Terms & Conditions

Last Updated: 14 Aug 2025 • Effective on publication

Summary (not a substitute for the Terms): We provide AI automation and marketing tools. You use our Services at your own risk. We are not responsible for account suspensions, bans, lost revenue, or any financial losses. You are solely responsible for your actions, content, and compliance with applicable laws. Any misuse, violations, or crimes committed through our platform are your responsibility. We can update these Terms and our Services at any time. Your continued use means you accept the updates.


1. Agreement to Terms

These Terms & Conditions (“Terms”) govern your access to and use of Databrink’s websites, platforms, APIs, and services, including AI chatbots, broadcasting, automated customer service, data collection, lead generation, engagement tools, customer profiling, content generation, analytics, and related integrations (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. You acknowledge and agree that you use the Services entirely at your own risk.


2. Eligibility & Accounts

  • You must be at least the age of majority in your jurisdiction and authorized to bind your organization.

  • You are responsible for all activity under your account and for keeping credentials secure.

  • You must provide accurate information and promptly update it when it changes.


3. Service Availability; Maintenance

We strive for high availability but do not guarantee the Services will be uninterrupted, timely, or error-free. The Services may be unavailable due to maintenance, updates, third-party outages, force majeure, or events beyond our control. Databrink is not responsible for any loss, including account suspensions, bans, revenue, profit, customers, data, or goodwill, arising from downtime, access issues, or use of the Services.


4. No Revenue Guarantee; Results May Vary

The Services may assist with automation, engagement, or lead generation, but outcomes depend on your content, market conditions, competition, compliance, and other factors. We do not guarantee any particular revenue, conversion rate, lead volume, business result, or continued access to third-party platforms. All financial risks and losses remain your sole responsibility.


5. Changes to Services and Terms

We may add, modify, or remove features; suspend or discontinue parts of the Services; or impose limits at any time, with or without notice. We may also update these Terms at any time. The “Last Updated” date reflects the latest changes. Your continued use after changes constitutes acceptance.


6. Acceptable Use

  • Comply with all applicable laws, industry standards, and communication rules.

  • No illegal, harmful, deceptive, or infringing content; no harassment, discrimination, or exploitation.

  • No spam or unsolicited communications; obtain and maintain valid user consent for messaging (opt-in) and provide clear opt-out mechanisms.

  • No scraping or data collection that violates law, terms of service, or user privacy rights.

  • No reverse engineering, circumventing security, rate limits, or access controls; no abusive load or automated attacks.

  • You are fully responsible for your actions and agree that Databrink is not liable for any crimes, violations, or unlawful activities you commit using the Services.


7. Customer Content & Data

  • You own your content and are responsible for its legality and accuracy.

  • You grant Databrink a worldwide, non-exclusive license to host, process, transmit, and display content solely to provide and improve the Services.

  • You will provide lawful notice and obtain all necessary consents for processing personal data. See our Privacy Policy for details on how we handle data.


8. Third-Party Platforms & Integrations

Some features rely on third-party platforms or providers. Your use must comply with those providers’ terms. We are not responsible for third-party changes, decisions, or outages that affect the Services, nor for suspensions or bans imposed by those providers.


9. Plans, Pricing & Payment

  • Current plans (monthly, USD): Starter $399; Growth $899; Enterprise $1,899. Usage-based fees (e.g., message costs) may apply.

  • Taxes, carrier fees, platform fees, and payment processing charges may be additional.

  • Subscriptions renew automatically unless canceled per your account settings before the next billing date.

  • Late or failed payments may result in suspension or termination.

  • Unless mandated by law or a written guarantee, fees are non-refundable.


10. Trials, Betas & Pre-Release

Trials and beta features are provided “as is” without support or performance commitments and may be changed or discontinued at any time.


11. Intellectual Property

The Services, software, models, documentation, and brand assets are owned by Databrink or our licensors and are protected by IP laws. Except for the rights expressly granted, no license or ownership is transferred to you.


12. Confidentiality & Security

  • Each party may access the other’s confidential information and will protect it with at least reasonable care.

  • We implement administrative, technical, and physical safeguards appropriate to our Services; however, no system is 100% secure.


13. Compliance: Messaging & Marketing

  • Maintain documented consent for messaging and engagement. Honor opt-outs promptly.

  • Ensure campaigns meet applicable communication and anti-spam laws.

  • You are solely responsible for your campaign content, targeting, and regulatory compliance.


14. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND DATABRINK BEARS NO RESPONSIBILITY FOR ACCOUNT BANS, PLATFORM RESTRICTIONS, OR FINANCIAL LOSSES.


15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DATABRINK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST REVENUE, PROFITS, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. DATABRINK IS NOT LIABLE FOR ACCOUNT TERMINATIONS, THIRD-PARTY DECISIONS, OR YOUR LEGAL NON-COMPLIANCE. YOU ALONE ARE RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR ACTIONS. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE AMOUNT YOU PAID TO DATABRINK FOR THE SERVICES IN THAT PERIOD.


16. Indemnification

You will defend, indemnify, and hold harmless Databrink from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the Services, your violation of these Terms, or any crime, unlawful act, or regulatory violation committed by you or under your account using the Services.


17. Export, Sanctions & Anti-Corruption

You represent that you are not subject to trade sanctions and will comply with export control, anti-bribery, and anti-corruption laws.


18. Termination

We may suspend or terminate access immediately for violations, legal risk, non-payment, or abuse. You may terminate at any time via your account. Upon termination, your right to use the Services ceases, and certain sections survive (including IP, confidentiality, disclaimers, limitations of liability, and indemnities).


19. Dispute Resolution

These Terms are governed by the laws of [Your Country/State], without regard to conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue in the courts of [Your City, Country/State]. If you prefer binding arbitration and/or a class-action waiver, add your preferred clause here.


20. Miscellaneous

  • Changes to Terms: We may update these Terms at any time. Continued use constitutes acceptance.

  • Force Majeure: Neither party is liable for delays or failures due to events beyond reasonable control.

  • Assignment: You may not assign without our consent; we may assign to an affiliate or in connection with a merger or sale.

  • Severability: If a provision is unenforceable, the remainder remains in effect.

  • Entire Agreement: These Terms and referenced policies are the entire agreement and supersede prior agreements.

  • Notices: We may notify you via product, email, or your account. Send legal notices to legal@yourdomain.com.


For questions about these Terms, contact: legal@yourdomain.com • Databrink

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