Terms of Service

1. Agreement to these terms

These Terms of Service (the “Terms”) are a binding agreement between DataFlair.ai (“DataFlair”, “we”, “us”) and the organisation that subscribes to or uses the platform (“you”, “Customer”). By creating a workspace, starting a trial, or using any part of the service, you confirm that you have read these Terms, that you accept them, and that the person accepting them has authority to bind the organisation.

These Terms incorporate by reference our Privacy Policy, Acceptable Use & AI Policy, Cookie Policy, and Security & Data Processing page. If you have signed a separate written order form or master agreement with us, that document controls where it conflicts with these Terms.

2. What the service is

DataFlair is a multi-tenant software-as-a-service platform that helps iGaming affiliate businesses understand how players experience operator brands and run their affiliate operation in one workspace. Depending on your plan it may include modules for Intelligence, CRM, Catalog, List Manager, Content, Tracking, Stats, KPIs, Marketplace, Automation, and an Ask AI assistant, together with related APIs, integrations, and an optional WordPress plugin.

3. Eligibility and your responsibilities

The service is for businesses only. It is not offered to consumers or to players, and it is not a gambling product. To use it you confirm that:

• You are a business operating lawfully in the iGaming, affiliate, marketing, or operator space, and every user you authorise is at least 18 years old.
• You hold any licences, registrations, and permissions required to carry out gambling-related marketing in the markets you target, and you remain solely responsible for that compliance.
• You will comply with all applicable advertising standards, responsible-gambling rules, consumer-protection law, and the terms of any operator or affiliate programme you work with.
• You will not use the service from, or on behalf of, any jurisdiction or party subject to applicable sanctions or where your use would be unlawful.

DataFlair is a tool. You remain the publisher, advertiser, and decision-maker for everything you do with it.

4. Accounts, workspaces and security

Your subscription gives you a tenant-isolated workspace. You are responsible for the users you invite, for the roles and permissions you assign them, and for all activity under your workspace. You must keep credentials, two-factor methods, and API tokens confidential, and tell us promptly at [email protected] if you suspect unauthorised access. You must not share logins, probe or interfere with other tenants, or attempt to access data that is not yours. Tenant isolation is a security boundary we enforce and that you must respect.

5. Trials, subscriptions, fees and billing

Plans are tiered by modules, scale, seats, and intelligence credits, as described at the time of purchase. A free trial may be offered after a demo. At the end of a trial, paid charges begin unless you cancel before it ends.

• Billing. Subscriptions are billed in advance, monthly or annually, through our payment processor (Stripe). You authorise recurring charges for your selected plan, plus applicable taxes.
• Renewal. Subscriptions renew automatically for the same period unless cancelled before the renewal date. You can cancel future renewals at any time; cancellation takes effect at the end of the current paid period.
• Non-payment. If a charge fails or an invoice is overdue, we may suspend or limit the service after reasonable notice until amounts are paid.
• Price changes. We may change pricing for a future term and will give reasonable advance notice. Continued use after a change takes effect is acceptance of the new pricing.
• Refunds. Except where required by law, fees are non-refundable and unused intelligence credits do not carry a cash value.

6. Your data and content

You retain all rights to the brands, offers, deals, campaigns, toplists, tracker configurations, goals, automation rules, notes, and other content you put into the platform (“Customer Content”). You grant us a worldwide, non-exclusive licence to host, process, transmit, and display Customer Content only as needed to provide and improve the service, to keep it secure, and as otherwise permitted by the Privacy Policy.

You are responsible for Customer Content and for having the rights and lawful basis to provide it. Where you connect an operator account, dashboard, or API, you confirm you are authorised to use those credentials and to let us process the data they return on your behalf, and you remain bound by that third party’s terms.

7. Intelligence data and accuracy

The Intelligence engine analyses publicly available player conversations and commercial data to surface aggregated patterns about operator brands. As explained in our Privacy Policy, it is built around brand-level and market-level patterns. It is not designed to profile, identify, or make decisions about individual people.

8. Acceptable use

Your use of the platform, including its AI and connectivity features, is governed by our Acceptable Use & AI Policy, which forms part of these Terms. In particular, you must not use DataFlair or its outputs to identify, contact, harass, or target individual players, to undermine responsible-gambling protections, or to produce unlawful or deceptive gambling promotions.

9. Intellectual property

We own the platform and all rights in it, including its software, user interface, taxonomy, classification methods, models, and the aggregated and derived datasets and insights it produces. Nothing in these Terms transfers those rights to you beyond the limited right to use the service during your subscription. You may not copy, resell, sublicense, scrape, or redistribute the platform or its raw datasets, or use them to build a competing product.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without restriction. Each party keeps its own names, logos, and brand marks; neither may use the other’s marks without consent, except that we may list you as a customer unless you ask us not to.

10. Third-party services and integrations

The platform interoperates with third parties such as the payment processor, hosting and infrastructure providers, email delivery, AI model providers used inside product features, operator APIs and dashboards you connect, external AI clients you authorise through MCP, and the WordPress plugin. We are not responsible for third-party services, and your use of them is subject to their own terms. Connections you authorise are your responsibility, including the credentials and access you grant.

11. AI features

Some features use artificial intelligence to classify conversations, summarise evidence, draft content, build dashboard-scraping prompts, answer questions, and produce recommendations. AI output is probabilistic and may be inaccurate. AI usage may be metered against plan credits. Your use of AI features, including Ask AI and MCP connections, is additionally governed by the Acceptable Use & AI Policy.

12. Confidentiality

Each party may receive non-public information from the other. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to people who need it and are bound by similar obligations, or where disclosure is legally required. This does not apply to information that is public through no fault of the receiving party, already known, independently developed, or rightfully received from a third party.

13. Term, suspension and termination

These Terms apply for as long as you have a workspace or subscription. You may stop renewing at any time. We may suspend or terminate access, with notice where practical, if you materially breach these Terms or the Acceptable Use & AI Policy, fail to pay, create security or legal risk, or use the service unlawfully.

On termination, your right to use the service ends. For a limited window after termination we will make Customer Content available for export (including via the in-app data export), after which we may delete or anonymise it in line with the Privacy Policy and our retention practices. Aggregated and derived intelligence that does not identify you may be retained. Provisions that by their nature should survive (including sections 6, 7, 9, 12, 14, 15, 16, 18, and 19) survive termination.

14. Warranties and disclaimers

We provide the service with reasonable skill and care. Except as expressly stated, and to the maximum extent permitted by law, the service and all outputs are provided “as is” and “as available”, without warranties of any kind, including fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, or that any signal, score, dataset, or recommendation is accurate, complete, or current. You acknowledge you are not relying on the platform as professional advice.

15. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility. Our total aggregate liability arising out of or related to the service is limited to the fees you paid to us in the twelve months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law, such as for fraud or death or personal injury caused by negligence.

16. Indemnification

You will defend and indemnify DataFlair against third-party claims, losses, and costs arising from your use of the service in breach of these Terms or the Acceptable Use & AI Policy, your Customer Content, your regulatory or advertising non-compliance, your unauthorised use of operator credentials or third-party data, or your publication of content derived from the platform.

17. Changes to the service and these Terms

We may improve, change, or discontinue features. We may update these Terms; if a change is material we will give reasonable notice, for example by email or an in-app notice. Continued use after the effective date is acceptance of the updated Terms. If you do not agree, stop using the service before the change takes effect.

18. Governing law and disputes

DataFlair.ai is a United States business. These Terms are governed by the laws of the State of Delaware and the applicable federal laws of the United States, without regard to conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction over disputes, unless a separate signed agreement between us states otherwise or mandatory local law in your country gives you other rights. Contact [email protected] for our registered company details.

19. General

• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger or sale of assets.
• Severability. If a provision is unenforceable, the rest stays in effect.
• No waiver. Not enforcing a right is not a waiver of it.
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
• Entire agreement. These Terms and the documents they incorporate are the entire agreement between us about the service.
• Notices. We may give notices in-app or by email to your account contacts. Send legal notices to [email protected].

20. Contact

For questions about these Terms, contact [email protected]. For general enquiries, contact [email protected].