can reduce an accumulated balance.
9.2 No monetary value. Credits and Actions have no monetary value and cannot be exchanged for cash or transferred to another Workspace or person. On termination, all Credits lapse.
10. Fees, billing and cost recovery
10.1 Fees. You will pay the fees for your Subscription and add-ons as stated in your Order or, for self-serve plans, on the pricing page when you subscribe or renew ("Fees"), in the currency shown at checkout or in the Order. Self-serve Fees are charged to the payment method on file, in advance unless the Service states otherwise; you must keep that payment method valid and authorize us to charge it for all amounts due under the Agreement; enterprise Fees are invoiced and due as the Order states.
10.2 Taxes. Fees exclude sales, use, VAT, GST, withholding and similar taxes, which are your responsibility other than taxes on our net income; if you must withhold, you will gross up so that we receive the full Fee.
10.3 Late and failed payment; disputes. If a payment fails or is overdue, we may suspend access under Section 14.1, and the Subscription and its Credits may be withdrawn. Overdue amounts bear interest at 1.5% per month (or the legal maximum, if lower) and our reasonable costs of collection, including attorneys' fees, and the remaining Fees for the Subscription Term may become due. If you think an invoice is wrong, tell us in writing within 14 days of its date; after that the invoice is treated as accepted. Please raise billing questions with us directly rather than through a chargeback, which is a ground for immediate suspension.
10.4 No refunds. All Fees, Credits and Actions are non-refundable, and nothing is restored or compensated for any cancellation, termination, suspension, unused allotment, change, outage, deletion or other step we take under the Agreement, except only where the law requires a refund or a signed Order expressly provides one.
10.5 Cost recovery. You will reimburse the direct costs that a breach of the Agreement by you or Your Users causes us, including charges or penalties a Data Provider or other supplier imposes on us because of your use, chargeback and payment-dispute fees, and use beyond your plan limits at our then-current add-on price. We may charge it to your payment method on file or invoice it, due on receipt; if you dispute an amount, tell us in writing within 14 days and Section 10.3 applies. These amounts are actual cost, not a penalty, and are in addition to your indemnity.
11. Subscription term, renewal, cancellation and price changes
11.1 Subscription and Order. A "Subscription" is your right to use a plan for a Workspace during a Subscription Term. An "Order" is the plan you select in the Service or an order form signed by both parties. The "Subscription Term" is the monthly, quarterly or annual period you selected, and each renewal period.
11.2 Automatic renewal at then-current rates. Each Subscription renews automatically for a period equal to the previous one, at our then-current rates for the plan unless a signed Order fixes the price, unless you cancel before the renewal date.
11.3 Cancellation. You can cancel a self-serve Subscription at any time as the Service provides or by emailing info@databar.ai, with effect at the end of the current Subscription Term; subject to Section 14, you keep access until then. Enterprise Subscriptions are canceled by written notice under the Order.
11.4 Price changes. We may change a plan's Fees, allotments or Connector Credit prices, charge for previously free features, or change our billing methods on a going-forward basis, effective on posting in the Service or on notice by email, except that a change to the price of a Subscription you have already paid for applies from its next renewal. If you do not accept a change, cancel before it applies to you; continuing past that date is acceptance. Prices in a signed Order are fixed for the Subscription Term stated in it. We may correct errors in pricing, descriptions or availability on our website or in the Service at any time, including after you order.
12. Plans obtained through partners or promotions
12.1 Scope. Where you obtain access through a partner, marketplace, reseller, promotion, program, free plan or trial rather than as a Subscription billed by us, your plan includes exactly the features, limits, Connectors and allowances listed in the offer you accepted, as recorded at the time of purchase. Roadmap items and features described as "coming soon" or similar are not part of your plan unless and until we release them to the plan named in your offer, and the seller's statements outside the offer are not part of your plan. What Workspace settings or the product show at any later time does not enlarge your plan. Anything else we make available to such a plan is a courtesy we may add, change or withdraw at any time, and does not become part of your plan through availability or reliance. Only the offer, or a written upgrade from Databar naming your Workspace, counts, and we may withdraw a written upgrade unless it was paid for or says otherwise. We may end or change a trial at any time.
12.2 Duration. A plan described as "lifetime" or in similar terms lasts for as long as we offer the Service, subject to this Section 12 and Section 14. It is not a promise that any feature, Connector, integration or limit will remain as it was on the offer date.
12.3 Product changes. The Service changes over time for all customers (Section 2.5). Where we discontinue or change a feature, Connector or integration across the Service as a whole, the change applies to such plans as well, whether or not the offer listed it, and is not a breach or a reduction of your plan. Individual Connectors may change under Section 5.4 without notice. Where an offer describes your plan by reference to one of our plans, that reference identifies that plan as we define it from time to time; it does not entitle you to any other plan or to its features. Where the offer says your plan receives updates to a named plan, your plan receives the features we make generally available on that named plan from time to time, within the limits stated in the offer. We decide what that named plan contains and may keep it available for existing customers without offering it to new ones. Other plans we offer, at other prices or with other scope, are different plans, and your plan does not include them. We have added features to such plans over time and may continue to; we determine, at our discretion, which features beyond those listed, if any, are made available to your plan. None of this is a breach; if you do not accept a change, your remedy is to stop using the Service.
12.4 Conditions. Each purchase or code may be used once, by one business, in one Workspace, and may not be sold, shared or transferred; a transferred plan may be deactivated, and both parties to the transfer are responsible under the Agreement. Such plans are for the use of the business that bought them, including work for its own clients; reselling Third-Party Data, providing it to a data broker or list vendor, or offering a product or service built on the Service under such a plan is not permitted. Any allowance described as "unlimited" remains subject to Section 3.2(d).
12.5 The seller. Any refund is handled by the party you paid under its own policy, and the price of such a plan is not "Fees paid to Databar" for any purpose, including Section 19.4. A chargeback on the purchase ends the plan on the date it is raised, and a refund by the seller lets us deactivate it. The seller is not our agent, and nothing it says or shows beyond the offer binds us (Section 24.4).
12.6 Suspension and termination. Section 14.1 governs suspension and termination of such plans: we may suspend or terminate them on any ground in that Section or for any breach of Section 8 or Section 12.4, immediately, with or without notice and without refund from us.
13. Programmatic access
13.1 Scope and keys. "Programmatic Access" means any way of using the Service other than through its user interface, in every form we make available now or in the future, including the API, SDKs, command-line tools, the MCP server, webhooks, agent and automation integrations and any other programmatic interface. It is available on the plans that list it. API keys and other access credentials are tied to the Workspace they are issued for and are your responsibility under Section 3.1; we may revoke or rotate one at any time, and traffic must not be spread across Workspaces or keys to evade a limit. We may change, version or retire any form of Programmatic Access under Section 2.5. An open-source license on an SDK or tool governs that code only.
13.2 Agents and automated tools act as you. Any AI agent, script or automated tool that uses the Service with your credentials acts as you: every request binds you as if a Permitted User had made it, including spending Credits and Actions and exporting data. You are responsible for its instructions, permissions and supervision; any confirmation step the product offers is a safeguard, not a guarantee against unintended spending. Do not share your credentials or Programmatic Access with third parties without our written agreement.
14. Suspension and termination
14.1 Suspension and termination by Databar. For a paid Subscription billed by us, we may suspend all or part of your access to the Service, a Workspace, a Connector or an API key immediately and without notice on any breach of the Agreement, on non-payment, on fraud or a chargeback, where a law, court, regulator or supplier requires it, or where your use creates, in our judgment, a security, legal, reputational or operational risk to us or anyone else. We may terminate a paid Subscription on notice on any of those grounds, if a supplier requires us to end your access, or if you become insolvent. After a termination for breach you may not open a new account, directly or through anyone acting for you, without our written consent, and we may close any account opened in breach of this. We may lift a suspension once the issue is resolved and any amount due is paid; Fees accrue and Credits expire during a suspension. Trials and plans under Section 12 may be suspended or terminated on any ground in this Section or for any breach of Section 8 or 12.4, immediately, with or without notice and without refund from us (changes to such a plan are governed by Section 12.3), and on doing so we may close related Workspaces and codes held by the same business or person, decline future registrations and tell the party you bought from.
14.2 Automated enforcement and appeal. We may enforce the Agreement through automated systems (see the Privacy Policy), which can produce false positives, and may suspend, throttle, block, close or restrict access on those signals without prior human review. If you believe an action was taken in error, contact info@databar.ai from the Workspace owner's address within 10 business days with the information we ask for. If we find the action was wrong we may reverse it and restore access or any Credits that expired because of it; that is your sole remedy, and we are not otherwise liable for any action under this Section or Section 14.1.
14.3 Termination by Customer. You may terminate if we materially breach the Agreement and do not fix it within 30 days of your written notice, or at any time by canceling all Subscriptions and deleting your Workspaces.
14.4 Inactive Workspaces. If a Workspace has no active plan and is inactive for an extended period, we may delete it and everything in it without notice. Deleted data cannot be recovered.
14.5 Effect of termination. When the Agreement or a Subscription ends, your right to use the affected Workspace ends at once and Credits lapse; if it ended because of your breach, non-payment or insolvency, unpaid Fees for the Subscription Term become due. We may delete the Workspace and everything in it at any time afterwards; deletion is irreversible, and we are not liable for it. You are solely responsible for your own backups and exports.
14.6 Survival. Sections 1.5, 2.1, 3.2 to 3.4, 4 (the license in 4.2 continuing only to complete deletion and export), 5.1 to 5.3, 5.5, 6.2, 8, 9.2, 10, 12.4, 12.5, 14.2, 14.5, 14.6 and 15 to 24 survive termination, with any other clause that by its nature should survive.
15. Confidentiality
15.1 Definition. "Confidential Information" means information one party discloses to the other in connection with the Agreement that is marked confidential or that a reasonable person would understand to be confidential; the Service, unpublished Documentation and pricing, security and performance information, and the terms of any Order are ours. It excludes Customer Data, which Section 4 and the Data Processing Addendum govern, and information that is or becomes public without breach, that the recipient already lawfully had or receives from a third party without a duty of confidence, or that it develops independently.
15.2 Obligations and remedies. The recipient will use Confidential Information only to perform or exercise rights under the Agreement, protect it with at least reasonable care, and disclose it only to personnel, Affiliates, advisers, Sub-processors and actual or prospective investors, acquirers and lenders who need it and are bound by obligations at least as protective, or where required by law after reasonable notice where lawful. These obligations last for the Agreement and five years afterwards and, for trade secrets, for as long as they remain trade secrets. Breach may cause harm damages cannot fix, and the discloser may seek injunctive relief without posting a bond.
16. Security and data protection
16.1 Security. We maintain administrative, technical and physical safeguards designed to protect Customer Data, appropriate to the nature of the data and our size. No security measure is perfect, and we do not warrant that the Service will be secure or free from unauthorized access. You are solely responsible for the hardware, software and connectivity you use to access the Service, for the security of your own systems, connected accounts and credentials, for configuring Workspace roles and Connector permissions, and for data once it leaves the Service.
16.2 Security Incident notice. A "Security Incident" is a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data on systems we or our Sub-processors control. We will use commercially reasonable efforts to notify the Workspace owner by email without undue delay after we confirm a Security Incident affecting your Customer Data, with the information we then have, and will cooperate reasonably with your investigation and notifications, at your expense where the incident was not caused by our breach. Notice is not an admission of fault, unsuccessful attempts are not Security Incidents, and you remain responsible for your own notification obligations.
16.3 Data Processing Addendum; Privacy Policy. Our Privacy Policy describes how we handle personal information about you and Your Users; it is not part of the Agreement. The Data Processing Addendum is part of the Agreement and applies automatically whenever Data Protection Laws apply to Personal Data processed in connection with the Service; Section 24.6 governs any conflict between it and these Terms. "Data Protection Laws" means all laws that apply to that processing, including the GDPR, the UK GDPR, the Swiss FADP, the CCPA and other US state privacy laws. "Personal Data" means information relating to an identified or identifiable individual. "Controller", "Processor", "Business", "Service Provider", "Third Party" and "Data Subject" have the meanings in the applicable Data Protection Laws.
16.4 Sub-processors and transfers. A "Sub-processor" is a third party we engage to process Personal Data on your behalf. The Data Processing Addendum sets out how Sub-processors are disclosed and how you may object. Data Providers are not Sub-processors; requests about Third-Party Data are handled as the Privacy Policy describes. The Service may be hosted, and Personal Data may be processed, in the United States and in any other country where we or our Sub-processors operate, and transfers of Personal Data from the EEA, UK and Switzerland are governed by the mechanisms in the Data Processing Addendum.
16.5 Roles. For Customer Data you are the Controller (or Business) and we are your Processor (or Service Provider), as the Data Processing Addendum sets out. Roles for any other Personal Data are described in the Privacy Policy.
17. Warranties and disclaimers
17.1 Authority. You warrant that you have authority to enter into the Agreement, that doing so breaches no other agreement, and that your use of the Service and all Customer Data complies and will comply with all applicable laws.
17.2 As is, as available. TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE, THE DOCUMENTATION, ALL CONNECTORS, ENRICHMENT OUTPUT, THIRD-PARTY DATA, AI OUTPUT AND ALL SUPPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT ANY WARRANTY. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, LAWFULNESS, SECURITY AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR THE DOCUMENTATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, PRODUCE ANY RESULT, MATCH RATE OR DELIVERABILITY, WORK WITH OR SUPPORT ANY THIRD-PARTY SERVICE, OR MEET THE LEGAL OR REGULATORY REQUIREMENTS THAT APPLY TO YOUR BUSINESS, OR THAT ANY DATA PROVIDER, AI PROVIDER, HOSTING PROVIDER OR WEBSITE WILL REMAIN AVAILABLE OR KEEP ITS CURRENT TERMS, PRICES OR DATA; NO ADVICE FROM US CREATES A WARRANTY. WHERE AN IMPLIED WARRANTY CANNOT BE DISCLAIMED, ITS DURATION AND REMEDIES ARE LIMITED TO THE MINIMUM THE LAW PERMITS.
18. Indemnity and release
18.1 Indemnity by Customer. You will defend, indemnify and hold harmless Databar, our Suppliers, and our and their directors, officers, employees, agents and successors (the "Databar Indemnitees") from all claims, investigations and enforcement actions, and all resulting losses, fines, penalties, charges (including amounts a Data Provider charges us), costs and attorneys' fees, arising out of or relating to: (a) use of the Service by you or Your Users; (b) Customer Data, including any claim that it infringes rights or was processed without the necessary rights, notices or consents; (c) any use of Enrichment Output or Third-Party Data by you, Your Users or anyone who received it from you, including outreach made with it, any claim by a Data Subject, recipient, website operator, Data Provider or regulator, and any Data Provider's collection methods to the extent you used its data; (d) your breach of the Agreement or any actual or alleged violation of law, including privacy, anti-spam and telemarketing laws; (e) infringement of a third party's intellectual property, privacy or other rights; and (f) your negligence, fraud or willful misconduct.
18.2 Procedure and release. We may control the defense and settlement of any indemnified claim, at your expense, and you may not settle a claim involving us without our prior written consent. These obligations apply whether or not the claim succeeds. To the fullest extent the law allows, you also release the Databar Indemnitees from all claims of any kind arising directly or indirectly from the matters in Section 19.3, other than claims the law does not allow to be released.
19. Limitation of liability
19.1 Where the law does not let us limit. We do not exclude or limit our liability to you where it would be illegal to do so, and this Section applies to the fullest extent the law permits.
19.2 No indirect or consequential loss. NEITHER DATABAR, OUR SUPPLIERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL BE LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU, UNDER ANY THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTION, THE COST OF COVER, DAMAGE TO YOUR SYSTEMS, OR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICE, WHETHER OR NOT WE WERE TOLD SUCH LOSS WAS POSSIBLE AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19.3 Things we are not liable for at all. NEITHER WE NOR THE PERSONS NAMED IN SECTION 19.2 ARE LIABLE FOR: (A) ENRICHMENT OUTPUT, THIRD-PARTY DATA, AI OUTPUT OR ANY INFORMATION THE SERVICE RETURNS, OR YOUR RELIANCE ON IT; (B) ANY DATA PROVIDER, AI PROVIDER, THIRD-PARTY SERVICE, CUSTOM INTEGRATION, WEBSITE YOU COLLECT DATA FROM, OR THEIR CONDUCT, DATA OR METHODS; (C) ANY CONNECTOR, FEATURE OR FORM OF ACCESS, INCLUDING ITS CHANGE, REMOVAL, THROTTLING OR UNAVAILABILITY, AND ANY SUSPENSION, TERMINATION OR ENFORCEMENT ACTION UNDER THE AGREEMENT; (D) LOSS, DELETION OR CORRUPTION OF CUSTOMER DATA OR ENRICHMENT OUTPUT; (E) THE CONDUCT OR CONTENT OF YOU, YOUR USERS OR ANY OTHER USER, OR UNAUTHORIZED USE OF YOUR CREDENTIALS; OR (F) ANYTHING OUTSIDE OUR REASONABLE CONTROL.
19.4 Cap. OUR TOTAL AGGREGATE LIABILITY, TOGETHER WITH THAT OF OUR SUPPLIERS AND OF OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, UNDER ALL THEORIES AND ACROSS ALL YOUR WORKSPACES, IS LIMITED TO THE GREATER OF (A) THE FEES PAID TO DATABAR IN THE THREE MONTHS IMMEDIATELY BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIM AND (B) US$100, EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. "FEES PAID TO DATABAR" MEANS AMOUNTS YOU ACTUALLY PAID TO DATABAR, INC. ITSELF FOR THE WORKSPACE CONCERNED AND THAT WE RETAINED; IT EXCLUDES AMOUNTS PAID TO ANY MARKETPLACE, PARTNER OR RESELLER, WHETHER OR NOT PART WAS PASSED TO US, AMOUNTS REFUNDED OR CHARGED BACK, TAXES, AND THE NOTIONAL VALUE OF CREDITS, ACTIONS, TRIAL OR PROMOTIONAL ACCESS. THE CAP FOR TRIALS, PROMOTIONAL ACCESS AND ANY PERIOD WITHOUT FEES PAID TO DATABAR IS US$100. SECTIONS 19.2 TO 19.4 LIMIT OUR LIABILITY ONLY.
19.5 Basis of the bargain. The exclusions and limitations in Sections 17 to 19 are fundamental elements of the basis of the bargain: our pricing reflects them, we would not provide the Service at the Fees charged without them, you could have paid for a different allocation of risk under a signed Order, you have relied on them in entering into the Agreement, and they apply in every jurisdiction.
20. Publicity
We may identify you as a customer by name and logo on our website, in customer lists, sales materials and case studies, unless you object by email to info@databar.ai. You may not use our name, logo or marks without our prior written consent, other than a plain-text statement that your integration works with Databar.
21. Export controls and sanctions
You will comply with applicable US, EU and UK export control and sanctions laws. You confirm that neither you nor any of Your Users is a sanctioned person, owned 50% or more by one, or located in a territory subject to comprehensive US sanctions, and you will not use the Service or its output for any purpose those laws prohibit. We may suspend or terminate immediately if, in our judgment, this Section may have been breached.
22. Changes to the Agreement
22.1 Changes. We may update the Agreement at any time. Notice of material changes will be given in the Service or by posting the updated Agreement with a new effective date; other changes take effect on posting.
22.2 Your remedy. If you do not accept a change, your only remedy is to stop using the Service and cancel your Subscriptions before it takes effect; continued use after the effective date is acceptance. A signed Order may fix the version that applies for its Subscription Term.
22.3 Dispute clause changes. We will give 30 days' notice of a material change to Section 23. Such a change does not apply to any claim notified or filed before it takes effect, and if you reject it by opting out under Section 23.6 within those 30 days, the prior version of Section 23 continues to apply to you.
23. Governing law and disputes
23.1 Governing law. The Agreement and any dispute arising out of or relating to it or the Service are governed by the laws of the State of Delaware and applicable US federal law, including the Federal Arbitration Act, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
23.2 Talk first. Before starting arbitration or a court claim (other than for injunctive relief or our claim for unpaid Fees), the party with the complaint will send the other a written notice describing the dispute and the relief sought (to us at info@databar.ai; to you at the Workspace owner's email), and the parties will try in good faith to resolve it for 60 days. This step is a condition of starting formal proceedings, and limitation periods are suspended during those 60 days.
23.3 Arbitration. IF THE DISPUTE IS NOT RESOLVED WITHIN 60 DAYS, IT WILL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, EXCLUDING ANY RULES PERMITTING CLASS OR REPRESENTATIVE PROCEEDINGS, BEFORE A SINGLE ARBITRATOR SEATED IN WILMINGTON, DELAWARE, WITH HEARINGS BY VIDEO WHERE PRACTICAL. WHERE THE TOTAL AMOUNT SOUGHT IS UNDER US$10,000, THE ARBITRATION IS DECIDED ON DOCUMENTS ALONE UNLESS THE ARBITRATOR FINDS A HEARING NECESSARY, AND THE AAA'S EXPEDITED OR DESK PROCEDURES APPLY WHERE AVAILABLE. THE ARBITRATOR MAY AWARD ANY RELIEF AVAILABLE IN COURT TO THE INDIVIDUAL CLAIMANT, MUST APPLY THE AGREEMENT INCLUDING SECTIONS 17 TO 19, AND MUST ISSUE A REASONED WRITTEN AWARD; THE ARBITRATOR, NOT A COURT, DECIDES ALL QUESTIONS ABOUT THE SCOPE AND ENFORCEABILITY OF THIS SECTION 23, EXCEPT AS SECTION 23.5 PROVIDES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. EACH PARTY BEARS ITS OWN COSTS, EXCEPT AS SECTIONS 10.3, 10.5 AND 18 PROVIDE. THE ARBITRATION AND AWARD ARE CONFIDENTIAL INFORMATION, AND NO AWARD HAS PRECLUSIVE EFFECT IN ANY DISPUTE WITH A NON-PARTY.
23.4 Exceptions. Either party may seek injunctive or other equitable relief in any court to protect its intellectual property or Confidential Information or, in our case, the security of the Service or compliance with Sections 4 to 8, and we may sue for non-payment in court. Any matter not arbitrated is subject to the exclusive jurisdiction of the state and federal courts in Wilmington, Delaware, except that either party may enforce a judgment or seek injunctive relief anywhere.
23.5 Mass arbitration. If 25 or more similar demands are filed against Databar by or with coordinated counsel within 90 days, the AAA's Mass Arbitration Supplementary Rules apply and the demands proceed in rounds of ten bellwether cases, five chosen by each side, with the rest paused and their fees deferred. A bellwether award binds only its own parties. After each round the parties mediate the remaining demands for 60 days. If a demand is still unresolved after two rounds, either side may take it to court under Section 23.4, individually and with the class waiver in Section 23.7 still applying. Limitation periods are tolled for paused demands, and a court, not the arbitrator, decides whether this Section is enforceable.
23.6 Opt-out. You may opt out of arbitration by emailing info@databar.ai from the Workspace owner's email address, with the subject line "Arbitration opt-out", within 30 days of first accepting the Agreement; Section 23.4's court jurisdiction then applies to all disputes, we are also not bound to arbitrate, and the class and jury waivers still apply.
23.7 No class actions. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT IN ANY CLASS, CONSOLIDATED, COLLECTIVE, PRIVATE-ATTORNEY-GENERAL OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF DIFFERENT CUSTOMERS, UNLESS BOTH PARTIES AGREE IN WRITING. IF THIS WAIVER IS UNENFORCEABLE FOR A PARTICULAR CLAIM OR REMEDY, THAT CLAIM OR REMEDY ALONE WILL BE HEARD IN COURT UNDER SECTION 23.4, STAYED UNTIL THE ARBITRABLE CLAIMS ARE DECIDED, AND THE REST OF SECTION 23 REMAINS IN FORCE.
23.8 Jury waiver. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, IN ARBITRATION OR IN COURT.
23.9 EEA, UK and Swiss customers. If you are established in the EEA, the United Kingdom or Switzerland, nothing in the Agreement limits any right that Data Protection Laws, or the standard contractual clauses incorporated in the Data Processing Addendum, do not allow to be limited by contract.
23.10 Time limit for claims. Any claim either party has against the other arising out of or relating to the Agreement or the Service must be started, by notice under Section 23.2 followed by a demand for arbitration or a court filing, within one year after it arose, and is otherwise barred, except for claims to recover unpaid Fees or amounts under Sections 10.5 or 18, and where the law does not allow a limitation period to be shortened.
24. General
24.1 Assignment and subcontracting. You may not assign the Agreement without our prior written consent, and any attempt is void; we may assign it without your consent, including to an Affiliate or a successor in a merger, acquisition or sale of the relevant business. We may use Sub-processors and other subcontractors to provide the Service and remain responsible for their performance, subject to Section 19.
24.2 Notices. Legal notices to us must be sent by email to info@databar.ai and by mail to the address in Section 24.8, and take effect on the later of our acknowledgment of the email or our receipt of the letter; notices to you are sent to the Workspace owner's email address on file or given in the Service, and take effect when sent.
24.3 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disaster, epidemic, war, act of government, labor dispute, network failure, cyber-attack, and the failure, change of terms or withdrawal of any supplier; your payment obligations are not excused by any such event.
24.4 Independent contractors; third-party beneficiaries. The parties are independent contractors, and neither may bind the other. A partner, marketplace or reseller through which you obtained access is not our agent, and nothing it says or shows binds us. The Databar Indemnitees are intended beneficiaries of Sections 17 to 19, and Data Providers of Section 5.2; otherwise no third party has any right under the Agreement.
24.5 Severability and waiver. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in force, except that if the class waiver in Section 23.7 is unenforceable in its entirety, Section 23.3 does not apply. A failure or delay in enforcing a right is not a waiver, and a waiver is effective only in writing.
24.6 Entire agreement and order of precedence. The Agreement is the entire agreement between the parties about the Service and replaces all prior agreements and representations. Your purchase orders or vendor terms do not apply even if we accept or perform against them, and a partner or marketplace listing or promise binds us only to the extent Section 12.1 provides. In a conflict: a signed Order where it expressly overrides; then the Data Processing Addendum for its subject matter, without enlarging our liability beyond Section 19 except where Data Protection Laws require; then these Terms; then the Documentation.
24.7 Electronic contracting and interpretation. You agree to contract and receive notices and invoices electronically, and waive any requirement for a handwritten signature or paper record. Headings are for convenience, "including" means "including without limitation", and where the Agreement says we "may" do something, we may do it at our discretion. Defined terms describe things by their function, and a change in how the product names, labels, groups or meters them does not change the Agreement.
24.8 Contact.
Databar, Inc.
8 The Green, Ste B, Dover, DE 19901
United States
Email: info@databar.ai
Website: https://www.databar.ai
