Terms of Service for The Context Data Platform

Welcome to Context Data, an enterprise data platform for generative AI applications. By accessing or using our SaaS platform, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the platform or to products and services available through the platform. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

1. Services

Context Data provides a low-code data platform that streamlines the creation and deployment of enterprise data pipelines specifically for Generative AI models. The platform includes connectors to multiple external sources, embedded models, vector databases, cross-platform ETL, and the ability to schedule recurring ETL jobs and run search and RAG queries on your data.

2. Customer Responsibilities

a. You are responsible for all activity occurring under your accounts and shall abide by all applicable laws and regulations in connection with your use of the Services.

b. You shall:
(i) notify Context Data immediately of any unauthorized use of any password or account or any other known or suspected breach of security;
(ii) report to Context Data immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your users; and
(iii) not impersonate another Context Data user or provide false identity information to gain access to or use the Services.

3. Customer Limitations

a. You shall not
(i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by these Terms;
(ii) use the Services to process data on behalf of any third party;
(iii) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks;
(iv) falsely imply any sponsorship or association with Context Data,
(v) use the Services in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person's intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law;
(vi) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components;
(vii) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Services;
(viii) use the Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
(ix) use the Services to store or transmit any "protected health information" as that term is defined in 45 C.F.R. Section 160.103;
(x) use the Services to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, or any other similar harmful software; or
(xi) try to use, or use the Services in violation of these Terms.

b. You shall not
(i) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;
(ii) attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Context Data server, or to any of the services offered on or through the Services, by hacking, password "mining", or any other illegitimate means;
(iii) probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services;
(iv) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Context Data, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.

4. Proprietary Rights and Confidentiality

a. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Context Data includes non-public information regarding features, functionality, and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Context Data to enable the provision of the Services ("Customer Data").

b. The Receiving Party agrees:
(i) to take reasonable precautions to protect such Proprietary Information, and
(ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.

c. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document
(i) is or becomes generally available to the public, or
(ii) was in its possession or known by it prior to receipt from the Disclosing Party, or
(iii) was rightfully disclosed to it without restriction by a third party, or
(iv) was independently developed without use of any Proprietary Information of the Disclosing Party or
(v) is required to be disclosed by law.

d. Customer shall own all right, title and interest in and to the Customer Data. Context Data shall own and retain all right, title and interest in and to
(i) the Services and Software, all improvements, enhancements or modifications thereto,
(ii) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and
(iii) all intellectual property rights related to any of the foregoing.

5. Warranties and Disclaimers

Context Data shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Context Data or by third-party providers, or because of other causes beyond Context Data's reasonable control. However, Context Data provides no assurance that the Services will remain available at all times or will be uninterrupted, error-free or secure. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED "AS IS" AND CONTEXT DATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6. Indemnification

You shall indemnify and hold Context Data, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
(i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party;
(ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or
(iii) a claim arising from the breach by you or your users of these Terms, provided in any such case that Context Data (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Context Data of all liability and such settlement does not affect Context Data's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

7. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, CONTEXT DATA AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND CONTEXT DATA'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO CONTEXT DATA FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT CONTEXT DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Data Privacy and Security

All data stored and processed through the Context Data platform is encrypted and adheres to SOC2 data privacy and processing standards. We maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of your data. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

9. Changes to Terms

Context Data reserves the right to modify these Terms at any time. Any changes we make will be effective immediately upon posting on this page, with an updated effective date. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.

10. Termination

11. Governing Law

These terms and conditions are governed by the laws of Delaware, USA, without regard to conflict of law principles. Any disputes arising out of or in connection with these terms will be resolved in the courts of Delaware, USA.

If you have any questions about these Terms, please contact us at support@contextdata.ai.

These Terms of Service are effective as of April 28, 2024.