Terms & Conditions

1. Binding Agreement and Mutual Assent

These Terms and Conditions (the "Agreement") constitute a legally binding Master Subscription Agreement entered into by and between DatNova ("Company") and the individual or corporate entity ("Customer", "User") accessing, registering for, or utilizing the DatNova Enterprise Resource Planning platform and associated digital properties (the "Service").

By executing an account registration, clicking an "I Agree" checkbox, or continuing to access the Service, you represent and warrant that you have read, understood, and agree to be bound by all stipulations herein, and that you possess the requisite legal authority to bind your respective entity to this Agreement.

2. Licensing and Intellectual Property Rights

• Company Rights: The Service, inclusive of all underlying software architecture, source code, proprietary algorithms, predictive grading models, and user interfaces, remains the exclusive intellectual property of DatNova, protected by applicable copyright, trademark, and trade secret jurisprudence. The Company grants the Customer a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Service strictly for internal commercial operations.
• Customer Data Rights: The Customer retains all sovereign equitable ownership over the raw Customer Data inputted into the Service. Concurrently, the Customer hereby grants the Company a perpetual, worldwide, royalty-free, fully paid-up, and sub-licensable license to host, parse, copy, transmit, and algorithmically analyze Customer Data for the express purposes of operating the Service, executing predictive models, and commercializing Anonymized Data.

3. Strict Acceptable Use Policy

The Customer covenants to utilize the Service in strict compliance with all applicable local, state, federal, and international laws. The Customer shall strictly refrain from:

• utilizing the Service to obscure, facilitate, or transact illegal, fraudulent, or embargoed commercial activities;
• attempting to reverse engineer, decompile, decrypt, disassemble, or deduce the source code or proprietary grading algorithms of the Service;
• deploying automated data-scraping utilities, web crawlers, spiders, or unauthorized API endpoints to extract Service data; and
• circumventing, disabling, or interfering with security-related features, inclusive of Row Level Security (RLS) restrictions.

4. Service Level Agreement (SLA) and Modifications

The Service is rendered strictly on a "commercially reasonable efforts" basis. DatNova explicitly disclaims any guarantee of continuous, uninterrupted, error-free, or perfectly secure access to the Service.

The Company reserves the unilateral right to alter, suspend, throttle, or discontinue any facet of the Service, inclusive of routine and emergency maintenance downtimes, without prior notice or ensuing indemnification liability to the Customer.

5. Disclaimer of Warranties and No Data Backup Guarantee

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISPRUDENCE, THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. DATNOVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

6. Explicit Limitation of Liability

IN NO EVENT SHALL DATNOVA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

THIS EXPLICITLY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA CORRUPTION, PERMANENT DATA LOSS, OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY BUSINESS DECISIONS, LOAN APPLICATIONS, OR CAPITAL DEPLOYMENTS MADE IN RELIANCE UPON THE PLATFORM'S ALGORITHMIC CALCULATIONS, BUSINESS GRADES, OR PREDICTIVE RUNWAY ANALYTICS, REGARDLESS OF THE LEGAL THEORY ASSERTED.

7. Indemnification

The Customer agrees to definitively indemnify, defend, and hold harmless DatNova and its affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• your violation or breach of this Agreement;
• your infringement of any third-party intellectual property or privacy rights;
• the specific nature, accuracy, and legality of the Customer Data you upload;
• your failure to adequately back up your data; or
• your gross negligence or willful misconduct.

8. Dispute Resolution: Binding Arbitration and Class Action Waiver

Any controversy, claim, or dispute arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding, confidential arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

YOU AND DATNOVA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

9. Miscellaneous Provisions

• Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
• Entire Agreement: This Agreement, operating in conjunction with the Privacy Policy, constitutes the entire understanding between the parties pertaining to the subject matter herein, superseding any prior contemporaneous oral or written communications.

Contact Us

In order to resolve a complaint regarding the platform or to receive further information regarding use of the platform, please contact us at:

DatNova
Email: admin@datnova.biz