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Terms of Service

Terms of Service

Datafruit, Inc. Last Updated: March 6, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the website, platform, and AI-powered services (collectively, the "Services") provided by Datafruit, Inc. ("Datafruit," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Services.

2. Description of Services

Datafruit provides AI-powered tools that help enterprise software implementation teams with discovery, project scoping, margin estimation, and knowledge transfer from past engagements. The Services include AI-generated outputs such as business requirements documents, scope estimates, and project analyses derived from data you provide.

3. Accounts

To use the Services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@datafruit.com if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms or that remain inactive for an extended period.

4. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation
  • Upload or transmit any content that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, or obscene
  • Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the Services or our AI models
  • Interfere with or disrupt the integrity or performance of the Services or related infrastructure
  • Circumvent any access controls, rate limits, or usage restrictions
  • Use the Services to build a competing product or service
  • Scrape, harvest, or collect data from the Services through automated means without our prior written consent
  • Resell, sublicense, or redistribute the Services without our prior written consent
  • Misrepresent your identity or affiliation when using the Services

5. Customer Data

Ownership

You retain all rights, title, and interest in the data you upload, input, or otherwise provide to the Services ("Customer Data"). You grant Datafruit a limited, non-exclusive license to use Customer Data solely to provide and improve the Services as described in our Privacy Policy.

Your Responsibilities

You are responsible for the accuracy, quality, and legality of Customer Data. You represent that you have all necessary rights and permissions to provide Customer Data to Datafruit and that doing so does not violate any third-party rights, confidentiality obligations, or applicable laws.

Data Handling

We handle Customer Data in accordance with our Privacy Policy and any applicable data processing agreement. For enterprise customers, we offer additional data protection terms upon request.

6. AI-Generated Outputs

Nature of Outputs

The Services produce AI-generated outputs including but not limited to business requirements documents, scope estimates, margin analyses, and knowledge transfer summaries. These outputs are generated by artificial intelligence based on the Customer Data you provide and our trained models.

Ownership of Outputs

Subject to your compliance with these Terms, you own the outputs generated by the Services from your Customer Data. Datafruit retains no ownership interest in your specific outputs.

No Guarantees

AI-generated outputs are provided as decision-support tools and are not guaranteed to be accurate, complete, or suitable for any particular purpose. You are responsible for reviewing, validating, and adapting all outputs before relying on them in any business decision, client deliverable, or contractual commitment. Datafruit does not warrant that outputs will be error-free or meet specific accuracy thresholds.

7. Intellectual Property

Datafruit IP

The Services, including all software, AI models, algorithms, interfaces, documentation, and related technology, are and remain the exclusive property of Datafruit and its licensors. These Terms do not grant you any rights to Datafruit's intellectual property except the limited right to use the Services as described here.

Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant Datafruit a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate the Feedback into the Services without obligation to you.

8. Fees and Payment

Pricing

Access to the Services is subject to the fees outlined in your subscription plan or order form. All fees are quoted in U.S. dollars unless otherwise specified.

Payment Terms

Fees are billed in advance on a monthly or annual basis as specified in your plan. Payment is due within 30 days of invoice date unless otherwise agreed. Unpaid amounts are subject to a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Changes to Pricing

We may update pricing with at least 30 days' prior written notice. Price changes take effect at the start of your next billing cycle following the notice period.

Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, levies, and duties, excluding taxes based on Datafruit's net income.

9. Term and Termination

Term

These Terms are effective when you first access or use the Services and continue until terminated.

Termination by You

You may terminate your account at any time by contacting support@datafruit.com. Termination does not entitle you to a refund of prepaid fees unless otherwise stated in your order form.

Termination by Datafruit

We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Services with at least 90 days' prior notice.

Effect of Termination

Upon termination, your right to access the Services ceases immediately. We will make your Customer Data available for export for 30 days following termination. After that period, we may delete your Customer Data in accordance with our data retention practices.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services ("Confidential Information"). Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction. Confidentiality obligations survive termination for a period of three years.

11. Warranties and Disclaimers

Limited Warranty

Datafruit warrants that the Services will perform substantially in accordance with the applicable documentation during your subscription term.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DATAFRUIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DATAFRUIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR COMPLETE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DATAFRUIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

DATAFRUIT'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DATAFRUIT IN THE TWELVE MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Datafruit and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services, (b) your breach of these Terms, (c) your Customer Data, or (d) your violation of any third-party rights.

14. Dispute Resolution

Governing Law

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

Arbitration

Any dispute arising from these Terms or the Services will be resolved through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, conducted in San Francisco, California. Either party may seek injunctive relief in any court of competent jurisdiction.

Class Action Waiver

You agree that any disputes will be resolved on an individual basis and not as part of any class, consolidated, or representative action.

15. General Provisions

  • Entire Agreement. These Terms, together with the Privacy Policy, any order forms, and any data processing agreements, constitute the entire agreement between you and Datafruit regarding the Services.
  • Amendments. We may modify these Terms by posting the revised version on our website. Material changes will be communicated with at least 30 days' notice. Continued use after changes take effect constitutes acceptance.
  • Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
  • Waiver. Failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment. You may not assign these Terms without our prior written consent. Datafruit may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
  • Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, government actions, or internet disruptions.

16. Contact Us

If you have questions about these Terms, contact us at:

Datafruit, Inc. Email: support@datafruit.com