Terms of Use
DataAlly Terms of Service
Effective Date: May 30, 2025
These Terms of Service ("Agreement") govern your use of the DataAlly website and related services (collectively, the "Services") provided by Brighter Click, LLC ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by this Agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree with these terms, do not use the Services.
1. Definitions
"Customer Data" means all data, content, and information submitted by you or on your behalf in connection with your use of the Services.
"Permitted Users" means individuals authorized by you to use the Services.
"Services" means the DataAlly software platform, associated documentation, and any related offerings provided by us.
"Subscription" means your right to access the Services on a recurring basis as outlined in your plan.
2. Eligibility and Account Registration
You must be at least 18 years old to use the Services. You are responsible for maintaining the confidentiality of your login credentials. You agree to provide accurate information and notify us immediately of any unauthorized use of your account.
3. Subscription, Fees, and Billing
Subscriptions are billed in advance and renew automatically unless canceled. You agree to pay all applicable fees based on your selected plan. We reserve the right to change pricing with notice prior to renewal. Free trials may require credit card information and may result in data deletion if not upgraded before expiration. Any Customer Data entered during a free trial may be permanently deleted unless a paid Subscription is activated before the trial ends.
If you are on a monthly plan, you may cancel your subscription at any time. No refunds will be issued for partial months or unused time within a billing cycle. Your access will continue until the end of the current billing period.
If you are on an annual plan, you may cancel at any time but are responsible for the full remaining balance for the current subscription term. Refunds will not be issued for unused months within the annual period.
If you are on a custom plan (e.g., via an Order Form), you are responsible for the full term of the agreement as outlined. No refunds will be issued for early termination unless otherwise specified in the custom agreement.
In the event we terminate your account for convenience (i.e., not due to your breach), we will issue a pro-rata refund for any prepaid, unused portion of your subscription.
4. Access and Use
You are granted a non-exclusive, non-transferable right to use the Services during your Subscription for internal business purposes. You agree not to:
- Share login credentials.
- Resell or sublicense access.
- Use the Services to build competing products.
- Reverse engineer, decompile, or modify the Services.
We reserve the right to suspend or terminate access to the Services for violations of this Agreement, including for breach of terms, abuse of the system, or failure to pay Subscription fees.
5. Service Availability
We aim to maintain service availability and will make reasonable efforts to ensure uptime. However, we do not guarantee uninterrupted access and are not liable for downtime due to planned maintenance, outages beyond our control, or issues arising from third-party service providers.
6. Intellectual Property
We retain all rights, title, and interest in the Services, including improvements and enhancements. You retain ownership of Customer Data but grant us a non-exclusive license to use it to provide and improve the Services. Suggestions and feedback you provide may be used by us without compensation or obligation.
7. Privacy and Data Use
Your use of the Services is subject to our Privacy Policy, which outlines how we handle Customer Data. You represent that you have obtained necessary rights and consents to submit any third-party data.
We may use de-identified, aggregated data to improve our Services, machine learning models, and overall functionality.
8. Third-Party Services
We may integrate with third-party tools (e.g., Stripe). We are not responsible for their performance, privacy practices, or availability.
9. AI and Automation Disclaimer
Some features may use artificial intelligence. Outputs may not be accurate and should not be solely relied on. You assume all risk for use of AI-generated insights. We disclaim liability for any damages arising from such use.
10. Termination and Suspension
You may cancel at any time via your account settings. We may suspend or terminate access for cause with notice. Upon termination, access ends and your data may be deleted. Refunds are not provided for unused time axcept in the event we terminate the Services for convenience.
Enterprise contracts may include separate terms that supplement or override this Agreement.
11. Indemnification
You agree to indemnify and hold us harmless from claims, damages, or expenses arising from your use of the Services or your violation of this Agreement.
12. Limitation of Liability
To the extent permitted by law, our total liability for claims under this Agreement is limited to the amount you paid us in the 30 days before the event giving rise to the claim. We are not liable for indirect, incidental, or consequential damages.
13. Modifications to Terms
We may update these terms from time to time. We will notify you by email or in-app notice. Continued use of the Services after the effective date constitutes acceptance.
14. Governing Law
This Agreement is governed by the laws of North Carolina, USA. You agree to submit to the exclusive jurisdiction of the courts located in North Carolina.
15. General Provisions
- Assignment: You may not assign this Agreement without our written consent. We may assign it in connection with a merger, acquisition, or sale.
- Severability: If any part of this Agreement is found invalid, the rest remains in effect.
- Entire Agreement: These terms constitute the entire agreement between you and us regarding the Services.
Contact
If you have questions about this Agreement, contact us at support@dataally.ai
Effective Date: May 30, 2025
These Terms of Service ("Agreement") govern your use of the DataAlly website and related services (collectively, the "Services") provided by Brighter Click, LLC ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by this Agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree with these terms, do not use the Services.
1. Definitions
"Customer Data" means all data, content, and information submitted by you or on your behalf in connection with your use of the Services.
"Permitted Users" means individuals authorized by you to use the Services.
"Services" means the DataAlly software platform, associated documentation, and any related offerings provided by us.
"Subscription" means your right to access the Services on a recurring basis as outlined in your plan.
2. Eligibility and Account Registration
You must be at least 18 years old to use the Services. You are responsible for maintaining the confidentiality of your login credentials. You agree to provide accurate information and notify us immediately of any unauthorized use of your account.
3. Subscription, Fees, and Billing
Subscriptions are billed in advance and renew automatically unless canceled. You agree to pay all applicable fees based on your selected plan. We reserve the right to change pricing with notice prior to renewal. Free trials may require credit card information and may result in data deletion if not upgraded before expiration. Any Customer Data entered during a free trial may be permanently deleted unless a paid Subscription is activated before the trial ends.
If you are on a monthly plan, you may cancel your subscription at any time. No refunds will be issued for partial months or unused time within a billing cycle. Your access will continue until the end of the current billing period.
If you are on an annual plan, you may cancel at any time but are responsible for the full remaining balance for the current subscription term. Refunds will not be issued for unused months within the annual period.
If you are on a custom plan (e.g., via an Order Form), you are responsible for the full term of the agreement as outlined. No refunds will be issued for early termination unless otherwise specified in the custom agreement.
In the event we terminate your account for convenience (i.e., not due to your breach), we will issue a pro-rata refund for any prepaid, unused portion of your subscription.
4. Access and Use
You are granted a non-exclusive, non-transferable right to use the Services during your Subscription for internal business purposes. You agree not to:
- Share login credentials.
- Resell or sublicense access.
- Use the Services to build competing products.
- Reverse engineer, decompile, or modify the Services.
We reserve the right to suspend or terminate access to the Services for violations of this Agreement, including for breach of terms, abuse of the system, or failure to pay Subscription fees.
5. Service Availability
We aim to maintain service availability and will make reasonable efforts to ensure uptime. However, we do not guarantee uninterrupted access and are not liable for downtime due to planned maintenance, outages beyond our control, or issues arising from third-party service providers.
6. Intellectual Property
We retain all rights, title, and interest in the Services, including improvements and enhancements. You retain ownership of Customer Data but grant us a non-exclusive license to use it to provide and improve the Services. Suggestions and feedback you provide may be used by us without compensation or obligation.
7. Privacy and Data Use
Your use of the Services is subject to our Privacy Policy, which outlines how we handle Customer Data. You represent that you have obtained necessary rights and consents to submit any third-party data.
We may use de-identified, aggregated data to improve our Services, machine learning models, and overall functionality.
8. Third-Party Services
We may integrate with third-party tools (e.g., Stripe). We are not responsible for their performance, privacy practices, or availability.
9. AI and Automation Disclaimer
Some features may use artificial intelligence. Outputs may not be accurate and should not be solely relied on. You assume all risk for use of AI-generated insights. We disclaim liability for any damages arising from such use.
10. Termination and Suspension
You may cancel at any time via your account settings. We may suspend or terminate access for cause with notice. Upon termination, access ends and your data may be deleted. Refunds are not provided for unused time axcept in the event we terminate the Services for convenience.
Enterprise contracts may include separate terms that supplement or override this Agreement.
11. Indemnification
You agree to indemnify and hold us harmless from claims, damages, or expenses arising from your use of the Services or your violation of this Agreement.
12. Limitation of Liability
To the extent permitted by law, our total liability for claims under this Agreement is limited to the amount you paid us in the 30 days before the event giving rise to the claim. We are not liable for indirect, incidental, or consequential damages.
13. Modifications to Terms
We may update these terms from time to time. We will notify you by email or in-app notice. Continued use of the Services after the effective date constitutes acceptance.
14. Governing Law
This Agreement is governed by the laws of North Carolina, USA. You agree to submit to the exclusive jurisdiction of the courts located in North Carolina.
15. General Provisions
- Assignment: You may not assign this Agreement without our written consent. We may assign it in connection with a merger, acquisition, or sale.
- Severability: If any part of this Agreement is found invalid, the rest remains in effect.
- Entire Agreement: These terms constitute the entire agreement between you and us regarding the Services.
Contact
If you have questions about this Agreement, contact us at support@dataally.ai