Your agreement with DataConcerto.AI
Please Read Carefully: These Terms of Service govern your use of DataConcerto.AI services. By accessing or using our services, you agree to be bound by these terms. If you do not agree with these terms, please do not use our services.
Welcome to DataConcerto.AI. These Terms of Service ("Terms") constitute a legally binding agreement between you (whether an individual or an entity) and CogNautics LLC, doing business as DataConcerto.AI ("DataConcerto.AI," "we," "us," or "our") regarding your use of our website, chatbot platform, and related services (collectively, the "Services").
By accessing or using our Services, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Throughout these Terms, we use certain defined terms:
To use certain features of our Services, you may need to create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You must be at least 16 years old to use our Services. If you are under 18, you must have your parent's or guardian's permission to use our Services. By using our Services, you represent and warrant that you meet these requirements.
Subject to your compliance with these Terms and any applicable subscription terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal or internal business purposes.
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
Technical support is provided according to your subscription plan. We do not guarantee that the support we offer will resolve your issues or be error-free.
We offer both free and paid subscription plans. Features, usage limits, and prices for each plan are described on our website. We reserve the right to modify our subscription plans and pricing at any time.
For paid subscriptions, you agree to pay all fees in accordance with the payment terms in effect when you subscribe. You must provide us with valid payment information at the time of purchase. By providing payment information, you represent that you are authorized to use the payment method.
Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and you authorize us to charge your payment method for the renewal term.
You may cancel your subscription at any time through your account settings or by contacting us. Cancellations will take effect at the end of the current billing period. We do not provide refunds for unused portions of a subscription period unless required by law.
In using our Services, you agree not to:
You retain ownership of any Content that you upload, share, or create using our Services. By uploading or sharing Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, modify, and display your Content for the purposes of providing and improving our Services.
You are solely responsible for all Content that you upload, share, or create using our Services. You represent and warrant that:
We do not monitor or control the Content that you or other users upload or share, and we make no guarantees regarding the accuracy, quality, or appropriateness of such Content. However, we reserve the right to review and remove any Content that violates these Terms or that we deem inappropriate or harmful.
All rights, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of DataConcerto.AI and its licensors. Nothing in these Terms shall be construed as granting you a right to use any of our trademarks, logos, domain names, or other distinctive brand features without our prior written consent.
If you provide us with any feedback or suggestions regarding our Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use the Feedback for any purpose, including to improve and enhance our Services.
The outputs generated by chatbots created using our Services may be owned by you or subject to shared rights, depending on the specific circumstances and the input provided. Please refer to our documentation for more details on ownership of chatbot-generated content.
Our collection and use of personal information in connection with your use of the Services is described in our Privacy Policy. By using our Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.
We reserve the right to change, modify, add, or remove portions of the Services at any time. We may also limit, suspend, or discontinue the Services at our discretion.
You may terminate your use of the Services or your Account at any time by following the instructions in your account settings or by contacting us.
We may terminate or suspend your access to the Services or your Account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
Upon termination, your account and right to access and use the Services will immediately cease. We may delete your Content and account data at our discretion. However, all provisions of these Terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
DATACONCERTO.AI AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATACONCERTO.AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT WILL DATACONCERTO.AI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless DataConcerto.AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Content, your use of any information obtained from the Services, or any use of the Services by a third party using your Account.
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.
Any dispute arising from or relating to these Terms or the Services will first be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations, it shall be submitted to binding arbitration in Philadelphia, Pennsylvania, in accordance with the rules of the American Arbitration Association.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR DATACONCERTO.AI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and DataConcerto.AI concerning your use of the Services.
No waiver by DataConcerto.AI of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DataConcerto.AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without DataConcerto.AI's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. DataConcerto.AI may assign or transfer these Terms, at its sole discretion, without restriction.
If you have any questions about these Terms, please contact us at:
Email: legal@dataconcerto.ai
Effective Date: May 1, 2025