Effective Date: June, 2024
These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://www.datamantis.ai (“Website”) and the AI and data science-based solutions offered by DataMantis LLC (“Solutions”). By accessing or using the Website or Solutions, you agree to be bound by these Terms.
1. Use of the Solutions
1.1. The Solutions are intended for use by businesses only. You are responsible for ensuring that you have the authority to enter into this Agreement on behalf of your business.
1.2. The Solutions are provided “as is” and “as available.” We make no warranties, express or implied, regarding the accuracy, completeness, reliability, or performance of the Solutions.
1.3. You are responsible for the accuracy and completeness of all data that you provide to us. We are not responsible for any errors or omissions in the results generated by the Solutions due to inaccurate or incomplete data.
1.4. You are responsible for complying with all applicable laws and regulations in connection with your use of the Solutions.
1.5. We reserve the right to modify or discontinue the Solutions, or any part thereof, at any time without notice.
2. Intellectual Property
2.1. All intellectual property rights in and to the Website and Solutions, including all copyrights, trademarks, patents, and trade secrets, are owned by us or our licensors.
2.2. You are granted a non-exclusive, non-transferable, limited license to use the Website and Solutions in accordance with these Terms.
2.3. You may not modify, reverse engineer, decompile, disassemble, or create derivative works of the Website or Solutions.
2.4. You may not use the Website or Solutions for any illegal or unauthorized purpose.
3. Data Ownership
3.1. You retain ownership of all data that you provide to us.
3.2. We may use your data to improve the Solutions and for other internal purposes. We will not share your data with any third party without your consent, except as necessary to provide the Solutions or as required by law.
4. Limitation of Liability
4.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SOLUTIONS.
4.2. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES FOR LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, AND PERSONAL INJURY.
5. Term and Termination
5.1. These Terms will remain in full force and effect so long as you continue to access or use the Website or Solutions.
5.2. We may terminate these Terms at any time, with or without cause, upon written notice to you.
5.3. You may terminate these Terms by ceasing to access or use the Website or Solutions.
6. Governing Law and Dispute Resolution
6.1. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.
6.2. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts located in Collin County, State of Texas.
7. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
8. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
9. Waiver
Our failure to enforce any provision of these Terms will not be construed as a waiver of such provision or any other provision of these Terms.
10. Notice
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by overnight courier service to the addresses set forth below.
If to us:
DataMantis LLC
5900 Balcones Drive, Suite 100
Austin, TX 78731
11. Force Majeure
We will not be liable for any delay or failure to perform our obligations hereunder due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, labor strikes, or natural disasters.
12. Independent Contractors
The relationship between you and us is that of independent contractors, and neither party is an agent, employee,