DATASHYRE LLC TERMS OF SERVICE

Last Updated: August 29, 2026

 

These Terms of Service (“Terms”) constitute a legally binding agreement between you and DataShyre LLC (“DataShyre,” “we,” “us,” or “our”) governing your access to and use of DataShyre’s websites, software, applications, platforms, APIs, artificial intelligence technologies, agent-based systems, privacy and compliance tools, scanning technologies, analytics services, reports, documentation, and related products and services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY.

BY ACCESSING, PURCHASING, SUBSCRIBING TO, OR USING THE SERVICES, CLICKING A BUTTON OR CHECKBOX INDICATING ACCEPTANCE, CREATING AN ACCOUNT, OR OTHERWISE EXPRESSING AGREEMENT TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU ARE USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN THAT CASE, “YOU” AND “CUSTOMER” REFER TO THAT ORGANIZATION.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

 

1. DATASHYRE SERVICES

DataShyre provides technology and services that may include privacy, compliance, analytics, consent management, website scanning, cookie and tracker detection, automated assessments, monitoring, artificial intelligence, machine learning, agent-based automation, data analysis, reporting, integrations, APIs, and related technologies.

The specific Services available to you may depend upon your subscription, order form, statement of work, account configuration, or other agreement with DataShyre.

DataShyre may add, remove, modify, replace, improve, discontinue, or otherwise change features of the Services at any time, subject to applicable contractual obligations and applicable law.

2. BUSINESS USE

Unless DataShyre expressly states otherwise, the Services are primarily intended for businesses and professional users.

If you use the Services on behalf of an organization, you represent and warrant that:

  • You are authorized to act on behalf of the organization;
  • You have authority to bind the organization;
  • The organization accepts responsibility for your use of the Services;
  • Your use complies with the organization’s policies and applicable law.

3. ACCOUNTS

Certain Services may require an account.

You agree to:

  • Provide accurate information;
  • Keep account information current;
  • Maintain the confidentiality of credentials;
  • Use reasonable security measures;
  • Promptly notify DataShyre of suspected unauthorized access;
  • Accept responsibility for activities occurring through your account to the extent permitted by law.

You may not share credentials except where expressly permitted by your subscription or DataShyre.

DataShyre may suspend or restrict an account if we reasonably believe it has been compromised or is being used unlawfully, fraudulently, abusively, or in violation of these Terms.

4. AUTHORIZATION TO SCAN, TEST, AND ANALYZE DIGITAL PROPERTIES

Certain DataShyre Services allow users to submit websites, domains, subdomains, applications, URLs, systems, or other digital properties for automated scanning, testing, monitoring, assessment, or analysis.

By submitting or configuring a digital property for analysis, you represent and warrant that you:

  1. Own or control the property; or
  2. Have sufficient authorization from the owner or operator to submit it to DataShyre; or
  3. Are otherwise legally permitted to perform the requested analysis.

You authorize DataShyre and its systems to perform technical activities reasonably necessary to provide the requested Services.

Depending upon the Service, these activities may include:

  • Sending automated HTTP or HTTPS requests;
  • Loading webpages;
  • Executing JavaScript;
  • Interacting with website interfaces;
  • Interacting with consent banners;
  • Accepting or rejecting consent choices for testing purposes;
  • Reading cookies;
  • Creating temporary cookies;
  • Deleting cookies;
  • Inspecting local storage;
  • Inspecting session storage;
  • Inspecting HTTP headers;
  • Observing network requests;
  • Identifying tags, pixels, SDKs, APIs, scripts, and trackers;
  • Evaluating consent signals;
  • Evaluating privacy preference signals;
  • Evaluating Global Privacy Control signals;
  • Inspecting IAB TCF strings;
  • Inspecting GPP strings;
  • Inspecting Consent Mode states;
  • Capturing screenshots;
  • Recording technical metadata;
  • Simulating browser behavior;
  • Performing automated navigation;
  • Comparing behavior before and after consent actions;
  • Generating technical and compliance assessments.

You are solely responsible for ensuring that you have sufficient authorization to submit a property for testing.

DataShyre is not responsible for unauthorized use of the Services by a customer or user.

5. CUSTOMER DATA

“Customer Data” means information, content, files, configurations, records, URLs, instructions, prompts, datasets, or other material submitted to or made available to DataShyre by or on behalf of Customer in connection with the Services.

As between Customer and DataShyre, Customer retains ownership of Customer Data, subject to the rights granted to DataShyre under these Terms.

Customer grants DataShyre a worldwide, non-exclusive, royalty-free right and license to host, copy, transmit, process, analyze, transform, display, reproduce, and otherwise use Customer Data as reasonably necessary to:

  • Provide the Services;
  • Operate the Services;
  • Maintain the Services;
  • Secure the Services;
  • Troubleshoot problems;
  • Prevent fraud and abuse;
  • Provide customer support;
  • Enforce these Terms;
  • Comply with law;
  • Exercise other rights expressly permitted by the applicable agreement.

Additional rights may be established through an applicable order form, statement of work, Data Processing Agreement, or other written agreement.

6. CUSTOMER RESPONSIBILITY FOR DATA

Customer represents and warrants that it has all rights, permissions, notices, consents, and lawful bases necessary to provide Customer Data to DataShyre and authorize DataShyre to process it.

Customer is responsible for:

  • The legality of Customer Data;
  • The accuracy of Customer Data;
  • Providing required privacy notices;
  • Obtaining required consent;
  • Responding to applicable data-subject or consumer requests;
  • Maintaining appropriate authorization;
  • Complying with applicable privacy and data-protection laws.

Customer will not provide DataShyre with information that Customer is prohibited from providing.

7. DATASHYRE DATA AND DERIVED INFORMATION

DataShyre may collect and generate information concerning operation and use of the Services, including technical information, usage information, performance information, diagnostic information, security information, product telemetry, and service-generated information (“Service Data”).

Subject to applicable law and applicable contractual restrictions, DataShyre may use Service Data to:

  • Operate the Services;
  • Maintain the Services;
  • Secure the Services;
  • Improve the Services;
  • Develop new products;
  • Conduct analytics;
  • Conduct research;
  • Identify trends;
  • Generate benchmarks;
  • Develop detection technologies;
  • Improve algorithms;
  • Develop artificial intelligence systems;
  • Improve machine-learning systems;
  • Develop agent-based technologies;
  • Measure performance;
  • Prevent fraud and abuse.

DataShyre may also create aggregated, anonymized, statistical, or deidentified information from information processed through the Services.

To the extent such information does not identify and cannot reasonably be linked to Customer or an identifiable individual, and subject to applicable law, DataShyre may use and commercialize such information for any lawful purpose, including:

  • Product development;
  • Benchmarking;
  • Research;
  • Industry analysis;
  • Artificial intelligence;
  • Machine learning;
  • Statistical analysis;
  • Compliance intelligence;
  • Security intelligence;
  • Privacy intelligence;
  • Market research;
  • Commercial insights.

To the extent permitted by law, DataShyre owns its proprietary methodologies, classifications, algorithms, models, scoring systems, benchmarks, analytical frameworks, and generalized knowledge developed through operation of the Services.

 

8. ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS

Certain Services may use artificial intelligence, machine learning, large language models, automated decision systems, autonomous or semi-autonomous agents, or similar technologies (“AI Services”).

AI Services may:

  • Analyze information;
  • Generate text;
  • Generate recommendations;
  • Identify potential compliance issues;
  • Classify technologies;
  • Analyze policies;
  • Analyze websites;
  • Generate code or configuration suggestions;
  • Recommend remediation;
  • Automate workflows;
  • Execute permitted actions;
  • Produce assessments;
  • Generate reports.

AI-generated information may contain errors, omissions, inaccuracies, incomplete information, or unexpected results.

Customer acknowledges that AI Services are probabilistic and may not produce identical or correct results in every circumstance.

CUSTOMER IS RESPONSIBLE FOR EVALUATING AI-GENERATED OUTPUT BEFORE RELYING UPON IT FOR MATERIAL BUSINESS, LEGAL, COMPLIANCE, SECURITY, FINANCIAL, OR TECHNICAL DECISIONS.

 

9. AGENT-BASED AND AUTOMATED ACTIONS

Certain DataShyre Services may permit software agents or automated systems to perform actions based upon customer configuration, instructions, rules, integrations, permissions, or approvals.

Customer authorizes DataShyre to perform actions reasonably within the permissions Customer provides.

Customer is responsible for:

  • Configuring permissions;
  • Reviewing automation rules;
  • Determining appropriate authorization levels;
  • Maintaining appropriate human oversight;
  • Reviewing material automated actions;
  • Protecting credentials;
  • Monitoring integrations.

DataShyre may implement safeguards, approval requirements, usage limits, or other controls for automated actions.

DataShyre may refuse, suspend, or terminate an automated action that we reasonably believe could violate law, create a security risk, harm a third party, interfere with another system, or violate these Terms.

 

 

10. NO LEGAL ADVICE

DATASHYRE IS A TECHNOLOGY COMPANY AND DOES NOT PROVIDE LEGAL ADVICE.

The Services may analyze laws, regulations, privacy policies, consent practices, website behavior, technical configurations, industry frameworks, or compliance requirements.

Such information is provided for informational and technological purposes.

Reports, scores, recommendations, assessments, classifications, automated findings, AI outputs, and other information provided by DataShyre do not constitute legal advice.

Use of DataShyre does not create an attorney-client relationship.

Customer is responsible for obtaining advice from qualified legal counsel concerning legal obligations.

 

11. NO GUARANTEE OF COMPLIANCE

DataShyre Services are designed to assist organizations with privacy, compliance, analytics, security, and related activities.

However, DataShyre does not warrant or guarantee that:

  • A website is legally compliant;
  • A consent banner is legally compliant;
  • A privacy program complies with every applicable law;
  • Every cookie or tracker will be identified;
  • Every technology will be correctly classified;
  • Every violation will be detected;
  • Every recommendation will satisfy regulatory requirements;
  • Implementation of recommendations will result in compliance;
  • Regulatory authorities will agree with DataShyre’s analysis.

Laws, regulations, regulatory guidance, technologies, browser behavior, websites, APIs, and third-party services change frequently.

Customer remains responsible for its compliance obligations.

 

12. NO SECURITY GUARANTEE

DataShyre may identify potential security, privacy, configuration, or technical issues.

DataShyre does not warrant that the Services will identify every vulnerability, security weakness, unauthorized tracker, malicious technology, or compliance issue.

A DataShyre scan is not a substitute for a comprehensive cybersecurity assessment, penetration test, legal review, or other specialized professional service unless expressly agreed otherwise in writing.

 

13. ACCEPTABLE USE

You may not use the Services to:

  • Violate applicable law;
  • Infringe intellectual-property rights;
  • Violate privacy rights;
  • Access systems without authorization;
  • Conduct unauthorized penetration testing;
  • Introduce malware;
  • Distribute malicious code;
  • Conduct denial-of-service attacks;
  • Interfere with DataShyre infrastructure;
  • Circumvent technical restrictions;
  • Obtain unauthorized access to accounts;
  • Harvest credentials;
  • Facilitate fraud;
  • Engage in unlawful surveillance;
  • Facilitate illegal discrimination;
  • Impersonate another person;
  • Misrepresent authorization;
  • Use the Services to harm DataShyre or third parties.

DataShyre may investigate suspected violations and suspend or terminate access where reasonably necessary.

 

14. PROHIBITED COMPETITIVE USE

Except where prohibited by applicable law, you may not use the Services to:

  • Reverse engineer DataShyre technology;
  • Copy proprietary functionality;
  • Extract proprietary detection logic;
  • Systematically reproduce DataShyre databases;
  • Benchmark the Services for publication without authorization;
  • Build a competing service using DataShyre proprietary information;
  • Circumvent usage limitations;
  • Resell the Services without authorization;
  • Scrape DataShyre systems except through authorized APIs.

Nothing in this section restricts rights that cannot lawfully be restricted.

 

15. INTELLECTUAL PROPERTY

DataShyre and its licensors own all right, title, and interest in and to the Services and related technology, including:

  • Software;
  • Source code;
  • Object code;
  • APIs;
  • Interfaces;
  • Designs;
  • Workflows;
  • Algorithms;
  • Detection logic;
  • AI systems;
  • Agent systems;
  • Models;
  • Databases;
  • Documentation;
  • Reports and report structures;
  • Scoring methodologies;
  • Taxonomies;
  • Graphics;
  • Trademarks;
  • Logos;
  • Trade secrets;
  • Improvements;
  • Derivative technology.

Except for rights expressly granted under these Terms, no rights are transferred to Customer.

 

16. FEEDBACK

If you provide suggestions, ideas, recommendations, enhancement requests, or other feedback concerning the Services (“Feedback”), you grant DataShyre a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, commercialize, incorporate, and otherwise exploit the Feedback without restriction or compensation.

 

17. THIRD-PARTY SERVICES

The Services may integrate with or depend upon third-party services, including:

  • Cloud providers;
  • Consent management platforms;
  • Advertising platforms;
  • Analytics platforms;
  • AI providers;
  • APIs;
  • Browsers;
  • Website technologies;
  • Customer systems.

DataShyre does not control independent third-party services and is not responsible for their:

  • Availability;
  • Security;
  • Accuracy;
  • Performance;
  • Changes;
  • Discontinuation;
  • Data practices.

Customer’s use of third-party services may be governed by separate terms.

 

18. BETA AND EXPERIMENTAL SERVICES

DataShyre may provide beta, preview, experimental, early-access, proof-of-concept, or evaluation features.

Such Services may be incomplete, contain errors, change without notice, or be discontinued.

UNLESS OTHERWISE AGREED IN WRITING, BETA OR EXPERIMENTAL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.

 

19. FREE SERVICES AND FREE SCANS

DataShyre may offer free scans, trials, assessments, demonstrations, or other Services without charge.

Free Services may be limited, modified, or discontinued at any time.

Unless otherwise required by law, DataShyre has no obligation to maintain data generated through a free Service.

DataShyre may use results from free scans as permitted by the Privacy Policy, these Terms, and applicable law.

 

20. SUBSCRIPTIONS AND FEES

Certain Services require payment.

You agree to pay all fees specified at the time of purchase or in an applicable order form.

Unless otherwise stated:

  • Fees are quoted in U.S. dollars;
  • Fees exclude applicable taxes;
  • Customer is responsible for applicable taxes other than taxes based upon DataShyre’s income;
  • Payment obligations are non-cancelable;
  • Fees paid are non-refundable except where required by law or expressly stated otherwise.

 

21. AUTOMATIC RENEWAL

If you purchase a recurring subscription, your subscription may automatically renew for successive periods unless canceled in accordance with the applicable subscription terms.

Where required by law, DataShyre will provide applicable renewal disclosures and cancellation mechanisms.

You authorize DataShyre or its payment processor to charge applicable recurring fees using your selected payment method.

 

22. LATE PAYMENTS

To the extent permitted by law, overdue amounts may accrue interest at the lesser of:

  • 1.5% per month; or
  • The maximum rate permitted by applicable law.

Customer may also be responsible for reasonable collection costs and attorneys’ fees incurred in collecting undisputed overdue amounts where permitted by law.

DataShyre may suspend Services for overdue accounts after providing any notice required by the applicable agreement or law.

 

23. TAXES

Fees do not include applicable sales, use, value-added, withholding, or similar taxes unless expressly stated.

Customer is responsible for applicable taxes arising from its purchase of the Services, except taxes imposed upon DataShyre’s net income.

 

24. SUSPENSION

DataShyre may suspend or restrict access to the Services where reasonably necessary because of:

  • Nonpayment;
  • Security threats;
  • Suspected fraud;
  • Abuse;
  • Violation of these Terms;
  • Legal requirements;
  • Risk to DataShyre systems;
  • Risk to third parties;
  • Excessive or unauthorized use.

Where commercially reasonable and legally permitted, DataShyre will attempt to provide notice.

 

25. TERMINATION

Either party may terminate Services as permitted by the applicable subscription, order form, or agreement.

DataShyre may terminate or suspend access for material violation of these Terms.

Upon termination:

  • Customer’s right to use the Services ends;
  • Outstanding payment obligations remain due;
  • DataShyre may delete Customer Data according to applicable retention policies and agreements;
  • Provisions intended by their nature to survive termination will survive.

 

26. CONFIDENTIALITY

If the parties exchange nonpublic information identified as confidential or that reasonably should be understood as confidential, each party will use reasonable measures to protect such information.

Confidential information does not include information that:

  • Becomes public without breach;
  • Was lawfully known without restriction;
  • Is independently developed;
  • Is lawfully received from another source without confidentiality obligations.

A party may disclose confidential information where required by law, subject to legally permitted notice.

More detailed confidentiality obligations may be established through an applicable written agreement.

 

27. PRIVACY AND DATA PROTECTION

DataShyre’s processing of personal information is governed by the DataShyre Privacy Policy and, where applicable, a Data Processing Agreement.

Customer agrees to comply with applicable privacy and data-protection laws in connection with use of the Services.

Where required, the parties may enter into additional contractual provisions governing personal information.

 

28. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

DATASHYRE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:

  • MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • ACCURACY;
  • COMPLETENESS;
  • RELIABILITY;
  • AVAILABILITY;
  • SECURITY;
  • ERROR-FREE OPERATION.

DATASHYRE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM HARMFUL COMPONENTS.

DATASHYRE DOES NOT WARRANT THAT REPORTS, AI OUTPUTS, SCANS, RECOMMENDATIONS, COMPLIANCE ASSESSMENTS, OR OTHER RESULTS WILL BE COMPLETE OR ACCURATE.

 

29. CUSTOMER ASSUMPTION OF RISK

Customer acknowledges that privacy, compliance, analytics, artificial intelligence, automated actions, software configuration, and website technologies involve inherent risks.

Customer assumes responsibility for decisions made based upon the Services.

Customer should independently verify material findings before taking actions that could materially affect:

  • Legal rights;
  • Compliance;
  • Production systems;
  • Customer data;
  • Advertising;
  • Revenue;
  • Security;
  • Business operations.

 

30. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATASHYRE AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY:

  • INDIRECT DAMAGES;
  • INCIDENTAL DAMAGES;
  • SPECIAL DAMAGES;
  • CONSEQUENTIAL DAMAGES;
  • EXEMPLARY DAMAGES;
  • PUNITIVE DAMAGES;
  • LOST PROFITS;
  • LOST REVENUE;
  • LOST BUSINESS;
  • LOST OPPORTUNITIES;
  • LOSS OF GOODWILL;
  • LOSS OR CORRUPTION OF DATA;
  • BUSINESS INTERRUPTION;
  • COST OF SUBSTITUTE SERVICES,

REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATASHYRE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO DATASHYRE FOR THE APPLICABLE SERVICES DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS ($100) IF CUSTOMER USED THE SERVICES WITHOUT PAYMENT.

THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

31. INDEMNIFICATION

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless DataShyre, its affiliates, members, managers, officers, employees, contractors, licensors, and service providers from and against third-party claims, actions, proceedings, damages, liabilities, judgments, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to:

  • Customer’s use of the Services;
  • Customer Data;
  • Customer’s violation of these Terms;
  • Customer’s violation of applicable law;
  • Customer’s infringement of third-party rights;
  • Customer’s privacy or data-protection practices;
  • Customer’s failure to obtain required authorization;
  • Customer’s submission of an unauthorized website, application, system, or dataset;
  • Customer’s implementation or use of recommendations generated by the Services;
  • Customer’s configuration of automated systems or agents;
  • Customer’s fraud, misconduct, or negligence.

DataShyre reserves the right to assume control of the defense of a matter subject to indemnification, at Customer’s expense where permitted by law.

Customer may not settle a claim in a manner that imposes liability, admission, or obligation upon DataShyre without DataShyre’s prior written consent.

 

32. FORCE MAJEURE

DataShyre will not be liable for delays or failures caused by circumstances beyond its reasonable control, including:

  • Natural disasters;
  • Severe weather;
  • War;
  • Terrorism;
  • Civil unrest;
  • Labor disputes;
  • Government actions;
  • Internet failures;
  • Cloud-provider failures;
  • Telecommunications failures;
  • Cyberattacks;
  • Third-party outages;
  • Epidemics or pandemics;
  • Power failures;
  • Changes to third-party APIs or platforms.

 

33. EXPORT CONTROLS AND SANCTIONS

You may not use the Services in violation of applicable export-control or sanctions laws.

You represent that you are not prohibited from receiving the Services under applicable law.

 

34. GOVERNING LAW

To the extent permitted by applicable law, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

 

35. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY.

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved through binding individual arbitration rather than in court.

Before commencing arbitration, the complaining party must provide written notice describing the dispute and allow at least thirty (30) days for the parties to attempt informal resolution.

Unless otherwise agreed, arbitration will take place in Dallas County, Texas, or remotely where permitted.

The arbitration will be administered pursuant to the applicable commercial arbitration rules of a nationally recognized arbitration provider selected in accordance with those rules and applicable law.

Judgment on the arbitration award may be entered in any court having jurisdiction.

Nothing prevents either party from seeking temporary or preliminary injunctive relief where necessary to protect intellectual property, confidential information, security, or prevent unauthorized access or misuse.

 

36. CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS.

YOU AND DATASHYRE AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PERSONS EXCEPT WHERE REQUIRED BY APPLICABLE LAW OR EXPRESSLY AGREED BY THE PARTIES.

 

37. JURY TRIAL WAIVER

TO THE EXTENT A DISPUTE IS PERMITTED TO PROCEED IN COURT, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

38. VENUE

For disputes that are not subject to arbitration, and to the extent permitted by applicable law, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Dallas County, Texas.

 

39. TIME LIMITATION ON CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CLAIM ACCRUES.

IF APPLICABLE LAW DOES NOT PERMIT THIS LIMITATION, THE SHORTEST LEGALLY PERMITTED LIMITATION PERIOD WILL APPLY.

 

40. INJUNCTIVE RELIEF

Unauthorized use of DataShyre intellectual property, confidential information, systems, security controls, or proprietary technology may cause irreparable harm.

DataShyre may seek injunctive or equitable relief where legally appropriate without limiting other available remedies.

 

41. CHANGES TO THESE TERMS

DataShyre may modify these Terms from time to time.

The “Last Updated” date identifies the most recent revision.

Where required by applicable law or contract, DataShyre will provide notice of material changes.

Continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.

 

42. ELECTRONIC COMMUNICATIONS

You consent to receive agreements, notices, disclosures, invoices, and other communications electronically.

Electronic communications satisfy legal writing requirements to the extent permitted by applicable law.

 

43. ASSIGNMENT

Customer may not assign or transfer these Terms without DataShyre’s prior written consent, except where applicable law provides otherwise.

DataShyre may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate restructuring, or transfer of the applicable business.

 

44. NO THIRD-PARTY BENEFICIARIES

Except as expressly stated, these Terms do not create rights for third-party beneficiaries.

 

45. NO WAIVER

Failure to enforce a provision does not waive the right to enforce that provision later.

A waiver is effective only if made in writing by an authorized representative.

 

46. SEVERABILITY

If any provision is found invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible and the remaining provisions will remain effective.

 

47. ORDER OF PRECEDENCE

If Customer has entered into a separately executed agreement with DataShyre, the following order of precedence applies in the event of a conflict unless otherwise stated:

  1. An executed Order Form or Statement of Work;
  2. An executed Master Services Agreement;
  3. An applicable Data Processing Agreement with respect to data-protection matters;
  4. These Terms;
  5. Documentation or other policies incorporated by reference.

 

48. ENTIRE AGREEMENT

These Terms, together with applicable order forms, statements of work, privacy policies, data-processing agreements, and other documents expressly incorporated by reference, constitute the agreement between the parties concerning the applicable Services and supersede prior agreements concerning the same subject matter, except for separately executed agreements that expressly remain controlling.

 

49. INTERPRETATION

Headings are provided for convenience and do not affect interpretation.

The words “including,” “includes,” and similar terms mean “including without limitation.”

These Terms will not be interpreted against either party solely because that party drafted them.

 

50. SURVIVAL

Provisions that by their nature should survive termination will survive, including provisions concerning:

  • Payment obligations;
  • Intellectual property;
  • Feedback;
  • Derived information;
  • Confidentiality;
  • Warranty disclaimers;
  • Limitations of liability;
  • Indemnification;
  • Dispute resolution;
  • Governing law.

 

51. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

DataShyre LLC
Dallas, Texas
United States

Website: DataShyre.com

Legal Contact: legal@datashyre.com

Support: support@datashyre.com