Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and DataThemis ("Company," "we," "us," or "our") concerning your access to and use of our website and services. By accessing or using our services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our services.

2. Services

DataThemis provides technical solutions and consulting services for small businesses, including but not limited to:

• Website development and design
• SEO optimization and digital marketing
• Google Ads management and consulting
• Email and CRM setup and management
• Technical integrations and custom tool development
• Ongoing technical support and maintenance

3. User Eligibility

By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our services on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.

4. Account Registration

To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Service Agreements and Scope

Specific services will be provided pursuant to separate service agreements or statements of work that outline the scope, deliverables, timeline, and fees. These service agreements are incorporated by reference into these Terms. In the event of a conflict between these Terms and a service agreement, the service agreement shall prevail.

6. Fees and Payment

You agree to pay all fees associated with the services you purchase. Payment terms will be outlined in your service agreement. Unless otherwise specified:

• Fees are due upon receipt of invoice or as otherwise specified
• Late payments may incur interest charges at the rate of 1.5% per month
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise specified in writing
• You are responsible for all applicable taxes

7. Intellectual Property Rights

Our Property

The website and services, including all content, features, and functionality, are owned by DataThemis and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

Your Property

You retain all rights to any content, data, or materials you provide to us ("Client Content"). By providing Client Content, you grant us a limited license to use, reproduce, and modify such content solely for the purpose of providing services to you.

Deliverables

Upon full payment, you will own all custom deliverables created specifically for you, subject to any third-party components or pre-existing materials which remain the property of their respective owners.

8. Client Responsibilities

You agree to:

• Provide timely information, materials, and approvals necessary for service delivery
• Ensure all content you provide does not infringe on third-party rights
• Comply with all applicable laws and regulations
• Not use our services for any illegal or unauthorized purpose
• Maintain backups of your own data and content

9. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. However, EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that our services will be uninterrupted, error-free, or meet specific performance standards. We are not responsible for results achieved from the use of our services, including but not limited to website traffic, search engine rankings, or advertising performance.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DATATHEMIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11. Indemnification

You agree to indemnify, defend, and hold harmless DataThemis and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of our services, your violation of these Terms, or your violation of any rights of another party.

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.

13. Term and Termination

These Terms remain in effect while you use our services. Either party may terminate a service agreement according to its terms. We may suspend or terminate your access to our services immediately, without notice, for any violation of these Terms or for any other reason at our discretion.

Upon termination, you remain liable for all fees incurred prior to termination. Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, warranty disclaimers, indemnity, and limitations of liability.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after any modifications constitutes acceptance of the modified Terms.

15. Third-Party Services

Our services may integrate with or rely on third-party services, platforms, or software. We are not responsible for the availability, functionality, or terms of service of any third-party services. Your use of third-party services is subject to their respective terms and conditions.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which DataThemis operates, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or our services shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and DataThemis regarding our services and supersede all prior agreements and understandings, whether written or oral.

19. Contact Information

If you have any questions about these Terms, please contact us at: