Terms and Conditions of Use

Effective Date: 7th February 2025

IMPORTANT -- PLEASE READ CAREFULLY: BY CLICKING THE "SIGN UP" BUTTON OR ACCESSING OR USING ANY PART OF THE DataStreams.AI SERVICE OFFERED BY THE APP DYNAMICS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT USE THE DATASTREAMS SERVICE.

This Terms and Conditions of Use Agreement ("Agreement") is effective as of the date of acceptance, 7th February 2025, between The App Dynamics, with its principal office located at 1140 6th Ave, fl 9th New York, NY 10036 ("Provider"), and you, the user ("Customer"). Individually, each may be referred to as a "Party" and collectively as the "Parties."

1. Definitions

1.1 "Affiliate" denotes any organization that controls, is controlled by, or shares common control with a Party.

1.2 "Agreement" refers to these Terms and Conditions governing usage.

1.3 "Content" includes all data, documents, and materials accessible via the DataStreams.AI service.

1.4 "Customer Information" comprises the details provided by the Customer during sign-up, such as name, company information, billing details, and email address.

1.5 "Customer Data" represents any data uploaded by the Customer for processing within the DataStreams.AI service.

1.6 "DataStreams.AI Service" includes all tools and features made available by The App Dynamics as part of its platform.

1.7 "Intellectual Property Rights" comprises copyrights, patents, trademarks, trade secrets, and other ownership rights.

1.8 "Provider Technology" signifies the proprietary systems, infrastructure, and technology employed by The App Dynamics to operate the DataStreams.AI service.

1.9 "App" refers to the DataStreams platform accessible at https://datastreams.ai/userapp/.

2. License and Acceptable Use

2.1 Grant of License: Subject to compliance with this Agreement, The App Dynamics grants the Customer a non-exclusive, non-transferable right to use the DataStreams service for internal business operations.

2.2 Permitted Uses:

• Email Verification: Customers may upload and process email data for verification purposes.

2.3 Prohibited Activities: Customers shall not:

• Resell or distribute the DataStreams service
• Modify, reverse engineer, or create derivative works of the service
• Use the service for unsolicited emails or unlawful purposes
• Interfere with the integrity or security of the service
• Violate any applicable laws or regulations

3. Customer Responsibilities

3.1 Customers are responsible for maintaining account security and ensuring that their use of the service complies with all applicable laws and policies.

3.2 Customers retain ownership of their uploaded data but grant The App Dynamics a limited license to process such data strictly for service functionality.

4. Data Handling and Confidentiality

4.1 Use of Data: The App Dynamics will process Customer Data only as necessary to provide the service. Customer Information and Data will be handled in accordance with applicable privacy laws.

4.2 Retention Policy:

Customer Information is retained as long as the account remains active.

4.3 Confidentiality: Both Parties agree to protect each other's confidential information and not disclose it to third parties except as required by law.

5. Intellectual Property

5.1 The App Dynamics retains all Intellectual Property Rights in its technology, content, and the DataStreams service. No rights are transferred to the Customer under this Agreement.

6. Privacy Policy

6.1 The App Dynamics' Privacy Policy, available at datastreams.ai/privacypolicy/, governs the collection and use of Customer Information.

7. Fees and Payment Terms

7.1 Fees: Customers must pay all fees as specified in the pricing section. Fees are billed in U.S. Dollars.

7.2 Payment Obligations:

Prepaid credits are required for verifying emails.

8. Termination

8.1 Either Party may terminate this Agreement at any time. The App Dynamics reserves the right to suspend access for violations of this Agreement.

9. Disclaimers and Liability Limitations

9.1 No Warranties: The App Dynamics provides the service "AS IS" and makes no warranties regarding uninterrupted access or error-free performance.

9.2 Limitation of Liability: Neither Party shall be liable for indirect or consequential damages.

10. Governing Law and Dispute Resolution

10.1 This Agreement is governed by the laws of New York. Disputes shall be resolved through binding arbitration administered by JAMS in New York, NY.

11. General Provisions

11.1 Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings.

11.2 Modifications: The App Dynamics may update these terms with 30 days' notice.

11.3 Severability: If any provision is deemed unenforceable, the remaining provisions shall remain valid.

Return & Refund Policy

• Free Credits: Trial credits are non-refundable.
• 7-Day Guarantee: Refunds are available within 7 days if no credits have been used.
• Annual Plans: Refunds are permitted within 30 days for valid claims; otherwise, payments are final.
• Technical Failures: Refunds or credits may be granted at The App Dynamics' discretion for major system disruptions.
• Chargebacks: Unauthorized disputes may lead to account suspension.
• Subscription Renewals: Annual plans renew automatically. Refunds are available within 7 days if no credits were used.

For support, contact us at support@datastreams.ai.

By using the DataStreams service, you confirm that you have read and agree to these Terms and Conditions.