Terms & Conditions for DataFog, Inc.

Effective May 12, 2025


1. Your Agreement With Us

By using the DataFog website, APIs, or any related services (the Service), you agree to these Terms & Conditions (the Terms). If you don't agree, don't use the Service. If you're acting for a company, you promise you have authority to bind that company—the word you then means both the company and its users.

2. Who We Are

DataFog, Inc. (DataFog, we, our) is a Delaware C-corporation that builds software for detecting, anonymizing, and managing sensitive data in files. Our address is 1209 Orange St., Wilmington, DE 19801 USA.

3. Account Basics

  • Age & legality. You must be at least 18 and able to form a binding contract.
  • Accuracy. Provide true, complete information; keep it current.
  • Security. Keep your password secret. You're responsible for everything done through your account unless caused by our willful misconduct.

4. Your Content

  • Ownership. You keep all rights to files, text, or data you upload (Content).
  • License to us. You grant us a non-exclusive license to process and store Content only as needed to provide the Service and improve core detection models (using de-identified data).
  • Responsibility. You must have the right to upload the Content and make sure it doesn't violate law or another party's rights.

5. Acceptable Use

Don't:

  • Upload unlawful, offensive, or highly sensitive data you're not authorized to process.
  • Reverse-engineer, probe, or overload the Service.
  • Use the Service to build a competing product.
  • Try to remove or alter proprietary notices.
  • Resell or sublicense the Service without a written reseller agreement.

We may suspend or terminate accounts that break these rules.

6. Plans, Fees, and Payments

  • Free tier. Limited scans per day, as described on our pricing page.
  • Paid plans. Billed in advance monthly or annually through Stripe or Paddle. Fees are non-refundable unless required by law.
  • Taxes. You're responsible for applicable taxes, except taxes on our income.
  • Changes. We can change prices or plan limits with 30 days' notice. If you continue to use the Service after changes take effect, that counts as acceptance.

7. Intellectual Property

The platform, code, models, logos, and trademarks are ours or our licensors'. Using the Service doesn't give you any ownership rights beyond the limited license in Section 4.

8. Beta Features

We may label parts of the Service "beta," "preview," or similar. They may be unreliable, change without notice, or disappear. Use them at your own risk.

9. Warranty Disclaimer

The Service is provided "as is" and "as available." We disclaim all warranties—express, implied, or statutory—including merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee that scans are error-free or that the Service will be uninterrupted, secure, or meet your needs.

10. Limitation of Liability

To the fullest extent allowed by law:

  • Indirect damages. We're not liable for lost profits, lost data, business interruption, or consequential damages.
  • Cap. Our total liability for any claim is limited to what you paid DataFog in the 12 months before the event giving rise to the claim (or $100 if you're on the free tier).

Some jurisdictions don't allow some disclaimers, so parts of this section may not apply to you, but it'll apply as broadly as the law allows.

11. Indemnification

If your use of the Service violates these Terms or another party's rights, you'll defend and indemnify DataFog and its officers and employees from any resulting claims or losses.

12. Termination

  • By you. Cancel anytime in your dashboard; the account ends at the close of the billing cycle.
  • By us. We can suspend or terminate for material breach (including non-payment) or to comply with law.
  • After termination. We'll delete your Content within 30 days unless a longer period is required by law or your plan includes a backup window.

13. Changes to These Terms

We may update these Terms occasionally. We'll post the revised version and, for material changes, email or in-app notify you at least 30 days in advance. Continuing to use the Service after changes means you agree to the new Terms.

14. Export & Sanctions

You promise you're not on U.S. sanctions lists and won't use the Service where prohibited by export laws.

15. Governing Law & Disputes

  • Law. The Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules.
  • Forum. Any dispute that can't be settled informally will be resolved in the state or federal courts located in New Castle County, Delaware. You and DataFog consent to those courts' personal jurisdiction.
  • Exception. Either party may seek injunctive relief anywhere to stop misuse of its intellectual property or confidential information.

16. Entire Agreement & Severability

These Terms plus any order form are our entire agreement. If a court finds part of a provision unenforceable, the rest remains in effect, and the invalid part will be enforced to the maximum extent allowed.

17. Contact

DataFog, Inc.

1209 Orange St., Wilmington, DE 19801 USA

legal@datafog.ai