These Terms of Service ("Terms") are an agreement between you and Willxcel Inc. dba DataThat ("DataThat," "we," "us," or "our") and govern your access to and use of the DataThat website, application, reports, dashboards, integrations, and related services (collectively, the "Service"). By creating an account, installing the application, purchasing a plan, or using the Service, you agree to these Terms.

1. Eligibility and Authority

You must be legally able to enter into a binding agreement and use the Service for lawful business purposes. If you use DataThat for an organization, you represent that you are authorized to accept these Terms for that organization.

2. Accounts

You must provide accurate account information and keep it current. You are responsible for safeguarding credentials, limiting account access to authorized users, and all activity performed through your account. Notify DataThat promptly if you suspect unauthorized access or misuse.

3. Connected Services and Permissions

The Service may connect to a CRM, Google Search Console, Google Analytics, Cloudflare, payment providers, email or SMS delivery providers, and other third-party services. You authorize DataThat to access and process information made available through the permissions you approve for the purpose of providing the Service.

You are responsible for maintaining valid third-party accounts, permissions, and authorizations. Third-party services may change, suspend, or discontinue their APIs or features, which may affect DataThat functionality.

4. Reporting Data and Tag Timestamps

DataThat processes synced contact, tag, and custom field information to generate charts, lists, reports, widgets, dashboards, and featured reports displayed inside supported CRM interfaces. The source CRM may not provide the original application time for tags that existed before DataThat was connected. Existing tags may therefore be recorded using the initial DataThat sync date and time. Tag additions and removals received after connection are recorded as those updates are processed.

Reports depend on the availability, completeness, timing, and accuracy of source data. You are responsible for reviewing reporting criteria and results before relying on them for business decisions.

Report links, embedded or featured reports, downloaded files, printed reports, and PDF reports may contain Customer Data. You are responsible for controlling recipients, links, downloads, and access to those materials.

5. Acceptable Use

You may not:

  • Use the Service in violation of law, regulation, third-party rights, or applicable platform terms.
  • Access data or accounts without proper authorization.
  • Upload malicious code or interfere with the security, integrity, or operation of the Service.
  • Attempt to bypass usage limits, access controls, or authentication systems.
  • Reverse engineer or copy protected portions of the Service except where applicable law expressly permits it.
  • Use the Service to transmit spam, unlawful content, or information you do not have the right to process.
  • Resell or sublicense the Service unless DataThat has authorized it in writing.

6. Customer Data and Responsibilities

You retain your rights in information you submit or authorize DataThat to process ("Customer Data"). You grant DataThat the limited rights necessary to host, process, transmit, display, and otherwise use Customer Data to provide, secure, support, and improve the Service.

You are responsible for obtaining all notices, permissions, and legal bases required to collect and use Customer Data and to provide it to DataThat. Do not use the Service to process data prohibited by applicable law or third-party platform rules.

If you schedule reports for email or SMS delivery, you are responsible for the accuracy of recipient information, recipient authorization, message content, and compliance with applicable communication and marketing laws. Delivery timing is not guaranteed and may depend on third-party providers.

7. Plans, Fees, and Billing

Paid features require an active paid plan. Fees, billing periods, plan limits, and included features are presented at purchase or in your account. Unless otherwise stated, subscriptions renew automatically for the same billing period until canceled.

You authorize the applicable payment provider to charge the payment method on file. Taxes may be added where required. Except where required by law or expressly stated in writing, fees already paid are nonrefundable.

Advanced CRM reporting plans include access to supported SEO and Analytics reporting. SEO and Analytics may also be purchased as a standalone product. Available sources and metrics depend on connected Google or optional Cloudflare properties, permissions, source configuration, third-party availability, and applicable plan conditions.

8. Fourteen-Day Free Trial and Automatic Conversion

When offered, a fourteen-day free trial allows you to test the selected DataThat plan before paid billing begins. You select the paid plan and billing period when starting the trial and authorize the payment provider to begin charging that subscription automatically when the trial ends unless you cancel before the trial expiration date.

To cancel during the trial, submit a cancellation request through the DataThat Support page before the displayed trial expiration date. Keep your support confirmation for your records. If the trial is not canceled before it ends, the selected monthly or annual paid plan begins automatically and continues to renew until canceled.

Canceling during the trial prevents the first paid plan charge. Cancellation after a paid period begins applies to future renewals and does not automatically create a refund for charges already processed, except where required by law or expressly agreed in writing.

9. Changes to the Service and Plans

We may improve, modify, add, or remove Service features. We may also update plan pricing or limits with reasonable notice when required. We are not responsible for changes made by third-party platforms that affect integrations or available data.

10. Intellectual Property

DataThat and its licensors own the Service, including its software, design, documentation, branding, and other content, excluding Customer Data. These Terms grant you a limited, nonexclusive, nontransferable, revocable right to use the Service during your authorized subscription or access period.

If you provide feedback, you grant DataThat permission to use it without restriction or compensation, provided we do not publicly identify you as the source without permission.

11. Confidentiality

Each party may receive nonpublic information from the other that should reasonably be understood as confidential. The receiving party will use reasonable care to protect it and will use it only to perform obligations or exercise rights under these Terms, except where disclosure is authorized or legally required.

12. Privacy

Our collection and use of personal information is described in the DataThat Privacy Policy. You agree to use the Service in a manner consistent with applicable privacy and data protection requirements.

13. Plan Retention, Expiration, and Restoration

Reporting-history retention varies by plan and may be limited to a stated number of months or offered as unlimited retention while the applicable plan remains available and active. Retention describes the reporting history made available through the Service and does not guarantee permanent archival storage.

Access is suspended when a paid membership expires. DataThat may display a seven-day data-deletion countdown after expiration. After that period, reporting data may be marked as deleted and removed from active account access. DataThat may retain recoverable copies for operational, backup, legal, security, or restoration purposes.

If retained reporting data remains available when you reactivate, DataThat may restore it to the reactivated account. Restoration is not guaranteed if data has been permanently deleted, cannot be reliably associated with the account, or cannot reasonably be restored.

14. Suspension, Cancellation, and Termination

You may stop using the Service and cancel your subscription through available account or support channels. We may suspend or terminate access if you violate these Terms, fail to pay fees, create security or legal risk, misuse the Service, or if continued service becomes impractical due to a third-party platform or legal requirement.

After termination, your right to use the Service ends. Provisions that by their nature should survive will remain in effect, including payment obligations, intellectual property terms, disclaimers, limitations of liability, and dispute provisions.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATATHAT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DataThat does not warrant that the Service will be uninterrupted, error-free, or completely secure, or that reports will always be complete or accurate. The Service is a reporting tool and does not provide legal, financial, accounting, or other professional advice.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATATHAT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATATHAT'S TOTAL LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO DATATHAT FOR THE SERVICE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply where prohibited by law.

17. Indemnification

To the extent permitted by law, you will defend and indemnify DataThat from third-party claims, damages, losses, and reasonable expenses arising from your Customer Data, your unlawful or unauthorized use of the Service, or your violation of these Terms or third-party rights.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be brought in a court of competent jurisdiction located in California, unless applicable law requires otherwise.

19. General Terms

These Terms and referenced policies are the entire agreement regarding the Service and replace prior agreements on the same subject. If a provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; DataThat may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

20. Changes to These Terms

We may update these Terms to reflect Service, business, or legal changes. Updated Terms will be posted with a revised effective date. Continued use of the Service after updated Terms take effect constitutes acceptance where permitted by law.

21. Contact

Questions about these Terms or Willxcel Inc. dba DataThat may be submitted through the DataThat Support page.