Terms of Service

1. Agreement to Terms

By accessing or using Datengem (“Service,” “Platform,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Datengem provides a no-code AI chatbot platform that enables users to:

• Upload and process documents to create AI-powered knowledge bases
• Build and deploy custom AI chatbots trained on their data
• Integrate AI assistants across multiple platforms (web, Slack, Teams, etc.)
• Access analytics and insights about chatbot performance
• Customize chatbot appearance and behavior

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized access or security breaches

You must be at least 18 years old to create an account. Accounts registered by “bots” or automated methods are not permitted.

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Engage in fraudulent, deceptive, or manipulative practices
• Harass, abuse, or harm other users
• Collect or store personal data of others without consent
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble the Service
• Use the Service for competitive purposes or to build competing products
• Generate spam, phishing content, or misleading information
• Create content that is illegal, offensive, or discriminatory

5. Subscription Plans and Billing

5.1 Paid Subscriptions

Some features require a paid subscription. By purchasing a subscription:

• You agree to pay all fees associated with your chosen plan
• Fees are charged in advance on a recurring basis (monthly or annually)
• All fees are non-refundable except as required by law
• We reserve the right to change pricing with 30 days' notice

5.2 Free Trial

We may offer a free trial period. If you do not cancel before the trial ends, you will be automatically charged for the subscription. You may cancel anytime during the trial without charge.

5.3 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access until the end of your current billing period. No refunds will be provided for partial periods.

6. Data and Content Ownership

6.1 Your Data

You retain all ownership rights to the content and data you upload to the Service (“Your Data”). You grant us a limited license to:

• Store, process, and transmit Your Data to provide the Service
• Create AI models and chatbots based on Your Data for your exclusive use
• Generate analytics and insights from Your Data for your benefit

We will not use Your Data to train models for other customers or for any purpose other than providing the Service to you.

6.2 Data Protection and Processing (GDPR Compliance)

For customers subject to GDPR:

• Data Controller/Processor Relationship: You are the Data Controller; we are the Data Processor for Your Data
• Data Processing Agreement (DPA): Our DPA is incorporated into these Terms and available at datengem.com/dpa
• Data Subject Rights: We will assist you in responding to data subject requests within 72 hours
• Data Portability: You can export Your Data at any time in standard formats (JSON, CSV)
• Data Deletion: Upon request or account termination, we delete Your Data within 30 days

6.3 Your Responsibilities

You represent and warrant that:

• You have all necessary rights and permissions to upload and process Your Data
• Your Data does not violate any third-party rights or applicable laws
• You have obtained all necessary consents for processing personal data in Your Data
• You comply with all applicable data protection laws (GDPR, CCPA, etc.)

6.4 Our Intellectual Property

The Service, including its software, features, design, and content, is owned by Datengem and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

7. Security and Compliance (SOC 2)

7.1 Security Commitments

We maintain SOC 2 Type II compliance and implement the following security controls:

• Data Encryption: AES-256 encryption at rest, TLS 1.3 in transit
• Access Controls: Multi-factor authentication, role-based access, least privilege principle
• Security Monitoring: 24/7 security operations center (SOC) and intrusion detection
• Vulnerability Management: Regular security assessments and penetration testing
• Incident Response: Documented procedures with notification within 72 hours
• Audit Logging: Comprehensive audit trails for all data access and changes

7.2 Compliance Certifications

• SOC 2 Type II: Annual audits available upon request
• ISO 27001: Information security management system compliance
• GDPR: Full compliance for EU/EEA customers
• CCPA: California Consumer Privacy Act compliance
• HIPAA: Available for healthcare customers (BAA required)

7.3 Security Incident Notification

In the event of a security incident affecting Your Data, we will notify you within 72 hours and provide regular updates on our investigation and remediation efforts. We will cooperate with your incident response requirements and regulatory obligations.

8. Service Availability and Support

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• Specific uptime percentages (except as specified in Enterprise SLAs)
• That the Service will meet all your requirements
• The accuracy or reliability of AI-generated responses

8.1 Service Level Agreements (SLAs)

Enterprise customers may be eligible for SLAs providing:

• 99.9% uptime guarantee (excluding scheduled maintenance)
• Priority support with defined response times
• Service credits for downtime exceeding SLA thresholds

We reserve the right to modify, suspend, or discontinue any part of the Service with 30 days' notice for material changes.

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATENGEM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability shall not exceed the amount you paid us in the 12 months prior to the event giving rise to the liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless Datengem and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Data or content uploaded to the Service

10. Audit Rights and Compliance

10.1 SOC 2 Audit Reports

We provide the following audit documentation to enterprise customers under NDA:

• Annual SOC 2 Type II audit reports
• Security questionnaires and documentation
• Penetration test summaries (redacted)
• Compliance certifications and attestations

10.2 Customer Audit Rights

Enterprise customers with written Data Processing Agreements may:

• Request security questionnaires and documentation annually
• Review our SOC 2 reports to verify compliance
• Conduct audits with 30 days' notice (fees may apply)
• Receive notification of material security changes

10.3 Regulatory Cooperation

We will cooperate with regulatory audits and inquiries as required by law, including GDPR supervisory authorities and other data protection regulators.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Request by law enforcement or government agencies
• Fraudulent, illegal, or harmful activities
• Non-payment of fees

11.1 Data Return and Deletion

Upon termination:

• You will have 30 days to export Your Data via our dashboard or API
• We will delete Your Data within 30 days after the export period
• Deleted data may persist in backups for up to 90 days before permanent deletion
• We will provide written confirmation of data deletion upon request

12. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through:

• Good faith negotiation between the parties (30-day period)
• Binding arbitration if negotiation fails (except where prohibited by law)
• Governing law: State of California, United States
• Jurisdiction: Courts of San Francisco, California
• EU customers: Local courts retain jurisdiction for consumer disputes under EU law

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be communicated as follows:

• Material Changes: 30 days' notice via email and in-app notification
• Minor Changes: Posted on this page with updated “Last updated” date
• Your Rights: If you disagree with changes, you may terminate within the notice period

Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact Information

If you have questions about these Terms, please contact us: