Datacy, Inc. provides this website, our web application, and our browser plugin (collectively, the
Services) subject to your agreement to and compliance with these terms (the
Datacy puts you in charge of your data by giving you the tools to manage it, the power to control who uses it and the opportunity to earn money every time you share it. By using our browser extension, linking existing data sources to our Platform, answering questions, or simply interacting with our products, you can execute a variety of functions, including but not limited to understanding what is known about you online, getting insights into your online behavior and to earn rewards from your data.
Use of Services
You must be at least eighteen (18) years old to use the Services. By using the Services, you represent that you meet this minimum age requirement. In the event that we discover that an individual under the age of 18 has provided personally identifiable information to us, we will make efforts to delete the individual’s information along with the entire account in accordance with any applicable regulations.
Some parts or all of the Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.
Permission to Use Services
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable license to use our Services for personal use and not for commercial resale or further distribution. Except for your pre-existing rights and this license granted to you, we retain all rights, titles, and interests in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. By using our Services, you accept not to authorize any third party to (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services.
Your Registration and Use Obligations
In consideration of your use of the Services, you agree to (a) provide true, accurate, current, and complete information about yourself as may be prompted by the Service and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your
Permissions You Grant Us to Provide the Services
Storing and Processing Your Data
If you elect to create a Datacy account, you give us permission to securely store, anonymize, analyze, process and aggregate the data that you provide to us through the Platform solely for the purposes of providing you the Services, including (i) the ability to review and correct the accuracy of your data, (ii) to draw relevant analytics and insights from your data (iii) to download, export and or delete a copy of such data, or (iv) to license your aggregated data, in the form of insights, with participating Businesses.
Where you elect to license your data or take other paid actions in exchange for a monetary reward, you agree that Datacy may represent this value in an account assigned to you, until such time as you are able to receive such funds as they become available. You agree and understand that to receive the value represented in your account, your account balance must meet a minimum value threshold and that you may be rewarded in credits, points, or other non-monetary means. You understand that if you delete your data or close your account, these outstanding balances are lost.
You own all data collected, stored, and shared through the Platform and you can manage your data through your personal dashboard. You choose what data you share within the Datacy Platform. You give Datacy an unlimited, royalty-free, and worldwide license to re-license your data with your consent and to use it to train our algorithms for the purpose of giving you the best service we possibly can and to increase the value of your data.
Datacy allows you to collect your data residing on certain Third-Party Platforms for use on the Datacy Platform when you link them to the datacy network.
Datacy uses YouTube API Services to enable you to collect your data from Youtube. By connecting Youtube to the Platform you agree to be bound by the YouTube Terms of Service, which can be found here:https://www.youtube.com/t/terms
Access to our Services
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject or remove any data that you import, share or utilize, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability. This means you can lose any earnings or data you may accrue within your Datacy account.
You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as we may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the Service software, or compile or collect any Service content provided to you as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any parts of the Service; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service content.
Restricted Areas of the Service
Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons (
Password-Protected Areas). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you. We cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Trademarks and Service Marks
Datacy, the Datacy logo, and any other product or service name or slogan displayed on our Services are the intellectual property of Datacy, Inc. and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Datacy, Inc. In addition, the look and feel of our Services, including all page headers, graphics, button icons, and scripts, is the service mark, trademark, trade dress, and or copyrighted material owned by Datacy, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (
Feedback). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, fully paid-up, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, within any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Copyright Complaint Policy
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (
DMCA) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
Information reasonably sufficient to permit us to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
In the event that we update this Agreement and you are made aware of the update, your continued use of the Services after the update, or other agreement to the updated terms, shall constitute an agreement to the updated terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.
We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
All notices given by you or required under this Agreement shall be in writing and addressed to [email protected]
This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.
Disclaimers and Limitation on Liability
We cannot guarantee the Services will be running perfectly 100% of the time. We will address bugs and flaws as quickly as possible to optimize your experience. If our Service contains an inaccuracy or error, we reserve the right to correct any such errors and to change/update information at any time without prior notice.
Our Service is designed to make inferences about you, your preferences, likes, and dislikes. Such assumptions may not always be accurate, and result in receiving communications that do not necessarily reflect your personal preferences.
If you choose to get paid for licensing your data through the Platform - or for taking any other actions in exchange for earnings - there could be potential tax implications for which you are solely responsible for reporting and remitting to the appropriate tax authority.
In the event of any data breach or loss thereof, we will use our best efforts to remediate any breach and or restore lost data, but cannot guarantee that our Service is 100% fail-safe from being hacked, or impacted by other third parties or acts of God beyond our control.
You agree and acknowledge that we provide the services
as is and without any warranty or condition, express, implied, or statutory. We, our parents, subsidiaries, officers, directors, shareholders, members, managers, employees, advisors, and suppliers, specifically disclaim any implied warranties of title, accuracy, suitability, applicability, merchantability, performance, fitness for a particular purpose, non-infringement, or any other warranties of any kind relating to the services.
Limitation of Liability
We and our suppliers and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenue, credits, earnings, profits, goodwill, use, data, privacy or other intangible losses (even if we have been advised of the possibility of these damages), resulting from your use of our services. Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, the greater of the amount which (1) you have paid to us for your use of the services and for the twelve (12) month period prior to the claim, or (2) you have received (earned) from your use of the service during the same period.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees, and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) your use of the Services, (b) your violation of the Agreement, and (c) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Services.
Cancellation and Termination
You can cancel your account and download and delete your data on the Platform at any time. Datacy may also suspend or terminate your account if you violate these Terms and in which case you may lose all data and or earnings accrued therein.
You agree that any claim or dispute arising out of or relating in any way to the Services will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The US Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Alabama shall govern this Agreement, and shall be used in any arbitration proceeding.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim addressed to 1721 3rd Ave N, Suite 201, Birmingham, AL 35203
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and we agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuses of intellectual property or other proprietary rights.
To the extent arbitrations do not apply, you agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you in a state or federal court located in the State of Alabama.