Terms & Conditions
These Terms & Conditions explain the legal terms, responsibilities, standards, and obligations that apply when using transcription, media, and related services provided by Datagain, Inc.
Agreement
The Client agrees to pay Datagain, Inc. ("Datagain") for transcription work and any other services performed by Datagain on the Client's behalf in connection with Source Material submitted, uploaded, recorded, imported, or otherwise provided by or on behalf of the Client.
The Client acknowledges that it has reviewed the applicable rates for Datagain's services and agrees to pay all applicable charges for Work performed by Datagain in accordance with these Terms and any applicable service agreement, order, quotation, or pricing arrangement.
These Terms become binding when the Client accepts them through Datagain's website, application, portal, registration process, service agreement, or other applicable acceptance mechanism.
Key Legal Definitions
The individual, company, organization, or other entity that registers for, purchases, accesses, or uses Datagain's Services.
Datagain, Inc., including its applicable platforms, products, services, employees, contractors, and authorized service providers where appropriate.
The transcription, media processing, translation, editing, review, storage, delivery, and other related services made available by Datagain from time to time.
Any audio, video, recording, document, text, image, file, metadata, or other content or material submitted, uploaded, recorded, imported, transmitted, or otherwise provided by or on behalf of the Client for use in connection with the Services.
Any transcription work or other service performed or output produced by Datagain in connection with the Services.
Non-public information relating to the Client's business, customers, products, services, operations, content, Source Material, or other information that is confidential by its nature or circumstances of disclosure.
Services & Scope of Work
Source Material Classification and Reclassification
The Client is responsible for providing an accurate and truthful description of Source Material submitted to Datagain.
Regardless of the description provided by the Client, if Datagain determines that the characteristics or classification of the Source Material differ from the Client's description, Datagain may apply the appropriate classification for purposes including pricing, processing requirements, service availability, and turnaround time.
Where a change in classification materially affects the applicable service or price, Datagain will notify the Client before proceeding where reasonably practicable.
Samples
Any applicable sample-work policy will be communicated to the Client. Where Datagain performs more than five minutes of Work on an individual file under the existing five-minute sample process, the completed Work beyond the applicable free sample may be chargeable in accordance with the applicable pricing terms.
Source Material Acceptance & Right of Rejection
All Source Material is subject to Datagain's acceptance.
Datagain may reject Source Material where, for example:
1. The quality of the Source Material prevents reasonable processing or transcription;
2. The requested project is beyond Datagain's available resources or capabilities;
3. The Source Material or requested use may violate applicable law or these Terms; or
4. Datagain otherwise determines that it cannot reasonably provide the requested Services.
If the quality or characteristics of Source Material materially differ from those represented by the Client and this affects the applicable price, Datagain may contact the Client to discuss a revised rate. If the parties are unable to agree on the revised rate, Datagain may decline to proceed with the affected Work.
Pricing, Rates & Payment Terms
The Client acknowledges that transcription and related media Services may be billed based on recorded duration rather than page count, number of characters, or hours worked.
Where Services are billed per recorded minute, additional seconds that do not make up a complete sixty second interval may be rounded up to the next minute where specified in the applicable pricing terms.
The Client agrees to pay the rates applicable at the time the Services are requested, as displayed on Datagain's website or otherwise agreed between the parties.
Pricing Factors
Pricing may vary based on factors including:
- Number of speakers;
- Audio or video quality;
- Complexity of Source Material;
- Service type;
- Turnaround time;
- Additional processing requirements; and
- Other applicable project-specific requirements.
Material Retention for Nonpayment
Where applicable and following prior written approval from the Client, Datagain may retain certain Source Material or Work until outstanding amounts associated with that Work have been paid in full.
Accuracy Commitment & Quality
98% Accuracy Commitment
Where expressly applicable to the purchased service, Datagain guarantees an accuracy rate of 98% or higher for qualifying Good Audio.
For purposes of this commitment, Good Audio generally means Source Material that is clearly recorded in an appropriate environment, contains understandable speech, has minimal background interference, and is provided in a supported digital or media format. The 98% accuracy commitment applies only where specifically identified as part of the relevant service offering.
Where expressly applicable to the purchased service, Datagain guarantees an accuracy rate of 98% or higher for qualifying Good Audio.
For purposes of this commitment, Good Audio generally means Source Material that is clearly recorded in an appropriate environment, contains understandable speech, has minimal background interference, and is provided in a supported digital or media format. The 98% accuracy commitment applies only where specifically identified as part of the relevant service offering.
Poor Audio and Quality Degradation
Source Material that contains background noise, overlapping speech, low recording volume, distorted audio, media defects, poor duplication quality, unclear speakers, heavy accents, or other quality issues may reduce transcript accuracy. Such conditions may also affect pricing, turnaround time, or service availability. Datagain will make reasonable efforts to provide accurate Work; however, the Client acknowledges that Source Material that does not satisfy the applicable Good Audio criteria may result in accuracy below 98%.
Accuracy Review Period and Corrections
If the Client believes that qualifying Work covered by the 98% accuracy commitment falls below the committed accuracy level, the Client must notify Datagain within one full month following delivery. Datagain may review the reported discrepancy. If Datagain confirms that qualifying Work falls below the applicable accuracy commitment, Datagain will correct the applicable errors at no additional charge.
Five-Minute Sample Process
If Source Material contains a significant number of inaudible or questionable portions, Datagain may provide the Client with an approximately five minute sample. Work on the affected file may be paused while Datagain waits for the Client's instruction on whether to continue. If the Client elects not to proceed, the first five minutes of the applicable sample will not be charged where the five minute sample policy applies. Completed Work exceeding the applicable free sample may be chargeable.
Transcript Limitations
The Client acknowledges that no transcript can be guaranteed to be completely error free. Transcription may require judgment concerning punctuation, spelling, formatting, speaker identification, grammar, and inaudible or unclear speech. Unless the purchased service expressly includes editing or proofreading, Datagain transcribes the Source Material and does not independently correct the underlying speaker's grammar or factual statements.
5-Minute Sample Rule
Datagain provides an approximately five-minute sample. Work pauses for the affected file while the Client decides whether to proceed. The first five minutes are not charged if the Client does not proceed. Completed Work exceeding the applicable free sample may be chargeable.
Source Material & Media Handling
Datagain recommends that Clients retain backup copies of all Source Material submitted to the Services. The Client should not provide the only available copy of irreplaceable Source Material.
Where Datagain accepts physical media or original materials under a separately supported service, the Client submits those materials subject to the applicable handling and shipping terms.
Datagain will use reasonable care when handling Source Material but cannot guarantee that physical or electronically transmitted Source Material will always be received, processed, transmitted, or returned without damage, loss, corruption, or interruption caused by circumstances outside Datagain's reasonable control.
Shipping Costs
Where physical shipping services apply, the Client is responsible for applicable shipping costs unless otherwise agreed.
Confidentiality & Data Protection
Datagain acknowledges that, through its relationship with the Client, it may receive or access Confidential Information.
Confidentiality
Datagain will not use Confidential Information for its own unrelated purposes or disclose it to unauthorized third parties except:
• As necessary to provide the Services;
• To authorized employees, contractors, service providers, or subprocessors that require access for the provision of the Services;
• Where authorized by the Client;
• Where required by law, court order, subpoena, regulatory requirement, or other legal process; or
• Where the information has lawfully entered the public domain through no breach by Datagain.
Data Retention & Deletion
Source Material, Work, account information, and related service data may be stored for periods reasonably necessary to:
- Provide the Services;
- Allow Clients to access available files, projects, transcripts, and outputs;
- Maintain system integrity and backups;
- Meet contractual requirements;
- Comply with applicable law; and
- Support security, billing, dispute resolution, and operational requirements.
Data will be retained and deleted in accordance with Datagain's applicable Privacy Policy, retention practices, account settings, contractual commitments, and legal obligations.
Copyright & Lawful Use
Rights in Source Material
The Client represents and warrants that it has all rights, permissions, authorizations, consents, and lawful bases necessary to submit Source Material to Datagain and to authorize Datagain to process that Source Material for purposes of providing the Services.
The Client must not knowingly upload, submit, transmit, publish, reproduce, or distribute material in violation of:
• Copyright;
• Trademark;
• Privacy rights;
• Publicity rights;
• Confidentiality obligations;
• Proprietary rights; or
• Other applicable rights or laws.
Lawful Use
The Client may use the Work only for lawful purposes. The Client agrees not to use the Services or Work in a manner that is unlawful or reasonably likely to cause material harm to Datagain's customers, systems, operations, or reputation.
Client Responsibilities
Datagain strives to provide accurate Work; however, the Client remains responsible for reviewing and verifying the Work before relying upon it.
Mandatory Client Review and Proofreading
The Client must proofread and confirm the accuracy of transcripts or other relevant Work before:
- Publication;
- Printing;
- Distribution;
- Quotation;
- Submission to third parties;
- Legal or regulatory use;
- Business decision making; or
- Any other material reliance on the Work.
To the extent permitted by applicable law, Datagain will not be responsible for claims resulting from the Client's failure to review the Work before such use.
Indemnification
To the extent permitted by applicable law, the Client agrees to indemnify and hold harmless Datagain and its employees, officers, directors, agents, and authorized representatives from claims, losses, damages, liabilities, costs, and reasonable legal fees arising out of or relating to:
- Source Material submitted by or on behalf of the Client;
- The Client's use of the Services or Work;
- The Client's violation of applicable law;
- The Client's infringement or violation of third party rights; or
- The Client's material breach of these Terms.
Limitation of Liability & Force Majeure
EXCLUSION OF CERTAIN DAMAGES
To the extent permitted by applicable law, Datagain will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, or for loss of profits, revenue, business opportunity, data, goodwill, or use arising from or related to these Terms, the Services, Work, or Source Material.
Where applicable and subject to law, if the Client is dissatisfied with qualifying Work, Datagain's primary remedy may include correction of confirmed errors in accordance with the applicable service commitment.
Datagain's aggregate liability arising out of or relating to these Terms, the Work, Services, or Source Material will not exceed the amounts actually paid by the Client to Datagain in connection with the applicable claim, except where such limitation is prohibited by applicable law.
To the extent permitted by applicable law, Datagain will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, or for loss of profits, revenue, business opportunity, data, goodwill, or use arising from or related to these Terms, the Services, Work, or Source Material.
Where applicable and subject to law, if the Client is dissatisfied with qualifying Work, Datagain's primary remedy may include correction of confirmed errors in accordance with the applicable service commitment.
Datagain's aggregate liability arising out of or relating to these Terms, the Work, Services, or Source Material will not exceed the amounts actually paid by the Client to Datagain in connection with the applicable claim, except where such limitation is prohibited by applicable law.
Force Majeure
Datagain will not be liable for failure or delay caused by circumstances outside its reasonable control, including:
• Government action;
• War;
• Civil unrest;
• Sabotage;
• Embargo;
• Fire;
• Flood;
• Natural disasters;
• Labor disturbances;
• Transportation interruption;
• Telecommunications or internet outages;
• Cloud or infrastructure failures;
• Power failures; or
• Other events beyond Datagain's reasonable control.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for gross negligence or willful misconduct where applicable.
Term & Termination
These Terms become effective when the Client first accepts them, registers for the applicable Services, or otherwise enters into a service relationship with Datagain.
They remain effective for as long as the Client accesses or uses the Services or has an active service agreement with Datagain.
Where a separate service contract specifies an initial term, including a twelve month term, that contract term will apply.
Different terms may apply to subscription, enterprise, project based, or on demand Services as specified in the applicable agreement.
Datagain or the Client may terminate Services in accordance with the applicable service agreement, account terms, or termination provisions communicated to the Client.
General Terms & Modifications
Binding Electronic Agreement
By selecting an acceptance option such as I Agree, completing registration, executing an applicable agreement, or otherwise using the Services after being presented with these Terms, the Client acknowledges that it has read, understood, and agreed to these Terms.
These Terms, together with any applicable service agreement, order form, quotation, Privacy Policy, or expressly incorporated terms, constitute the applicable agreement between the parties concerning the Services.
Changes to These Terms
Datagain may update these Terms from time to time. Updated Terms may be posted on Datagain's website or otherwise communicated to the Client where appropriate. Where required by applicable law or contract, Datagain will provide reasonable notice of material changes. Any separately negotiated amendment to these Terms must be agreed to by authorized representatives of both parties in writing.
Assignment
Neither party may assign an applicable service agreement in violation of its contractual obligations without any consent required under that agreement, except as otherwise permitted by law or agreed between the parties.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Survival
Provisions that by their nature are intended to survive termination, including applicable confidentiality, intellectual property, indemnification, payment, and limitation of liability provisions, will survive termination or expiration.
Governing Law & Jurisdiction
These Terms and any claim arising directly or indirectly from these Terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
Jurisdiction & Forum
Unless otherwise required by applicable law or agreed in writing, any applicable claim must be brought in:
- The state courts of California located in Los Angeles County; or
- The United States District Court for the Central District of California.
Each party submits to the jurisdiction of those courts and, to the extent permitted by law, waives objections based on inconvenient forum.
Contact Information
For legal notices, questions regarding these Terms & Conditions, or other official communications, please contact:
Datagain, Inc.
10750 Moore Drive
Parkland, FL 33076
Email Address
ant@datagainservices.comPhone Number
201-598-1767Terms & Conditions
These Terms & Conditions explain the legal terms, responsibilities, standards, and obligations that apply when using transcription, media, and related services provided by Datagain, Inc.
Agreement
The Client agrees to pay Datagain, Inc. ("Datagain") for transcription work and any other services performed by Datagain on the Client's behalf in connection with Source Material submitted, uploaded, recorded, imported, or otherwise provided by or on behalf of the Client.
The Client acknowledges that it has reviewed the applicable rates for Datagain's services and agrees to pay all applicable charges for Work performed by Datagain in accordance with these Terms and any applicable service agreement, order, quotation, or pricing arrangement.
These Terms become binding when the Client accepts them through Datagain's website, application, portal, registration process, service agreement, or other applicable acceptance mechanism.
Key Legal Definitions
The individual, company, organization, or other entity that registers for, purchases, accesses, or uses Datagain's Services.
Datagain, Inc., including its applicable platforms, products, services, employees, contractors, and authorized service providers where appropriate.
The transcription, media processing, translation, editing, review, storage, delivery, and other related services made available by Datagain from time to time.
Any audio, video, recording, document, text, image, file, metadata, or other content or material submitted, uploaded, recorded, imported, transmitted, or otherwise provided by or on behalf of the Client for use in connection with the Services.
Any transcription work or other service performed or output produced by Datagain in connection with the Services.
Non-public information relating to the Client's business, customers, products, services, operations, content, Source Material, or other information that is confidential by its nature or circumstances of disclosure.
Services & Scope of Work
Source Material Classification and Reclassification
The Client is responsible for providing an accurate and truthful description of Source Material submitted to Datagain.
Regardless of the description provided by the Client, if Datagain determines that the characteristics or classification of the Source Material differ from the Client's description, Datagain may apply the appropriate classification for purposes including pricing, processing requirements, service availability, and turnaround time.
Where a change in classification materially affects the applicable service or price, Datagain will notify the Client before proceeding where reasonably practicable.
Samples
Any applicable sample-work policy will be communicated to the Client. Where Datagain performs more than five minutes of Work on an individual file under the existing five-minute sample process, the completed Work beyond the applicable free sample may be chargeable in accordance with the applicable pricing terms.
Source Material Acceptance & Right of Rejection
All Source Material is subject to Datagain's acceptance.
Datagain may reject Source Material where, for example:
1. The quality of the Source Material prevents reasonable processing or transcription;
2. The requested project is beyond Datagain's available resources or capabilities;
3. The Source Material or requested use may violate applicable law or these Terms; or
4. Datagain otherwise determines that it cannot reasonably provide the requested Services.
If the quality or characteristics of Source Material materially differ from those represented by the Client and this affects the applicable price, Datagain may contact the Client to discuss a revised rate. If the parties are unable to agree on the revised rate, Datagain may decline to proceed with the affected Work.
Pricing, Rates & Payment Terms
The Client acknowledges that transcription and related media Services may be billed based on recorded duration rather than page count, number of characters, or hours worked.
Where Services are billed per recorded minute, additional seconds that do not make up a complete sixty second interval may be rounded up to the next minute where specified in the applicable pricing terms.
The Client agrees to pay the rates applicable at the time the Services are requested, as displayed on Datagain's website or otherwise agreed between the parties.
Pricing Factors
Pricing may vary based on factors including:
- Number of speakers;
- Audio or video quality;
- Complexity of Source Material;
- Service type;
- Turnaround time;
- Additional processing requirements; and
- Other applicable project-specific requirements.
Material Retention for Nonpayment
Where applicable and following prior written approval from the Client, Datagain may retain certain Source Material or Work until outstanding amounts associated with that Work have been paid in full.
Accuracy Commitment & Quality
98% Accuracy Commitment
Where expressly applicable to the purchased service, Datagain guarantees an accuracy rate of 98% or higher for qualifying Good Audio.
For purposes of this commitment, Good Audio generally means Source Material that is clearly recorded in an appropriate environment, contains understandable speech, has minimal background interference, and is provided in a supported digital or media format. The 98% accuracy commitment applies only where specifically identified as part of the relevant service offering.
Where expressly applicable to the purchased service, Datagain guarantees an accuracy rate of 98% or higher for qualifying Good Audio.
For purposes of this commitment, Good Audio generally means Source Material that is clearly recorded in an appropriate environment, contains understandable speech, has minimal background interference, and is provided in a supported digital or media format. The 98% accuracy commitment applies only where specifically identified as part of the relevant service offering.
Poor Audio and Quality Degradation
Source Material that contains background noise, overlapping speech, low recording volume, distorted audio, media defects, poor duplication quality, unclear speakers, heavy accents, or other quality issues may reduce transcript accuracy. Such conditions may also affect pricing, turnaround time, or service availability. Datagain will make reasonable efforts to provide accurate Work; however, the Client acknowledges that Source Material that does not satisfy the applicable Good Audio criteria may result in accuracy below 98%.
Accuracy Review Period and Corrections
If the Client believes that qualifying Work covered by the 98% accuracy commitment falls below the committed accuracy level, the Client must notify Datagain within one full month following delivery. Datagain may review the reported discrepancy. If Datagain confirms that qualifying Work falls below the applicable accuracy commitment, Datagain will correct the applicable errors at no additional charge.
Five-Minute Sample Process
If Source Material contains a significant number of inaudible or questionable portions, Datagain may provide the Client with an approximately five minute sample. Work on the affected file may be paused while Datagain waits for the Client's instruction on whether to continue. If the Client elects not to proceed, the first five minutes of the applicable sample will not be charged where the five minute sample policy applies. Completed Work exceeding the applicable free sample may be chargeable.
Transcript Limitations
The Client acknowledges that no transcript can be guaranteed to be completely error free. Transcription may require judgment concerning punctuation, spelling, formatting, speaker identification, grammar, and inaudible or unclear speech. Unless the purchased service expressly includes editing or proofreading, Datagain transcribes the Source Material and does not independently correct the underlying speaker's grammar or factual statements.
5-Minute Sample Rule
Datagain provides an approximately five-minute sample. Work pauses for the affected file while the Client decides whether to proceed. The first five minutes are not charged if the Client does not proceed. Completed Work exceeding the applicable free sample may be chargeable.
Source Material & Media Handling
Datagain recommends that Clients retain backup copies of all Source Material submitted to the Services. The Client should not provide the only available copy of irreplaceable Source Material.
Where Datagain accepts physical media or original materials under a separately supported service, the Client submits those materials subject to the applicable handling and shipping terms.
Datagain will use reasonable care when handling Source Material but cannot guarantee that physical or electronically transmitted Source Material will always be received, processed, transmitted, or returned without damage, loss, corruption, or interruption caused by circumstances outside Datagain's reasonable control.
Shipping Costs
Where physical shipping services apply, the Client is responsible for applicable shipping costs unless otherwise agreed.
Confidentiality & Data Protection
Datagain acknowledges that, through its relationship with the Client, it may receive or access Confidential Information.
Confidentiality
Datagain will not use Confidential Information for its own unrelated purposes or disclose it to unauthorized third parties except:
• As necessary to provide the Services;
• To authorized employees, contractors, service providers, or subprocessors that require access for the provision of the Services;
• Where authorized by the Client;
• Where required by law, court order, subpoena, regulatory requirement, or other legal process; or
• Where the information has lawfully entered the public domain through no breach by Datagain.
Data Retention & Deletion
Source Material, Work, account information, and related service data may be stored for periods reasonably necessary to:
- Provide the Services;
- Allow Clients to access available files, projects, transcripts, and outputs;
- Maintain system integrity and backups;
- Meet contractual requirements;
- Comply with applicable law; and
- Support security, billing, dispute resolution, and operational requirements.
Data will be retained and deleted in accordance with Datagain's applicable Privacy Policy, retention practices, account settings, contractual commitments, and legal obligations.
Copyright & Lawful Use
Rights in Source Material
The Client represents and warrants that it has all rights, permissions, authorizations, consents, and lawful bases necessary to submit Source Material to Datagain and to authorize Datagain to process that Source Material for purposes of providing the Services.
The Client must not knowingly upload, submit, transmit, publish, reproduce, or distribute material in violation of:
• Copyright;
• Trademark;
• Privacy rights;
• Publicity rights;
• Confidentiality obligations;
• Proprietary rights; or
• Other applicable rights or laws.
Lawful Use
The Client may use the Work only for lawful purposes. The Client agrees not to use the Services or Work in a manner that is unlawful or reasonably likely to cause material harm to Datagain's customers, systems, operations, or reputation.
Client Responsibilities
Datagain strives to provide accurate Work; however, the Client remains responsible for reviewing and verifying the Work before relying upon it.
Mandatory Client Review and Proofreading
The Client must proofread and confirm the accuracy of transcripts or other relevant Work before:
- Publication;
- Printing;
- Distribution;
- Quotation;
- Submission to third parties;
- Legal or regulatory use;
- Business decision making; or
- Any other material reliance on the Work.
To the extent permitted by applicable law, Datagain will not be responsible for claims resulting from the Client's failure to review the Work before such use.
Indemnification
To the extent permitted by applicable law, the Client agrees to indemnify and hold harmless Datagain and its employees, officers, directors, agents, and authorized representatives from claims, losses, damages, liabilities, costs, and reasonable legal fees arising out of or relating to:
- Source Material submitted by or on behalf of the Client;
- The Client's use of the Services or Work;
- The Client's violation of applicable law;
- The Client's infringement or violation of third party rights; or
- The Client's material breach of these Terms.
Limitation of Liability & Force Majeure
EXCLUSION OF CERTAIN DAMAGES
To the extent permitted by applicable law, Datagain will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, or for loss of profits, revenue, business opportunity, data, goodwill, or use arising from or related to these Terms, the Services, Work, or Source Material.
Where applicable and subject to law, if the Client is dissatisfied with qualifying Work, Datagain's primary remedy may include correction of confirmed errors in accordance with the applicable service commitment.
Datagain's aggregate liability arising out of or relating to these Terms, the Work, Services, or Source Material will not exceed the amounts actually paid by the Client to Datagain in connection with the applicable claim, except where such limitation is prohibited by applicable law.
To the extent permitted by applicable law, Datagain will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, or for loss of profits, revenue, business opportunity, data, goodwill, or use arising from or related to these Terms, the Services, Work, or Source Material.
Where applicable and subject to law, if the Client is dissatisfied with qualifying Work, Datagain's primary remedy may include correction of confirmed errors in accordance with the applicable service commitment.
Datagain's aggregate liability arising out of or relating to these Terms, the Work, Services, or Source Material will not exceed the amounts actually paid by the Client to Datagain in connection with the applicable claim, except where such limitation is prohibited by applicable law.
Force Majeure
Datagain will not be liable for failure or delay caused by circumstances outside its reasonable control, including:
• Government action;
• War;
• Civil unrest;
• Sabotage;
• Embargo;
• Fire;
• Flood;
• Natural disasters;
• Labor disturbances;
• Transportation interruption;
• Telecommunications or internet outages;
• Cloud or infrastructure failures;
• Power failures; or
• Other events beyond Datagain's reasonable control.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for gross negligence or willful misconduct where applicable.
Term & Termination
These Terms become effective when the Client first accepts them, registers for the applicable Services, or otherwise enters into a service relationship with Datagain.
They remain effective for as long as the Client accesses or uses the Services or has an active service agreement with Datagain.
Where a separate service contract specifies an initial term, including a twelve month term, that contract term will apply.
Different terms may apply to subscription, enterprise, project based, or on demand Services as specified in the applicable agreement.
Datagain or the Client may terminate Services in accordance with the applicable service agreement, account terms, or termination provisions communicated to the Client.
General Terms & Modifications
Binding Electronic Agreement
By selecting an acceptance option such as I Agree, completing registration, executing an applicable agreement, or otherwise using the Services after being presented with these Terms, the Client acknowledges that it has read, understood, and agreed to these Terms.
These Terms, together with any applicable service agreement, order form, quotation, Privacy Policy, or expressly incorporated terms, constitute the applicable agreement between the parties concerning the Services.
Changes to These Terms
Datagain may update these Terms from time to time. Updated Terms may be posted on Datagain's website or otherwise communicated to the Client where appropriate. Where required by applicable law or contract, Datagain will provide reasonable notice of material changes. Any separately negotiated amendment to these Terms must be agreed to by authorized representatives of both parties in writing.
Assignment
Neither party may assign an applicable service agreement in violation of its contractual obligations without any consent required under that agreement, except as otherwise permitted by law or agreed between the parties.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Survival
Provisions that by their nature are intended to survive termination, including applicable confidentiality, intellectual property, indemnification, payment, and limitation of liability provisions, will survive termination or expiration.
Governing Law & Jurisdiction
These Terms and any claim arising directly or indirectly from these Terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
Jurisdiction & Forum
Unless otherwise required by applicable law or agreed in writing, any applicable claim must be brought in:
- The state courts of California located in Los Angeles County; or
- The United States District Court for the Central District of California.
Each party submits to the jurisdiction of those courts and, to the extent permitted by law, waives objections based on inconvenient forum.
Contact Information
For legal notices, questions regarding these Terms & Conditions, or other official communications, please contact:
Datagain, Inc.
10750 Moore Drive
Parkland, FL 33076
Email Address
ant@datagainservices.comPhone Number
201-598-1767
© 2026 Datagain Services. All rights reserved for Ant by Datagain