Effective Date: January 1st 2026
These Terms of Service (“Terms”) govern your access to and use of DataFQ’s services,
including APIs, dashboards, reports, datasets, and related offerings (“Services”). By using
the Services, you agree to be bound by these Terms. If you do not agree, you may not use
the Services.
1. Definitions
- “Customer Data” means data, content, or information that you submit to DataFQ in connection with the Services.
- “Output Data” means results, reports, dashboards, or insights generated by the Services.
- “Third-Party Data” means publicly available or third-party content (e.g., reviews, ratings) collected and processed by DataFQ.
- “Confidential Information” has the meaning in Section 8.
- “API Key” means a unique credential issued by DataFQ to access certain Services.
2. Services Provided
DataFQ collects and structures data from publicly available and licensed sources (including
via automated tools, APIs, and web scraping), analyzes it using AI-based sentiment and
semantic methods, and delivers datasets via API, dashboards, reports, or other agreed
formats. DataFQ does not guarantee the continued availability of all data sources. Sources
may change or be discontinued without notice.
3. Accounts & Access
- You must provide accurate information when registering an account.
- You are responsible for safeguarding your login credentials and API keys.
- You remain liable for all activity conducted under your account, whether authorized or not.
- You must notify DataFQ immediately of any unauthorized use or breach of security.
4. License & Use of Data
You are granted a limited, non-exclusive, non-transferable, revocable license to use the
Services and Output Data for your internal business purposes only. You may not:
- Resell, redistribute, sublicense, or make the data available to third parties without prior written consent.
- Use the Services in violation of applicable law, third-party rights, or terms of the original data sources.
- Misuse or overload the Services, including excessive API calls beyond fair use limits.
- Present Output Data in a misleading or unauthorized manner.
Notwithstanding any other provision of these Terms, any publication, display, reproduction, or redistribution of Third-Party Data (including, without limitation, reviews, ratings, or review excerpts) by Customer shall be entirely at Customer’s own risk and responsibility.
Customer acknowledges and agrees that:
- DataFQ does not grant any rights to publish, republish, reproduce, or publicly display Third-Party Data, except to the extent explicitly agreed in writing;
- Customer is solely responsible for determining whether such publication complies with applicable laws, intellectual property rights, platform terms of service, and any other third-party rights;
- DataFQ makes no representations or warranties that Third-Party Data may be lawfully published or republished by Customer; and
- Customer shall indemnify, defend, and hold harmless DataFQ from and against any claims, damages, liabilities, costs, or expenses arising from Customer’s publication or use of Third-Party Data beyond internal business purposes.
DataFQ shall have the right to suspend or terminate Customer’s access to the Services, in whole or in part, if DataFQ reasonably believes that Customer’s publication or use of Third-Party Data may expose DataFQ to legal or regulatory risk.
5. Fees & Payment
- Fees are specified in the applicable order form, subscription plan, or agreement.
- Unless otherwise stated, fees are billed monthly in advance and are non-refundable.
- Late payments may incur interest at the rate of 6% per month or the maximum permitted by law.
- If payment is not received within thirty (30) days of the due date, DataFQ may, after written notice, suspend or terminate your access to the Services until full payment is received.
- All fees are exclusive of taxes; you are responsible for all applicable taxes, duties, and levies.
- Fees may be adjusted once per calendar year in line with the official Consumer Price Index (CPI) published by Statistics Netherlands or, if that index is no longer available, by another generally accepted index, provided that such adjustment shall not exceed eight percent (8%) per year. Any such adjustment shall not be considered a modification of this Agreement and shall not entitle the Customer to terminate the Services. Notice of the adjustment will be provided at least thirty (30) days in advance
6. Intellectual Property
All intellectual property rights in the Services, Output Data, and related materials remain
with DataFQ or its licensors. You receive no ownership rights. Customer Data remains your
property; however, you grant DataFQ a limited license to use Customer Data to provide and
improve the Services
7. Data Protection & Privacy
- DataFQ will process personal data in accordance with applicable data protection laws, including the GDPR.
- DataFQ’s role (controller or processor) will depend on the specific Services used.
- Our Privacy Policy, available at [Insert Link], describes how we handle personal data.
- You must not provide DataFQ with personal data that you are not lawfully permitted to share
8. Confidentiality
Both parties agree to keep confidential any non-public, technical, business, or financial
information disclosed in connection with these Terms (“Confidential Information”)
Confidentiality obligations continue for one (1) year following termination, except that
obligations regarding trade secrets remain as long as such information qualifies as a trade
secret.
Exceptions: Information that (a) becomes public without breach, (b) was lawfully known,
(c) is independently developed, or (d) must be disclosed by law.
9. Service Levels & Availability
- DataFQ will use commercially reasonable efforts to maintain API uptime of at least 96%.
- Support inquiries will be handled on a best-effort basis.
- The Services are provided “as is,” without warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law:
- DataFQ’s total liability for direct damages is limited to the fees paid by you in the 12 months preceding the claim.
- DataFQ is not liable for indirect, incidental, consequential, or special damages, including lost profits, business interruption, or loss of data.
- No claim may be brought more than 12 months after the cause of action arose.
11. Indemnification
- You agree to indemnify, defend, and hold harmless DataFQ, its affiliates, and employees against claims, damages, or expenses arising out of:
- Your misuse of the Services; or
- Your breach of these Terms.
12. Term & Termination
- These Terms remain in effect until terminated.
- DataFQ may suspend or terminate your access immediately for breach, misuse, unlawful activity, or failure to pay fees when due (subject to Section 5).
- Upon termination, you must cease all use of the Services and delete all Output Data obtained.
- Provisions regarding intellectual property, liability, confidentiality, payment, and indemnification shall survive termination.
13. Data Retention & Deletion
Upon termination, Customer Data will be deleted or anonymized within 60 days, unless legal
obligations require longer retention.
14. Export Controls & Restricted Use
You may not use the Services in violation of EU, US, or other applicable export or sanctions
laws. Prohibited uses include surveillance, discrimination, or unlawful profiling.
15. Force Majeure
Neither party is liable for delays or failure caused by events beyond reasonable control,
including natural disasters, strikes, internet outages, or government actions.
16. Publicity
Unless otherwise agreed in writing, DataFQ may use your name and logo to identify you as
a customer in marketing materials.
17. Assignment
You may not assign or transfer these Terms without DataFQ’s prior written consent. DataFQ
may assign its rights and obligations in connection with a merger, acquisition, or sale of
assets.
18. Governing Law & Jurisdiction
These Terms are governed by the laws of The Netherlands. Courts in Arnhem have
exclusive jurisdiction over disputes.
19. Entire Agreement, Severability & Waiver
- These Terms constitute the entire agreement between the parties regarding the Services.
- If any provision is found unenforceable, the remaining provisions remain in effect.
- Failure to enforce any provision does not constitute a waiver of rights.
20. Changes to Terms
DataFQ may modify these Terms from time to time. Continued use of the Services after
changes take effect constitutes acceptance of the revised Terms.