DP.

These Datpaq API General Terms of Service (these “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“Customer,” “you,” or “your”), and Datpaq API Inc. (“Datpaq,” “we,” “us,” or “our”), concerning your access to and use of the Datpaq website (the “Site”) and the associated application programming interfaces (the “APIs” or “Services”).

By submitting or otherwise agreeing to an Order Form, clicking “I Agree” (or a similar button), or by accessing or otherwise using the Services, you agree to be bound by these Terms, the applicable Order Form, and any applicable Additional Terms (collectively, the “Agreement”). If you do not agree to these Terms, do not access or use the Services.

If these Terms are accepted by a person that represents a company or organization, when you accept the Terms, the Terms are accepted by all members of the organization, employees of the company and/or its affiliates.

We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

1. Eligibility and Accounts

1.1. Eligibility and Authority

The Services are intended for users who are at least eighteen (18) years old. By using the Services, you represent that you have the legal capacity to enter into this Agreement and, if you are registering on behalf of an organization, that you have the authority to bind that organization to these Terms.

1.2. Account Setup and Authorized Users

Access to the Services requires registration and the creation of an Account.

• Customer Accounts: You agree to provide accurate and complete registration information.
• Authorized Users: The Customer may designate one or more users to access and use the Services on its behalf (“Authorized Users”). The Customer is solely responsible for its Authorized Users' compliance with this Agreement.
• Credential Security: You and your Authorized Users must keep API Keys and passwords confidential. Sharing access credentials with any individual outside of your organization or outside of the defined Authorized Users constitutes a material breach of this Agreement.
• De-authorization: The Customer must promptly de-authorize access for any employee or person who is no longer an Authorized User (e.g., upon termination of employment or contract).

2. License and Restrictions

2.1. Limited License

Subject to your full compliance with this Agreement, Datpaq grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited right to access and use the Services solely for your internal business purposes as specified in the applicable Order Form.

2.2. Prohibited Activities and Restrictions

You agree not to, and will not permit any Authorized User or third party to:

• Competitive Use: Access or use the Services for the purpose of bringing an intellectual property infringement claim against Datpaq, or to create, design, or operate any product or service that is competitive with or derivative of the Services.
• Reverse Engineering: Modify, copy, create derivative works of, disassemble, decompile, reverse engineer, reproduce, or republish any part of the Services or its underlying software.
• Data Compilation/Scraping: Systematically retrieve, collect, or compile data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from Datpaq.
• Unlawful Use: Access or use the Services in a way that violates any applicable law, regulation, or ordinance, including laws regarding the export of data or software and sanctions.
• Harmful Code: Transfer to or through the Platform any information or materials that contain, transmit, or activate any Harmful Code (e.g., viruses, worms).
• Resale: Sell, resell, license, sublicense, distribute, make available, rent, or lease the Services.

3. Fees, Payment, and Cancellation

3.1. Fees and Subscriptions

Access to the Services is purchased as a subscription for the term stated in the applicable Order Form (“Subscription Period”). You will pay the fees listed at the time of subscription (“Fees”).

• Non-Refundable: All Fees paid are non-cancellable and non-refundable, except as expressly stated otherwise in this Agreement.
• Overage Charges: If your use of the APIs exceeds the fixed quantity or usage limits set out in your Subscription Period, you will be charged for such excess usage at the then-current overage rates.

3.2. Automatic Renewal and Fees Subject to Change

Unless you provide written notice of cancellation seven (7) days prior to the end of the then-current Subscription Period, your subscription will automatically renew for an additional term equal to the expiring term. At the time of automatic renewal, the subscription fee will be charged to the Credit Card or Direct Debit/ACH bank account last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card or Direct Debit/ACH bank account. If you do not wish to renew the subscription, you must inform us at least seven (7) days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized the Company to charge the subscription fee to the Credit Card or Direct Debit/ACH bank account last used by you. Prepayments are nonrefundable.

From time to time, we may change the price of the Services. Any increase in charges will not apply until the expiration of your then current billing cycle.

3.3. Payment Obligations and Chargebacks

You authorize us to charge all applicable Fees to your designated payment instrument.

• Customer Responsibility: You are solely responsible for payment of all chargebacks, refunds, and associated fees of any kind whatsoever against any merchant account used in connection with the Services.
• Offset: Datpaq reserves the right to offset any negative balances (including chargebacks and reversals) against any disbursements due to you or, if necessary, debit your provided bank account or payment instrument for the balance.

4. Intellectual Property and Data

4.1. Datpaq Property

Datpaq retains all Intellectual Property Rights (as defined below) in and to the Services, the APIs, the underlying software, the Site, and all related documentation, updates, improvements, and derivative works thereof. This Agreement does not grant the Customer any IP rights in the Services, only a limited right of use.

4.2. Customer Data

The Customer retains all Intellectual Property Rights in and to its content, information, and materials (collectively, “Customer Data”) transferred to or processed by the Services. The Customer grants Datpaq a limited, non-exclusive right to use Customer Data solely as necessary (a) to provide, maintain, and support the Services; and (b) to prevent or address service, security, support, or technical issues.

4.3. Usage Data and Feedback

Datpaq may generate and use technical logs, aggregated, anonymized data, and learnings about Customer's and its Authorized Users' use of the Services (“Usage Data”) to operate, improve, analyze, and support the Services and for other lawful business purposes. If Customer provides feedback or suggestions (“Feedback”), Datpaq may use such Feedback without restriction, obligation, or compensation.

4.4. Privacy

our privacy is important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your personal information. Our privacy policy is included under the scope of this Terms. To read our privacy policy in its entirety, click here.

5. Termination and Suspension

5.1. Suspension of Access

Datpaq may, in its sole discretion, suspend the Customer's access to the Services, in whole or in part, immediately and without notice, if (a) the Customer is delinquent on any payment; or (b) there is a risk to the security, integrity, or availability of the Datpaq platform or if the Customer violates the Prohibited Activities section (Section 2.2).

5.2. Termination

Either party may terminate this Agreement by providing written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receiving written notice.

6. Service Level and Security

6.1. Uptime Commitment

Datpaq will use commercially reasonable efforts designed to ensure that the Services provide a monthly uptime of 99.9% of the time during the Subscription Period, except for periods of scheduled downtime for routine maintenance and service.

6.2. Information Security

Datpaq will implement and maintain administrative, technical, and physical safeguards consistent with generally accepted industry standards to protect Customer Data from unauthorized access, disclosure, or use.

7. Warranties, Indemnification, Remedies, and Liability

7.1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DATPAQ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DATPAQ DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE.

7.2. Mutual Indemnification

A. By Datpaq: We will indemnify, defend, and hold harmless the Customer from and against any third-party claim alleging that the Services, when used in accordance with this Agreement, directly infringe a valid patent, copyright, or trademark of that third party.

B. By Customer: You will indemnify, defend, and hold harmless Datpaq, its affiliates, and their respective directors, officers, and employees from and against any third-party claim, liability, damage, or expense (including reasonable attorneys' fees) arising from or related to: (i) your or your Authorized Users' use of the Services in breach of this Agreement; (ii) any Customer Data; or (iii) any violation of applicable laws by you or your Authorized Users.

7.3. Remedies

In the event that the Company determines, in its sole discretion, that you have breached any of these Terms, or have otherwise engaged in inappropriate conduct, the Company may, in addition to the arbitration process set forth below and any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (v) take any other action which the Company deems to be appropriate.

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, or for any non-United States of America based organizations, the Association for International Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the State of Delaware, United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The prevailing party shall be entitled to attorney's fees. Notwithstanding anything to the contrary, Company may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

7.4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATPAQ BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, PROFITS, OR GOODWILL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SERVICES. DATPAQ'S TOTAL CUMULATIVE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO DATPAQ DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Miscellaneous

8.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Delawarewithout regard to its conflict of laws principles.

8.2. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, or public health emergencies, provided the party notifies the other party and uses commercially reasonable efforts to mitigate the effects of the event.

8.3. Notices

All notices must be in writing. Notices to Datpaq must be sent to the contact information specified on in the Terms. Notices to the Customer will be sent to the email address associated with your Account. Notice will be deemed given when sent (if by email) or when received (if by physical mail).

8.4. Entire Agreement

This Agreement, including any applicable Order Forms, constitutes the entire agreement between you and Datpaq concerning the subject matter herein and supersedes all prior or contemporaneous communications, agreements, and understandings, written or oral, regarding such subject matter.

8.5. Severability and Waiver

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The failure of either party to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

8.6. Assignment

You may not assign or transfer this Agreement, or any rights or obligations hereunder, without Datpaq's prior written consent, and any attempted assignment in violation of this section shall be void. Datpaq may freely assign or transfer this Agreement in its entirety without your consent.

9. Contact Us

9.1. Contact Information

If you have any questions or comments about the Terms as set forth above, you can contact us.

7420 Brock Road, PO Box 102
Spotsylvania, VA 22553