These Terms of Service ("Terms") govern your access to and use of the website and services provided by DataDay Technology Solutions ("DataDay," "we," "us," or "our"). By accessing this website or engaging our services, you agree to these Terms.
1. Services
DataDay provides technology services including custom AI agents and automation, custom software and application development, website development, system integrations, Splunk development, and ransomware backup and recovery solutions. The specific scope, deliverables, fees, and timelines for any engagement are defined in a separate written proposal, order form, or statement of work ("Agreement"), which together with these Terms governs that engagement. If there is a conflict, the Agreement controls.
2. Accounts & Eligibility
Some services may require an account or access credentials. You are responsible for keeping your credentials secure and for all activity under your account. You must be at least 18 years old and authorized to enter into these Terms on behalf of yourself or the organization you represent.
3. Fees & Payment
Subscription services (such as AI Workforce agents and Ransomware Resilience plans) are billed on a recurring basis as described at the time of purchase or in your Agreement. Unless stated otherwise, subscriptions are month-to-month and may be cancelled with notice as provided in your Agreement. Usage-based charges (for example, AI token usage) are billed in arrears. One-time fees, such as build or setup fees, are due as set out in your Agreement. Fees are non-refundable except where required by law or expressly stated.
4. Acceptable Use
You agree not to misuse the website or services, including by attempting to gain unauthorized access, interfering with normal operation, reverse engineering except as permitted by law, using the services to violate any law or third-party rights, or transmitting malicious code. We may suspend access for conduct that we reasonably believe violates these Terms or poses a risk to others.
5. Intellectual Property
Unless your Agreement states otherwise, DataDay retains ownership of its pre-existing materials, tools, frameworks, and know-how. Upon full payment, you receive the rights to the custom deliverables produced specifically for you as described in your Agreement. The DataDay name, logo, and website content are owned by DataDay and may not be used without permission.
6. Your Data
You retain ownership of the data and content you provide to us. We process your data to deliver the services and in accordance with our Privacy Policy. We do not sell your data, and we do not use your private business data to train publicly available AI models.
7. Third-Party Services
Our services may integrate with or rely on third-party platforms and APIs. We are not responsible for third-party services, and your use of them may be subject to their own terms.
8. Disclaimers
The website and services are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or that AI-generated output will be accurate in every case; you remain responsible for reviewing outputs used in your business.
9. Limitation of Liability
To the maximum extent permitted by law, DataDay will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability arising out of or relating to the services will not exceed the amount you paid to us for the services giving rise to the claim in the twelve (12) months preceding the event.
10. Termination
Either party may terminate an engagement as provided in the applicable Agreement. We may suspend or terminate access to the website or services if you materially breach these Terms. Provisions that by their nature should survive termination will survive.
11. Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above. Your continued use of the website or services after changes take effect constitutes acceptance.
12. Governing Law
These Terms are governed by the laws of the United States and the state in which DataDay is organized, without regard to conflict-of-laws principles.
13. Contact
Questions about these Terms? Email us at contact@datadaytech.com.