Terms of Service

1. Agreement and parties

By creating an account, accessing app.datavibe.cc, calling DataVibe APIs, or otherwise using the Service, you (“Customer,” “you”) agree to these Terms of Service (“Terms”) with the DataVibe contracting entity identified at signup or on your order form (collectively, “DataVibe,” “we,” “us”). If you accept on behalf of a company, you represent that you have authority to bind that company. If you do not agree, do not use the Service.

These Terms incorporate by reference the Acceptable Use Policy, Privacy Policy, and (where executed) the Data Processing Agreement and Business Associate Agreement. Paid Growth and Enterprise plans are also subject to the Service Level Agreement.

2. What the Service is (and is not)

DataVibe provides software that can intercept, scan, score, log, queue for human review, approve, block, or (where Customer configures dispatch) transmit AI-generated or other Customer-submitted outbound content and related tool calls (the “Service”). Core primitives include policy evaluation (including deterministic scanners), an approval queue, audit exports, and optional outbound dispatch integrations.

• No legal advice. Policy templates, rule IDs, regulation labels, research pages, and audit trails are informational aids only.
• No guarantee of non-enforcement. Regulators, courts, counterparties, and platforms may still take action regarding content that passed, was queued, or was blocked by DataVibe.
• Customer controls configuration. You choose policies, thresholds, reviewers, fail modes, integrations, and whether to send after a verdict. Misconfiguration is your risk.
• Enterprise Shield / indemnity products (if offered) are governed solely by their separate written addendum. Nothing in these Terms creates coverage.

3. Accounts, API keys, and security

You must provide accurate registration information and keep credentials confidential. You are responsible for all activity under your workspace, API keys, and user accounts. Notify us promptly at [email protected] of suspected unauthorized access. We may suspend credentials that appear compromised or that violate the AUP or these Terms.

4. Acceptable use

You must use the Service only in compliance with applicable law and the AUP. Without limiting the AUP, you must not: (a) probe or attack the Service; (b) resell the Service without authorization; (c) submit malware; (d) attempt to bypass metering or usage limits; (e) use the Service to facilitate criminal activity; or (f) submit protected health information or other highly regulated data unless you have an active written BAA (or other required agreement) covering that submission and have configured the Service accordingly.

5. Customer content, outputs, and residual risk

“Customer Content” means prompts, payloads, message bodies, metadata, evidence attached by you, review decisions, and configuration you submit to or store in the Service. You retain ownership of Customer Content. You grant DataVibe a limited license to host, process, transmit, and display Customer Content solely to provide and secure the Service and as otherwise permitted in the Privacy Policy / DPA.

You represent and warrant that: (i) you have all rights and legal bases needed to submit Customer Content; (ii) Customer Content and your use of verdicts will not infringe third-party rights or violate law; and (iii) human reviewers (if any) are adequately trained for your regulatory obligations.

Scanners may miss violations (false negatives) or flag benign content (false positives). Fail-closed behavior may block legitimate traffic; permissive configuration may allow harmful traffic. You accept that residual risk as inherent to the Service.

6. Third-party services and models

The Service may call or integrate with third-party hosting, email, CRM, model, enrichment, or messaging providers you or we configure (see Sub-processors). Those providers have their own terms. DataVibe is not responsible for third-party outages, model accuracy, or content generated by models you connect. Optional AI features on marketing surfaces (if any) are disclosure-tagged and not part of production gate guarantees.

7. Fees, trials, and taxes

Paid plans are billed as described at checkout or on your order form (monthly/annual subscription and, where applicable, usage-based metering via Stripe). Prices are in USD unless stated otherwise. You authorize recurring charges to your payment method. Taxes are your responsibility except where we are required to collect them. Failed payments may suspend access after notice.

Cancellation, refunds, and disputes follow the Refund Policy and Section 5 of prior Terms language: annual plans may have a short initial refund window; usage overages generally are non-refundable once the metering period closes. Chargeback before contacting us may result in suspension pending resolution.

8. Intellectual property

DataVibe and its licensors own the Service, software, documentation, trademarks, policy engine design, and aggregated anonymized insights that do not identify you or your end users. Feedback you provide may be used to improve the Service without obligation to you. You must not reverse engineer the Service except to the limited extent such restriction is prohibited by law.

9. Confidentiality

Each party may receive non-public information from the other. The receiving party will use that information only to perform under these Terms and will protect it with reasonable care. Obligations do not apply to information that is public, independently developed, or rightfully received from a third party without duty. Compelled disclosure is allowed with prompt notice where legally permitted.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAVIBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT POLICY SCANS WILL DETECT ALL VIOLATIONS OR THAT ANY VERDICT ENSURES LEGAL COMPLIANCE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAVIBE AND ITS AFFILIATES, OFFICERS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, OR GOODWILL; COST OF SUBSTITUTE SERVICES; REGULATORY FINES OR PENALTIES; OR DAMAGES ARISING FROM CONTENT YOU SENT OR ACTIONS YOU TOOK AFTER A GATE VERDICT, EVEN IF ADVISED OF THE POSSIBILITY.

DATAVIBE'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS YOU PAID TO DATAVIBE FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR USD $100 IF YOU ARE ON A FREE OR TRIAL PLAN).

SLA service credits (if any) are your exclusive remedy for availability failures covered by the SLA. Nothing in these Terms excludes liability that cannot be limited under applicable law (for example, fraud or death/personal injury caused by negligence where such limits are void).

12. Customer indemnification

You will defend, indemnify, and hold harmless DataVibe and its affiliates, officers, directors, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Content; (b) your outbound messages, tool calls, or business decisions following any Service verdict; (c) your violation of law or these Terms / AUP; (d) disputes with your end users, employees, regulators, or counterparties; or (e) your integration configuration or third-party services you connect.

13. Suspension and termination

Either party may terminate for material breach if not cured within 15 days after written notice (or immediately for AUP / security violations). We may suspend the Service for non-payment, legal risk, or threats to platform integrity. Upon termination, your right to access ceases; sections that by nature should survive (including 2, 5, 8–12, 14–16) survive. Deletion of Customer Content follows the Privacy Policy / DPA retention schedule unless legal hold applies.

14. Dispute resolution; governing law

These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules. Except for claims seeking injunctive relief for IP or unauthorized access, or small-claims matters, any dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Wilmington, Delaware (or remotely by agreement). You may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, to the extent such waiver is enforceable.

15. Changes

We may update these Terms. For material adverse changes to paying customers, we will provide at least 14 days' notice by email or in-product notice before the effective date. Continued use after the effective date constitutes acceptance. If you object, you may terminate before the effective date.

16. General

These Terms are the entire agreement regarding the Service and supersede prior negotiations on that subject (except a signed Enterprise order form or addendum that expressly conflicts, in which case the signed order controls for the conflict). If any provision is unenforceable, the remainder remains in effect. You may not assign without our consent except to an affiliate or successor in a merger or sale of substantially all assets; we may assign to an affiliate or successor. Notices to DataVibe: [email protected]. Notices to you: the email on your account.

17. Contact

Legal: [email protected] · Privacy: [email protected] · Security: [email protected] · Contact form

These Terms are a commercial contract template published for transparency. They do not replace advice from your counsel for your jurisdiction or regulated use case. Enterprise customers may negotiate a custom MSA.