1. Agreement
These Terms of Service (“Terms”) govern access to and use of the Datasync platform, APIs, and related managed services (“Services”). By signing an order form or using the Services, the subscribing organization (“Customer”) agrees to these Terms.
2. Access & usage rights
- Datasync grants Customer a non-exclusive, non-transferable right to use the Services for the term defined in the order form.
- Customer is responsible for maintaining the confidentiality of its credentials and ensuring that users comply with these Terms.
- Customer must not reverse engineer, resell, or use the Services for unlawful purposes.
3. Customer data
Customer retains ownership of all data transmitted through the Services. Datasync processes Customer data solely to provide the Services and improve security, in accordance with the Data Processing Addendum (DPA) where applicable.
4. Service levels & support
Datasync will provide the support and uptime commitments defined in the applicable order form or service level agreement. Planned maintenance will be communicated in advance via the status page.
5. Fees & payment
Fees are invoiced according to the order form. Payments are due within 30 days of invoice date unless otherwise specified. Late payments may incur interest at 1.5% per month.
6. Confidentiality
Each party agrees to protect the other party’s confidential information with the same degree of care it uses to protect its own. Confidential information includes technical data, roadmaps, pricing, and any information marked confidential.
7. Security
Datasync maintains industry-standard security practices including encryption, access controls, and incident response procedures. Details are available at /security-compliance.
8. Warranties & disclaimers
Datasync warrants that it will provide the Services in a professional manner substantially consistent with documentation. Except as expressly stated, the Services are provided “as is” and Datasync disclaims all other warranties.
9. Limitation of liability
Except for breaches of confidentiality or misappropriation of intellectual property, each party’s total liability is limited to the fees paid in the twelve months preceding the claim. Neither party is liable for indirect or consequential damages.
10. Term & termination
Either party may terminate for cause if the other party materially breaches these Terms and fails to cure within 30 days of notice. Upon termination, Customer’s access will end, and Datasync will delete Customer data per the DPA.
11. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to conflicts of law. The parties consent to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.
12. Contact
Questions about these Terms should be sent to legal@datasync.com.