DFDSoft Terms of Service

These Terms of Service (“Terms”) govern access to and use of the websites, software, applications, APIs, browser extensions, artificial intelligence features, integrations, databases, and other services provided by DFDSoft (“DFDSoft,” “we,” “our,” or “us”), collectively the “Services.”

By accessing or using the Services, you agree to these Terms.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

1. Eligibility

You must be legally capable of entering into a binding agreement to use the Services.

The Services are intended primarily for business and professional use.

2. Accounts

You are responsible for:

• Maintaining accurate account information
• Protecting login credentials
• Controlling access by authorized users
• Activity occurring through your account
• Promptly notifying DFDSoft of suspected unauthorized access

You may not share credentials in a manner that circumvents applicable subscription or security restrictions.

3. License

Subject to these Terms and applicable subscription terms, DFDSoft grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for authorized business purposes.

No ownership rights in the Services are transferred to you.

4. Customer Data

“Customer Data” means information submitted, uploaded, synchronized, imported, transmitted, or otherwise provided to the Services by or on behalf of a customer.

As between DFDSoft and the customer, the customer retains its rights in Customer Data.

The customer grants DFDSoft the rights reasonably necessary to host, process, transmit, reproduce, display, modify, and otherwise use Customer Data to:

• Provide the Services
• Process customer instructions
• Maintain security
• Prevent fraud and abuse
• Provide support
• Improve reliability and functionality
• Satisfy legal obligations

DFDSoft does not acquire ownership of Customer Data merely because it is processed through the Services.

5. Customer Responsibilities

You are responsible for ensuring that:

• You have a lawful basis to collect and process information uploaded to the Services
• Your business and employment practices comply with applicable law
• Required notices are provided to individuals
• Required consent is obtained where applicable
• Your communications comply with applicable email, telephone, text-message, employment, and privacy laws
• Information obtained through integrations or third-party providers is used in accordance with applicable terms and law
• Your authorized users use the Services appropriately

6. Business and Employment Decisions

DFDSoft provides technology and information-management tools.

Unless separately agreed in writing, DFDSoft:

• Is not an employer, staffing agency, or professional adviser acting on behalf of the customer
• Does not make business, employment, or personnel decisions for customers
• Does not guarantee the accuracy of information processed through the Services
• Does not guarantee any particular business outcome

Customers are responsible for business and employment-related decisions made through or with the assistance of the Services.

7. Artificial Intelligence

The Services may include artificial intelligence, machine learning, automated search, recommendation, ranking, generation, or analysis functionality.

AI-generated or AI-assisted outputs may contain errors, omissions, biases, or inaccurate information.

You are responsible for reviewing outputs before relying upon them.

You may not rely solely upon DFDSoft-generated automated output for a legally significant business or employment decision where applicable law requires human review, notice, consent, testing, assessment, or another safeguard.

DFDSoft does not warrant that an AI-generated output is accurate, complete, unbiased, legally compliant, or suitable for any particular business or employment decision.

8. Data and Contact Information

Information available through the Services may originate from customers, users, integrations, public sources, licensed providers, permitted data sources, or other third parties.

DFDSoft does not guarantee that every record is current, complete, or accurate.

Users should independently verify information where appropriate before making material decisions.

9. Communications

Certain Services may allow users to send or facilitate email, telephone, text, or other communications.

You are responsible for:

• The recipients you contact
• The content of communications
• Maintaining appropriate consent
• Honoring opt-out and unsubscribe requests
• Complying with anti-spam and telemarketing requirements
• Complying with call-recording and consent requirements
• Maintaining appropriate sending practices

DFDSoft may limit or suspend communications functionality to protect security, reputation, deliverability, third parties, or the Services.

10. Acceptable Use

You must comply with the DFDSoft Acceptable Use Policy.

You may not use the Services to:

• Violate law
• Infringe intellectual property
• Commit fraud
• Harass or unlawfully discriminate
• Introduce malware
• Circumvent security
• Gain unauthorized access
• Scrape or extract the Services in an unauthorized manner
• Resell data or functionality except as expressly authorized
• Send unlawful spam
• Misrepresent your identity
• Interfere with the operation of the Services

11. Third-Party Services

The Services may interoperate with third-party products.

Use of third-party products may be subject to separate terms and privacy policies.

DFDSoft is not responsible for third-party services outside DFDSoft’s control.

12. Fees and Payment

Paid Services are subject to the pricing, subscription period, payment terms, usage limits, and other commercial terms presented at purchase or contained in an applicable order form.

Unless otherwise stated in writing:

• Fees are stated in U.S. dollars.
• Fees are exclusive of applicable taxes.
• Customer is responsible for applicable taxes other than taxes based on DFDSoft’s net income.
• Payment obligations are non-cancelable and fees paid are non-refundable except where expressly provided otherwise.

13. Suspension

DFDSoft may restrict or suspend access where reasonably necessary because of:

• Nonpayment
• Security concerns
• Suspected unlawful activity
• Material breach of these Terms
• Abuse of the Services
• Risk to other users or third parties
• Infrastructure or deliverability concerns

Where practical, DFDSoft will provide notice and an opportunity to remedy the issue.

14. Intellectual Property

DFDSoft and its licensors retain all rights in:

• The software
• Interfaces
• Designs
• Documentation
• APIs
• Algorithms
• Models
• Databases
• Workflows
• Trademarks
• Other DFDSoft technology

Except for the limited rights expressly granted by these Terms, no rights are granted to you.

15. Feedback

If you provide suggestions or feedback regarding the Services, DFDSoft may use that feedback without restriction or compensation, provided that doing so does not transfer ownership of your Customer Data to DFDSoft.

16. Confidentiality

Each party may receive confidential information belonging to the other.

The receiving party will use reasonable care to protect confidential information and will use it only for purposes related to the parties’ relationship.

Confidential information does not include information that:

• Is publicly available without breach
• Was lawfully known before disclosure
• Is independently developed without use of the confidential information
• Is lawfully obtained from another source

17. Security

DFDSoft maintains reasonable administrative, technical, and organizational safeguards designed to protect the Services and information processed through them.

No system can be guaranteed to be completely secure.

18. Disclaimer of Warranties

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

DFDSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED AVAILABILITY.

DFDSOFT DOES NOT WARRANT THAT:

• THE SERVICES WILL BE ERROR-FREE
• ALL INFORMATION WILL BE ACCURATE
• AI OUTPUTS WILL BE CORRECT
• THE SERVICES WILL MEET EVERY REQUIREMENT
• ANY PARTICULAR BUSINESS RESULT WILL OCCUR

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS OF DATA ARISING FROM OR RELATING TO THE SERVICES.

EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, DFDSOFT’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO DFDSOFT BY THE CUSTOMER DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

20. Indemnification

To the extent permitted by law, you agree to defend and indemnify DFDSoft against third-party claims resulting from:

• Your Customer Data
• Your unlawful use of the Services
• Your violation of these Terms
• Your business or employment practices
• Your communications
• Your violation of another person’s rights

21. Termination

You may stop using the Services at any time, subject to contractual subscription obligations.

DFDSoft may terminate access for material violation of these Terms or as otherwise permitted under an applicable agreement.

Sections that by their nature should survive termination will survive.

22. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.

Any disputes will be resolved in accordance with the dispute-resolution terms contained in the applicable customer agreement or, if none exists, in the state or federal courts located in San Francisco County, California.

23. Changes

DFDSoft may modify these Terms periodically.

Material changes will become effective upon notice as required by applicable law or agreement.

Continued use after the effective date constitutes acceptance of the revised Terms where legally permitted.

24. Contact