END USER LICENSE AGREEMENT (EULA)

Data Analytics Platform Service

Effective: January 1, 2025

Last updated: July 10, 2025

This End User License Agreement ("Agreement") is entered into between Datateer, LLC, a Colorado corporation ("Company," "we," "us," or "our") and the entity or individual accessing or using our data analytics platform service ("Customer," "you," or "your").

1. ACCEPTANCE OF TERMS

By accessing, downloading, installing, or using our data analytics platform service (the "Service"), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not use the Service.

2. SERVICE DESCRIPTION

Our Service provides data extraction, integration, reporting, and analytics capabilities by connecting to and extracting data from your third-party SaaS applications, databases, APIs, and other data sources ("Data Sources"). The Service processes this data to generate reports, dashboards, and analytics insights for your business operations.

3. LICENSE GRANT

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of your subscription solely for your internal business purposes.

4. DATA RIGHTS AND RESPONSIBILITIES

4.1 Customer Data Ownership

You retain all rights, title, and interest in and to your data extracted from your Data Sources ("Customer Data"). We claim no ownership rights in Customer Data.

4.2 Customer Responsibilities

You represent and warrant that:
- You have the legal right and authority to provide access to all Data Sources
- You have obtained all necessary permissions, consents, and authorizations to extract and process data from your Data Sources
- Your use of the Service complies with all applicable laws, regulations, and third-party terms of service
- You are responsible for ensuring compliance with data protection laws (including GDPR, CCPA, etc.) regarding any personal data processed through the Service

4.3 Data Processing Authorization

You authorize us to:
- Access and extract data from your designated Data Sources
- Process, analyze, and transform Customer Data to provide the Service
- Store Customer Data on secure cloud infrastructure
- Generate reports and analytics based on Customer Data

5. DATA SECURITY AND PRIVACY

5.1 Security Measures

We implement industry-standard security measures to protect Customer Data, including:
- Encryption of data in transit and at rest
- Access controls and authentication mechanisms
- Regular security audits and monitoring
- Secure data processing environments

5.2 Data Retention

We will retain Customer Data only as long as necessary to provide the Service or as required by law. Upon termination of your subscription, we will delete or return Customer Data as requested, subject to legal retention requirements.

5.3 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

6. RESTRICTIONS AND PROHIBITED USES

You may not:
- Use the Service for any unlawful purpose or in violation of applicable laws
- Attempt to reverse engineer, decompile, or disassemble the Service
- Access data sources without proper authorization
- Share your account credentials with unauthorized parties
- Use the Service to compete with or harm our business interests
- Extract, copy, or redistribute our proprietary analytics algorithms or methodologies

7. THIRD-PARTY INTEGRATIONS

7.1 Third-Party Terms

Your use of third-party Data Sources through our Service is subject to the terms and conditions of those third-party providers. You are responsible for compliance with all such terms.

7.2 API Rate Limits

We may implement rate limiting for API calls to protect system performance. Excessive usage may result in temporary service restrictions.

8. SERVICE AVAILABILITY AND MODIFICATIONS

8.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible.

8.2 Service Modifications

We reserve the right to modify, update, or discontinue features of the Service with reasonable notice. Material changes to core functionality will be communicated at least 30 days in advance.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
- WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

10. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:
- Your use of the Service in violation of this Agreement
- Your breach of any representation or warranty
- Unauthorized access to Data Sources
- Violation of third-party rights or applicable laws

11. TERMINATION

11.1 Termination Rights

Either party may terminate this Agreement:
- Upon written notice if the other party materially breaches the Agreement and fails to cure within 30 days
- Immediately if the other party becomes insolvent or files for bankruptcy
- Upon expiration of the subscription term if not renewed

11.2 Effect of Termination

Upon termination:
- Your access to the Service will be suspended
- We will cease processing Customer Data
- Data deletion or return will be handled according to your instructions and applicable law

12. COMPLIANCE AND REGULATORY MATTERS

12.1 Data Protection Laws

Both parties will comply with applicable data protection laws. If you process personal data of EU residents, you acknowledge that we may act as a data processor under GDPR.

12.2 Export Controls

The Service may be subject to export control laws. You agree to comply with all applicable export regulations.

13. GENERAL PROVISIONS

13.1 Governing Law

This Agreement is governed by the laws of [STATE/JURISDICTION], without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes will be resolved through binding arbitration in [CITY, STATE] under the rules of the American Arbitration Association.

13.3 Entire Agreement

This Agreement, together with our Privacy Policy and any applicable order forms, constitutes the entire agreement between the parties.

13.4 Severability

If any provision is found unenforceable, the remainder of the Agreement will remain in full force and effect.

13.5 Amendments

This Agreement may only be modified by written consent of both parties or by posting updated terms with reasonable notice.

14. CONTACT INFORMATION

For questions about this Agreement, please contact us at:
- Email: legal@datateer.com
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**By using the Service, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.**