1. Acceptance of Terms
Welcome to DataServ Inc. ("DataServ," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, applications, and any content or functionality offered through our platforms (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services. These Terms constitute a legally binding agreement between you and DataServ Inc.
2. Our Services
DataServ provides enterprise technology services including:
- Artificial Intelligence & Machine Learning solutions
- Intelligent automation and AI agent development
- Enterprise web and mobile application development
- Cloud infrastructure and DevOps services
- Data engineering and analytics solutions
- IT consulting and digital transformation services
Specific service terms may be outlined in separate service agreements or statements of work, which shall supplement these Terms.
3. Eligibility
To use our Services, you must:
- Be at least 18 years old or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding agreements
- Not be prohibited from using our Services under applicable laws
- Provide accurate and complete information when required
If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
4. User Accounts
When you create an account with us, you agree to:
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
- Promptly update your information if it changes
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or harmful activities.
5. Intellectual Property
5.1 Our Intellectual Property
All content, features, and functionality of our Services—including but not limited to text, graphics, logos, software, code, and documentation—are owned by DataServ or our licensors and are protected by intellectual property laws.
5.2 License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purposes, subject to these Terms.
5.3 Client Deliverables
Ownership of custom work products and deliverables shall be governed by the specific service agreement between DataServ and the client.
6. User Content
You retain ownership of content you submit through our Services. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process such content as necessary to provide our Services.
You represent that your content:
- Does not violate any third-party rights
- Complies with all applicable laws and regulations
- Does not contain harmful, illegal, or offensive material
7. Prohibited Activities
You agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Attempt to gain unauthorized access to our systems or data
- Interfere with or disrupt our Services or infrastructure
- Use our Services for fraudulent or malicious purposes
- Reverse engineer, decompile, or disassemble our software
- Resell or redistribute our Services without authorization
- Transmit malware, viruses, or other harmful code
- Scrape or collect data without our express consent
- Impersonate others or misrepresent your affiliation
8. Payment Terms
For paid Services:
- Fees are specified in your service agreement or order form
- Payment terms are typically net 30 days from invoice date
- Late payments may incur interest charges as permitted by law
- All fees are exclusive of applicable taxes
- Fees are non-refundable unless otherwise specified
We reserve the right to modify pricing with 30 days' notice for ongoing services.
9. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of our business relationship. Confidential information includes:
- Business strategies and plans
- Technical specifications and source code
- Customer data and personal information
- Pricing and financial information
- Any information marked as confidential
10. Warranties & Disclaimers
We provide our Services "as is" and "as available." While we strive for excellence, we make no warranties, express or implied, regarding:
- The availability, reliability, or accuracy of our Services
- Fitness for a particular purpose
- Non-infringement of third-party rights
- Results or outcomes from using our Services
Specific warranties may be provided in your service agreement, which shall take precedence over this general disclaimer.
11. Limitation of Liability
To the maximum extent permitted by law, DataServ shall not be liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from service interruptions or delays
- Third-party actions or content
Our total liability shall not exceed the amounts paid by you for the Services in the 12 months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless DataServ, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your content submitted through our Services
13. Termination
Either party may terminate the relationship as specified in your service agreement. We may suspend or terminate your access immediately if you violate these Terms.
Upon termination:
- Your right to access our Services ends
- Outstanding fees become immediately due
- Provisions that should survive termination will remain in effect
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in New Hampshire.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after changes constitutes acceptance of the modified Terms.
16. Contact Information
For questions about these Terms, please contact us:
DataServ Inc.
One Tarablvd, Suite 102
Nashua, NH 03062, USA
Email: legal@dataservinc.com
Web: www.dataservinc.com
