Terms & Conditions

The information, products, and services provided by DataMind Labs, including but not limited to the DataMind AI Analytics platform, are offered on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied, unless otherwise specified in writing. DataMind Labs disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

While DataMind Labs endeavors to provide accurate and up-to-date information, we do not guarantee the completeness, accuracy, or reliability of any analytics, insights, or recommendations generated by our platform. The use of any data or insights provided by DataMind Labs is at your own discretion and risk, and you are solely responsible for any decisions or actions taken based on this information.

By using our services, you acknowledge that DataMind Labs is not liable for any direct, indirect, incidental, consequential, or special damages arising from your use of our platform or reliance on its outputs. You agree to use the platform in compliance with all applicable laws and regulations and not to hold DataMind Labs responsible for any loss or damage resulting from unauthorized or improper use of our services.

This disclaimer forms an integral part of our Terms and Conditions and may be updated at any time without prior notice. For further details, please refer to our full Terms and Conditions document.

Effective Date: January 1, 2025
 

Welcome to DataMind Labs. By using our services, you agree to the following terms and conditions. Please read them carefully.
 

1. Overview
DataMind Labs offers innovative AI solutions, including the AI Sales Agent, AI Customer Service Agent, and DataMind AI Analytics. These terms and conditions govern your use of our services and products.

 

2. Services Provided
 

2.1 AI Sales Agent:
The AI Sales Agent is designed to optimize your sales process by automating lead engagement, follow-ups, and data analysis.

2.2 AI Customer Service Agent: 
he AI Customer Service Agent provides 24/7 customer support, handling repetitive queries and improving customer satisfaction.

2.3 DataMind AI Analytics: 
DataMind AI Analytics delivers actionable insights for your business through advanced data processing, competitor analysis, and trend identification.
2.4 AI Tool Disclaimer and Limitation of Liability

The AI-powered tools and services provided by Datamind Labs (the “Services”) are designed solely to provide informational and analytical assistance. By accessing or using the Services, you acknowledge and agree to the following terms:

1. No Warranty: The Services and any AI-generated content are provided “as-is” and “as available,” without any representations, warranties, or guarantees of any kind, whether express, implied, statutory, or otherwise, including but not limited to accuracy, completeness, reliability, or fitness for a particular purpose.

2. Independent Verification Required: You are solely responsible for evaluating, verifying, and independently confirming any information, suggestions, or outputs provided by the Services. Datamind Labs does not endorse or guarantee any specific outcomes.

3. No Professional Advice: The Services do not constitute professional, legal, financial, medical, or other regulated advice. You should consult a qualified professional before acting on any information obtained through the Services.

4. Assumption of Risk: Any reliance on, or actions taken based on, AI-generated outputs is done entirely at your own risk. You bear full responsibility for all decisions, consequences, and outcomes resulting from your use of the Services.

5. Limitation of Liability: To the fullest extent permitted by law, Datamind Labs, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising from or related to your use of the Services, or reliance on AI-generated content, regardless of whether Datamind Labs has been advised of the possibility of such damages.

6. Indemnification: You agree to indemnify, defend, and hold harmless Datamind Labs from and against any claims, liabilities, losses, damages, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services or reliance on any AI-generated content.
   
    

3. Pricing and Payment
 

3.1 Pricing : 
The pricing for our services is outlined on our website or provided during the sales process. All prices are subject to change at our discretion; however, any price adjustments will not affect existing contracts until the next renewal period.

3.2 Payment Terms :
For monthly subscriptions, payment is due at the beginning of each monthly term and is non-refundable.
For annual subscriptions, payment is due at the beginning of each yearly term and is non-refundable.

3.3 Free Trial:
We offer a 14-day free trial for new customers to explore our services before committing to a paid subscription. After the trial period ends, the selected subscription plan will automatically begin, and payment will be required based on the agreed-upon terms. Customers may cancel at any time before the trial ends to avoid charges.

 

4. No Refunds
 

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4.1 Non-Refundable Fees:
Please note that monthly subscription fees are non-refundable. Once a payment has been made for the monthly subscription at the beginning of the term, no refund will be issued regardless of usage or satisfaction.

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5. User Obligations
 

5.1 Accurate and Complete Information:
You agree to provide accurate, current, and complete information during the account registration process and to update such information promptly as necessary. Failure to provide accurate information may result in the suspension or termination of your account, as well as any services associated with it. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5.2 Compliance with Applicable Laws and Regulations:
You agree to use our services in full compliance with all applicable local, state, national, and international laws, rules, and regulations. This includes, but is not limited to, compliance with intellectual property laws, data protection and privacy regulations, and export control laws. You are responsible for ensuring that your use of the services does not violate any laws or regulations, and you agree to cooperate with any investigations or requests by authorities related to your use of the services.

5.3 Prohibited Use and Illegal Activities:
You agree not to use our services for any unlawful or illegal activities. This includes, but is not limited to, the following:

• Engaging in fraud, misrepresentation, or deceptive practices.

• Attempting to disrupt, damage, or compromise the security of the services, servers, or networks associated with the services.

• Engaging in harassment, threats, or harmful behavior toward other users or third parties.

• Using the services to transmit or distribute malicious software, viruses, or other harmful code.

• Accessing, collecting, or using personal data without proper authorization or in violation of privacy laws.

• Using the services to infringe on the intellectual property rights of others, including copyright, trademarks, and patents.

• Conducting or participating in activities that could damage the reputation or goodwill of our company or services.

Any violation of this provision may result in the immediate suspension or termination of your account, along with any associated services, and may lead to legal action if necessary.

 

6. Data Privacy
 

6.1 Commitment to Data Privacy:
We take your privacy seriously and are committed to protecting the confidentiality and security of your personal and business information. Your trust is important to us, and we strive to handle your data in a transparent, secure, and responsible manner. We comply with all applicable data protection laws and regulations to ensure that your data is treated with the highest level of care.

6.2 Compliance with Data Protection Laws:
Our services are designed to comply with relevant data protection and privacy regulations, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable local, state, and international laws. By using our services, you acknowledge and agree that your personal data may be processed in accordance with these regulations.

6.3 Data Collection and Use:
We collect and use your data in accordance with our Privacy Policy, which explains the types of information we gather, how it is used, and for what purposes. This includes personal information, payment details, usage data, and any other information you provide while interacting with our services. We may use this data to deliver our services, improve user experience, conduct business operations, and fulfill legal or regulatory obligations.

6.4 Data Sharing and Third Parties:
We do not sell, trade, or rent your personal data to third parties. However, we may share your data with trusted third-party service providers or partners who assist in providing the services you have requested. These third parties are bound by confidentiality agreements and are required to process your data only in accordance with our instructions. We may also disclose your data if required by law, regulation, or legal process, such as a subpoena or court order.

6.5 Data Security:
We implement industry-standard security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. While we take all reasonable precautions to safeguard your information, please be aware that no data transmission or storage system can be guaranteed 100% secure. You are encouraged to take steps to protect your account, such as using strong passwords and promptly notifying us if you suspect any unauthorized access to your account.

6.6 Retention of Data:
We retain your data only for as long as necessary to fulfill the purposes outlined in our Privacy Policy or as required by law. Once your data is no longer needed, we will take steps to securely delete or anonymize it.

6.7 Your Rights and Choices:
Depending on your jurisdiction, you may have certain rights regarding your personal data, including the right to access, correct, delete, or restrict the processing of your data. You may also have the right to withdraw consent where we rely on consent for processing your data. To exercise any of these rights, or if you have concerns about how your data is being handled, please refer to the instructions in our Privacy Policy or contact us directly.

6.8 Changes to Data Privacy Practices:
We may update our data privacy practices from time to time to reflect changes in our business practices, legal requirements, or technological advancements. Any changes will be communicated to you through updates to our Privacy Policy. We encourage you to review the Privacy Policy periodically to stay informed about how we are safeguarding your data.

6.9 Privacy Policy:
For further information regarding how we collect, use, and protect your data, please refer to our detailed Privacy Policy, which forms an integral part of these Terms and Conditions. By using our services, you consent to the practices outlined in both our Privacy Policy and these Terms and Conditions.

 

7. Intellectual Property
 

7.1 Ownership of Intellectual Property:
All intellectual property rights related to our services, including but not limited to algorithms, software, code, designs, trademarks, logos, documentation, and any other materials or content provided by DataMind Labs (hereinafter referred to as "Intellectual Property"), are and will remain the sole and exclusive property of DataMind Labs. This includes any modifications, enhancements, updates, or derivatives created or developed by us during the course of providing services.

You acknowledge that you have no ownership or proprietary rights to any of our Intellectual Property, and that all rights, title, and interest in and to such Intellectual Property are retained exclusively by DataMind Labs or its licensors.

7.2 Limited License Grant:
Subject to your compliance with these Terms and Conditions, DataMind Labs grants you a limited, non-exclusive, non-transferable, and revocable license to use our services solely for your internal business purposes as outlined in these Terms. This license is granted for the duration of your subscription or agreement with DataMind Labs, and is restricted to the specific scope of use described in these Terms. You may not copy, modify, distribute, sublicense, or otherwise exploit the Intellectual Property for any other purpose without prior written consent from DataMind Labs.

7.3 Restrictions on Use:
Except as expressly permitted by these Terms, you agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any of our services or underlying software.

• Use the services in a manner that infringes upon or violates the intellectual property rights of DataMind Labs or any third parties.

• Rent, lease, sublicense, or transfer your rights to use the services to any third party, unless explicitly authorized by DataMind Labs.

• Create derivative works of the Intellectual Property or services provided by DataMind Labs.

• Use the services in any way that may damage, disable, or impair our systems, or interfere with other users’ use of the services.

7.4 Third-Party Intellectual Property:
Certain aspects of the services may involve third-party software, tools, or content that are subject to separate terms and conditions or licenses. You agree to comply with any applicable terms and conditions related to such third-party intellectual property. DataMind Labs does not own or control third-party intellectual property, and we make no representations regarding third-party services or content.

7.5 Feedback and Suggestions:
If you provide us with any feedback, suggestions, or recommendations regarding our services, you grant DataMind Labs a non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable right to use, modify, and incorporate such feedback into our services without any obligation to you. You acknowledge that any such feedback will be considered the property of DataMind Labs and that we are free to use it as we see fit.

7.6 Protection of Intellectual Property:
You agree to take all reasonable precautions to protect and safeguard the Intellectual Property provided to you. This includes ensuring that any employees, contractors, or third parties with access to our services are aware of and adhere to these terms. You must promptly notify DataMind Labs if you become aware of any unauthorized use, infringement, or misappropriation of our Intellectual Property.

7.7 Termination of License:
Upon termination or expiration of your agreement with DataMind Labs, your license to use our services will automatically terminate, and you must immediately cease all use of the services and return or destroy any materials containing our Intellectual Property, as requested by DataMind Labs. Any provisions of this Section that by their nature should survive termination, including but not limited to restrictions on use, confidentiality obligations, and ownership rights, will remain in effect after termination.

7.8 No Transfer of Rights:
Nothing in these Terms grants you any rights, title, or interest in any Intellectual Property of DataMind Labs, except for the limited rights expressly granted to you under this agreement. All rights not expressly granted to you are reserved by DataMind Labs.

 

8. Limitation of Liability
 

8.1 Exclusion of Indirect, Incidental, and Consequential Damages:
To the maximum extent permitted by law, DataMind Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our services, whether such damages were foreseeable or not. This includes, but is not limited to, any loss of profits, revenue, business, goodwill, or data, as well as any damages resulting from business interruption, system downtime, loss of use, or data corruption, even if DataMind Labs has been advised of the possibility of such damages.

8.2 Limitation of Total Liability:
DataMind Labs' total liability for any claim, whether based on breach of contract, tort (including negligence), strict liability, or any other legal theory, arising out of or relating to the use of our services shall not exceed the total amount paid by you for the specific service that caused the claim, in the month immediately preceding the event giving rise to the claim. In no event will DataMind Labs' liability exceed the amount you have paid for the service during that period.

8.3 No Liability for Third-Party Services:
DataMind Labs shall not be held liable for any issues or damages arising from the use of third-party services, products, or software integrated with or accessed through our services. Any third-party services are provided "as is" and subject to their own terms and conditions. You acknowledge and agree that DataMind Labs is not responsible for the performance, accuracy, availability, or security of any third-party service, and that your use of third-party services is at your own risk.

8.4 Force Majeure:
DataMind Labs shall not be liable for any failure or delay in performance under these Terms and Conditions due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, wars, pandemics, terrorism, labor disputes, government actions, equipment failure, or interruptions in internet or telecommunication services. In such cases, DataMind Labs will make reasonable efforts to resume performance as soon as possible, but no liability will be incurred for any delay or failure in performance.

8.5 No Warranty or Guarantee of Results:
While DataMind Labs strives to provide high-quality services, we make no representations or warranties regarding the results of using our services. We do not guarantee that our services will meet your specific requirements or expectations, or that they will be uninterrupted, error-free, or completely secure. Any reliance on the services is at your own risk.

8.6 Indemnification:
You agree to indemnify, defend, and hold harmless DataMind Labs, its affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or relating to your use of our services, your breach of these Terms, or your violation of any rights of a third party. This includes, without limitation, any claims based on intellectual property infringement, personal injury, or property damage resulting from your use of the services.

8.7 Acknowledgment:
You acknowledge and agree that the limitations of liability set forth in this section are a fundamental element of the agreement between you and DataMind Labs, and that in the absence of such limitations, the terms and conditions of this agreement would be materially different. You further agree that these limitations will apply even if a remedy provided hereunder fails of its essential purpose.

 

9. Termination
 

9.1 Termination by DataMind Labs:
We reserve the right to terminate or suspend your access to our services at any time, with or without notice, if we believe that you have violated any of these Terms and Conditions or any applicable laws or regulations. This includes, but is not limited to:

• Failure to make timely payments for services.

• Use of our services for illegal or prohibited activities.

• Breach of any representations or warranties made under these Terms.

• Any conduct that, in our sole discretion, is harmful to DataMind Labs or other users of the services.

In the event of termination due to a violation of these Terms, you will remain liable for any outstanding payments owed to DataMind Labs. DataMind Labs will not be liable for any damages or losses resulting from the termination of your access to the services. Upon termination, any licenses granted to you will immediately cease, and you must stop using the services.

9.2 Termination by You:
You may terminate your subscription at any time by providing at least 30 days’ prior written notice to DataMind Labs. If you choose to terminate your subscription, you will be responsible for any outstanding payments during the 30-day notice period, and any charges incurred up until the effective date of termination. Please note that monthly subscription fees are non-refundable, and no partial refunds will be issued for any unused portion of your subscription.

9.3 Effect of Termination:
Upon termination of your subscription or account, you will immediately cease all use of our services and return or destroy any confidential materials or data provided by DataMind Labs, as instructed. DataMind Labs will not be responsible for providing you with access to your data or any other content after termination. You will be required to settle any outstanding balance for services rendered prior to the termination date.

9.4 Outstanding Payments and Obligations:
Termination of your subscription or account does not relieve you of your obligation to pay any fees or charges accrued up to the termination date. You are responsible for ensuring that all payments owed to DataMind Labs are made in full. Failure to make these payments may result in the suspension of access to the services or further collection actions, including but not limited to the use of third-party collection agencies.

9.5 Suspension of Services:
In addition to termination, DataMind Labs may suspend access to our services if we determine, in our sole discretion, that you are in breach of these Terms or if we need to take necessary actions for maintenance, security, or compliance purposes. If your access is suspended, you will not be able to use the services until the issue is resolved. Suspension does not relieve you from your obligation to pay for the services, and you remain liable for all outstanding payments during the suspension period.

9.6 No Refunds:
Please be aware that monthly subscriptions are non-refundable. In the event that you terminate your subscription, whether voluntarily or due to a violation, you will not be entitled to a refund of any prepaid fees. Any outstanding fees for services rendered prior to termination will be due and payable.

9.7 Survival of Terms:
Notwithstanding the termination of your subscription or account, certain provisions of these Terms, including but not limited to intellectual property, confidentiality, indemnification, and limitations of liability, will survive and remain in effect following termination.

 

10. Governing Law

These terms are governed by the laws of Alberta, Canada. Any disputes will be resolved in the courts of Alberta, Canada.

 

11. Changes to Terms
 

11.1 Right to Modify Terms:
DataMind Labs reserves the right to modify, update, or amend these Terms and Conditions at any time, in our sole discretion. This includes changes to any provisions regarding the use of our services, payment terms, privacy practices, and any other aspects of the agreement. By continuing to use our services after such changes have been made, you acknowledge and agree to be bound by the updated Terms.

11.2 Notification of Changes:
When significant changes are made to these Terms, DataMind Labs will make reasonable efforts to notify you. This may include sending an email to the email address associated with your account or posting a notice of the changes on our website. You are responsible for reviewing any such notifications and familiarizing yourself with the revised Terms.

11.3 Effective Date of Changes:
Unless otherwise specified in the notification, the updated Terms will take effect immediately upon posting on our website or upon sending the notification. Continued use of our services after the effective date of the updated Terms will constitute your acceptance of the revised Terms.

11.4 Minor Changes:
For minor or non-substantial changes that do not materially affect your rights or obligations, we may not provide direct notification but will post the updated Terms on our website. You are encouraged to review the Terms regularly to ensure you are aware of any changes. Minor changes may include adjustments in wording, formatting, or clarifications of existing provisions.

11.5 Termination for Non-Acceptance:
If you do not agree with any of the changes to the Terms, you may terminate your subscription or account in accordance with the termination provisions outlined in these Terms. Continuing to use the services after changes have been posted constitutes your acceptance of those changes.

11.6 Binding Nature of Updated Terms:
By using our services after any changes to the Terms have been made, you confirm that you understand and agree to the updated Terms. It is your responsibility to periodically review these Terms to stay informed of any modifications. The most current version of the Terms will always be available on our website, and any prior versions will be superseded by the latest update.

11.7 Dispute Resolution for Changes:
If you have concerns or objections regarding the changes made to the Terms, please contact us promptly. If any dispute arises over changes to these Terms, the version of the Terms that was in effect at the time the issue occurred will govern, unless the updated Terms explicitly state otherwise.