1. Acceptance of Terms

These Terms of Service (“Terms”) form a binding agreement between you (“Customer,” “you,” or “your”) and DATALYR INC. (“Datalyr,” “we,” “us,” or “our”). By creating an account, clicking “I Agree,” or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.

3. Accounts & Security

You agree to provide accurate information, keep your credentials confidential, and promptly notify us of any unauthorized use. You are responsible for all activities that occur under your account.

4. Subscriptions, Fees & Payment

• Plans & Limits – Plan details and pricing are published on datalyr.com/pricing.

• Billing – Fees are billed in advance via Stripe and are non‑refundable except as required by law.

• Changes – Upgrades take effect immediately with a prorated charge; downgrades apply at the next billing cycle.

• Taxes – You are responsible for any taxes associated with your use of the Service.

5. License & Acceptable Use

Subject to these Terms, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Service for your internal business analytics. You may not:
a. Reverse‑engineer, decompile, or disassemble any part of the Service;
b. Resell, sublicense, or offer the Service on a white‑label basis without written consent;
c. Use the Service to violate any law, infringe any intellectual‑property right, or transmit malware;
d. Access the Service to build a competing product.

6. Customer Data

You retain all rights in data that you or your end‑users submit to the Service (“Customer Data”). You grant Datalyr a worldwide, limited license to process Customer Data solely to provide and improve the Service, troubleshoot issues, and meet legal obligations.

7. Third‑Party Services

The Service integrates with third‑party platforms (e.g., Supabase, Nango, Meta, Stripe). Your use of those services is governed by their separate terms; Datalyr is not responsible for third‑party failures or disputes.

8. Intellectual Property

The Service, including all software, logos, and trademarks, is owned by Datalyr or its licensors. Except for the limited license granted above, no rights are transferred to you.

9. Feedback

If you choose to provide suggestions or ideas (“Feedback”), you grant us a perpetual, worldwide, royalty‑free right to use the Feedback without restriction.

10. Confidentiality

Each party agrees to protect the other’s confidential information with reasonable care and to use it only for performing obligations under these Terms.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT REPORTS OR DATA WILL BE ERROR‑FREE OR UNINTERRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATALYR’S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12‑MONTH PERIOD WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THAT PERIOD. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA.

13. Indemnification

You will indemnify and hold harmless Datalyr, its affiliates, and their officers, directors, and employees from any claim arising out of your (a) misuse of the Service, (b) violation of these Terms, or (c) infringement of any third‑party right.

14. Term & Termination

These Terms start when you first use the Service and continue until terminated. Either party may terminate for convenience at any time by written notice. Upon termination: (i) your access ceases; (ii) you must cease all use; (iii) we will delete or return Customer Data in accordance with the Privacy Policy; (iv) prepaid fees are non‑refundable.

15. Governing Law & Venue

These Terms are governed by the laws of the State of Wyoming, excluding conflict‑of‑laws rules. Any dispute arising under these Terms will be resolved in the state or federal courts located in Sheridan County, Wyoming, unless the arbitration clause below applies.

16. Dispute Resolution & Arbitration

Before filing a claim, the parties agree to attempt in good faith to resolve any dispute within 30 days. If unresolved, the dispute will be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Either party may seek injunctive relief in court to stop unauthorized use or infringement of intellectual‑property rights.

17. Changes to the Terms

We may modify these Terms at any time. Material changes will be posted at least 14 days before the effective date. Continued use after the effective date constitutes acceptance.

18. Miscellaneous

• Entire Agreement – These Terms constitute the entire agreement and supersede all prior agreements.

• Severability – If any provision is unenforceable, it will be limited to the minimum extent necessary.

• Assignment – You may not assign these Terms without our prior written consent.

• Force Majeure – Neither party is liable for failure to perform due to causes beyond reasonable control.

19. Contact

For questions about these Terms, email hello@datalyr.com or write to:
DATALYR INC., 40 North Gould Street, Sheridan, WY 82801