DataDome
Terms of use

1. ACCEPTANCE OF TERMS

1. 1. 1. DataDome (“DataDome”, “we”, “us” or “our”) provides access to and use of this website, including https://datadome.co, https://app.datadome.co and any other websites that we may publish and manage, our proprietary bot and agent trust management platform, the dashboard, the vulnerability scan, documentation, any software made available such as software development kits and application programming interfaces, our advertisements, and other products and services (collectively, the “Services”) subject to the terms and conditions in these Terms of Use (the “Terms of Use”). DataDome may, in its sole discretion, update these Terms of Use at any time. You can access and review the most-current version of these Terms of Use at the URL for this page or by clicking on the “Terms of Use” link within the Services or as otherwise made available by DataDome. Unless otherwise indicated, such changes shall become effective immediately. It is your responsibility to review these Terms of Use periodically for changes. Your continued use of the Services following the posting or other provision of any updated Terms of Use shall constitute your acceptance of such updated terms and such updated Terms of Use shall apply to your use of the Services going forward. Your use of the Services is subject to the Terms of Use in effect at the time of your use.  
      2. PLEASE REVIEW THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REQUIRE BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS TO RESOLVE ANY DISPUTE OR CLAIM ARISING FROM OR RELATING THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY, OR INTERPRETATION OF THESE TERMS OF USE (EACH, A “CLAIM”). YOU AGREE THAT ANY CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, ARBITRATION, OR OTHER SIMILAR PROCESS UNLESS YOU OPT OUT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED IN SECTION 14(e). PLEASE REVIEW SECTION 14 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
      3. BY ACCESSING OR USING OUR SERVICES, CREATING AN ACCOUNT, CHOOSING TO SUBMIT PERSONAL DATA TO US THROUGH OUR SERVICES, OR CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE”, “SIGN UP”, “JOIN NOW” (OR SOMETHING SIMILAR), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.
      4. You represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and of legal age to form a binding contract or (ii) at least 16 years of age and have obtained the consent of your parent or guardian to access and use the Services and be bound by these Terms of Use. You further represent and warrant that you are not a person barred from accessing or using the Services under the laws of your country of residence or any other applicable jurisdiction.

2. PRIVACY POLICY

Our Privacy Policy (https://datadome.co/privacy-policy/) explains how we collect, store, share, or otherwise use any personally identifiable information you provide to us (“Personal Data”). DataDome’s use of Personal Data shall be in accordance with the Privacy Policy, and you hereby grant us the right to use all Personal Data you provide to us consistent with the Privacy Policy. 

3. OTHER AGREEMENTS AND TERMS

1. 1. 1. In addition to these Terms of Use and the Privacy Policy, your access to and use of the Services are further subject to any usage or other policies relating to the Services posted or otherwise made available to you by DataDome from time to time, including any purchase, subscription, or other similar terms posted within the Services.
      2. Certain of the Services are available only to our customers (our “Clients”) who have entered into a separate agreement with us, one of our affiliates, or a reseller of the Services (a “Client Agreement”, and such Services, the “Subscription Services”). If you are accessing or using the Services on behalf of a Client, you are a “Client User” and the terms and conditions of the applicable Client Agreement apply to your access to and use of the Services. If there is a conflict between these Terms of Use and the terms and conditions of the Client Agreement, the terms and conditions of the Client Agreement govern with respect to your use of the Services.

4. REGISTRATION AND ACCOUNT

1. 1. 1. Some features of the Services may not be accessible unless you register for an account (an “Account’). In registering for an Account, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Services during registration (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or DataDome reasonably suspects that you have done so, DataDome may suspend or terminate your Account.
      2. You may not share your Account or password with anyone. You are responsible for maintaining the confidentiality of your Account and password. You are fully responsible for all activities that occur under your Account, whether you authorized the particular use or not, and regardless of your knowledge of such use. Upon becoming aware of any unauthorized access to or use of your Account or password or any other similar breach of security, you shall promptly notify DataDome.

5. OWNERSHIP AND GRANT OF RIGHTS

1. 1. 1. The Services and DataDome IP
         1. Subject to your compliance with these Terms of Use, DataDome hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, limited, revocable right to access and use the Services solely for your personal, non-commercial purposes, including evaluating whether you wish to enter into an agreement with DataDome to access and use the Subscription Services as part of the operation of your business. DataDome may, in its sole discretion, modify or discontinue your access to any Services provided for evaluation purposes. If you are a Client User, you may access and use the Services only for your employer’s internal business purposes described in the applicable Client Agreement.
         2. As between DataDome and you, DataDome owns and shall retain all right, title, and interest (including all intellectual property rights) in the Services, all information, data, databases, text, software, images, videos, and other materials available through the Services, and all improvements, enhancements, or modifications to any of the foregoing (the “DataDome IP”). The Services are protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws and treaties. DataDome reserves all rights not expressly granted to you. 
      2. Your Data and Responsibilities. 
         1. You acknowledge and agree that you alone are responsible for the accuracy, quality, integrity, reliability, and suitability of all data, personal data (as defined by applicable law), documents, content, and other information you provide or make available for use with the Services (“Your Data”). You own and shall retain all right, title, and interest in Your Data.  
         2. You hereby grant to DataDome and its affiliates a limited, revocable, worldwide license to use Your Data solely (1) for the purpose of performing DataDome’s obligations under these Terms of Use and (2) to provide, analyze, support, develop, and improve DataDome’s and its affiliates’ products and services; provided that, with respect to clause (2), DataDome shall use Your Data only in an aggregated form such that it is not reasonably possible to identify you within Your Data without the use of additional information (such data in such form, “Aggregated Data”) and DataDome shall not attempt to reidentify the Aggregated Data. 

6. RESTRICTIONS

You shall not use the Services other than as expressly permitted by these Terms of Use. Without limitation of the foregoing, you shall not, and shall not permit or authorize any party, directly or indirectly, to:  (a) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights to the Services; (b) reverse engineer, disassemble, decompile, or translate, or otherwise attempt to derive the source code, architectural framework, or data records of any software within or associated with, the Services; (c) remove or obscure any proprietary notice that appears within the Services; (d) access or use the Services for the benefit of a competitor of DataDome or any of its affiliates or for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services or any other products or services offered by DataDome or any of its affiliates; (e) rent, lease, lend, sell, or sublicense the Services or otherwise provide access to the Services as part of a service bureau or similar fee-for-service purpose; (f) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; (g) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (h) frame or utilize any framing technique to enclose the Services or any portion of the Services; (i) use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to access the Services, or substantially download, reproduce, or archive any portion of the Services; (j) sell, share, transfer, trade, loan, or exploit for any commercial purpose any portion of the Services, including your user Account or password; (k) violate any applicable local, state, provincial, federal, international, or other law or regulation; (l) bypass any security measures DataDome may use to prevent or restrict access to the Services; (m) provide access to the Subscription Services to any individual other than the authorized user of your Account; (n) gain unauthorized access to or use of the Services or DataDome’s systems; (o) transmit any viruses, worms, defects, Trojan horses, or any programming of a destructive nature through the Services; or (p) use any API other than the DataDome API to access the Subscription Services. You shall promptly notify DataDome of any unauthorized use, disclosure, reproduction, or distribution of any DataDome IP which comes to your attention or which you reasonably suspect. The rights granted to you herein are for personal, non­commercial purposes only. If you wish to use the Subscription Services in the operation of your business, you must enter into a Client Agreement with DataDome or one of its affiliates or resellers on DataDome’s standard terms and conditions. 

7. SUGGESTIONS

You and your employees and representatives may, but have no obligation to, provide input to us, including comments or suggestions regarding the possible creation, modification, correction, improvement, or enhancement of the Services, other DataDome products, or the technology marketplace in general (“Suggestions”). All Suggestions shall be considered confidential information. You hereby grant DataDome and our affiliates an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), transferable right and license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, and have made Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

8. MODIFICATIONS TO THE SERVICES

DataDome may modify, suspend, or discontinue the Services, with or without notice, in its sole discretion, and DataDome shall not be liable to you or to any third party for any such modification, suspension, or discontinuance. 

9. INDEMNIFICATION

DataDome shall have no liability for and you shall indemnify and hold DataDome and its affiliates, business partners, licensors, and its and their respective officers, directors, employees, agents, and representatives harmless from and against any claim, demand, loss, damage, cost, liability, and expense, including reasonable attorneys’ fees, arising from or relating to: (a) any data or other content you upload to the Services or otherwise provide to DataDome; (b) your violation of these Terms of Use, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your access to or use or misuse of the Services. You shall cooperate fully as reasonably required in the defense of any such claim.

10. DISCLAIMER OF WARRANTIES

1. 1. 1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATADOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
      2. DATADOME MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES SHALL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES SHALL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

11. LIMITATION OF LIABILITY

1. 1. 1. TO THE FULLEST EXTENT PERMITTED BY LAW, DATADOME SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING FROM OR RELATING TO ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, INCLUDING LOSS, ERROR, OR INTERRUPTION OF USE OR DATA, OR LOSS OF BUSINESS, REVENUES OR PROFITS, EVEN IF DATADOME HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR (ii) ANY PRODUCTS OR SERVICES NOT PROVIDED BY DATADOME. WITHOUT LIMITATION OF THE FOREGOING, YOU ASSUME ALL RISK OF LIABILITY RELATED TO YOUR USE OR MISUSE OF THE SERVICES, INCLUDING ANY LOSS OR INJURY ARISING OUT OF, OR CAUSED IN WHOLE OR IN PART BY, YOUR ACTS AND OMISSIONS IN RELATION TO YOUR USE OF THE SERVICES OR THESE TERMS OF USE. IN NO EVENT SHALL DATADOME’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). 
      2. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. TERMINATION

1. 1. 1. DataDome may suspend or terminate your Account or your use of the Services at any time, for any reason or for no reason at all. You may terminate these Terms of Use at any time by discontinuing your use of the Services. You may delete your Account, either directly in the Services  or through a request made to DataDome, but you shall no longer be able to use the Services. If you are a Client User and your employer’s subscription to the Services terminates, your right to access and use such Services automatically terminates on the same date. 
      2. Upon termination of these Terms of Use for any reason: (i) you must immediately cease accessing or using the Services; (ii) DataDome may, but is not obligated to delete your Account and all data associated with it; (iii) any provision that, by its terms, is intended to survive the termination of these Terms of Use shall survive such termination; and (iv) all rights granted to you under these Terms of Use immediately terminate, but all other provisions shall survive. 

13. GOVERNING LAW

These Terms of Use shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of New York, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Use.

14. BINDING ARBITRATION AND CLASS ACTION WAIVER

1. 1. 1. Mandatory Individual Arbitration. Any Claim, whether arising before, during, or after the time you enter into these Terms of Use, and if not resolved through the informal dispute resolution procedure outlined below, shall be exclusively resolved by individual, binding arbitration in accordance with this Section 14 (the “Arbitration Agreement”). The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claim, including any asserting that all or any part of the Arbitration Agreement is void or voidable. The arbitrator shall be responsible for determining all threshold arbitrability issues, including any relating to whether these Terms of Use or Arbitration Agreement is unconscionable or illusory and any defense to arbitration, such as waiver, delay, laches, or estoppel.
      2. Class Action/Jury Waiver. You acknowledge and agree that you and DataDome are each waiving the right to a trial by jury and participation as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding with respect to any Claim. Unless you and DataDome agree otherwise in writing, any arbitration with respect to any Claim shall be conducted only on an individual basis and not in a class, collective, consolidated, or representative action or proceeding. If any court or arbitrator of competent jurisdiction determines that this Class Action/Jury Waiver is void or unenforceable with respect to any Claim and the Claim proceeds as a class, collective, consolidated, or representative action or proceeding, then the entirety of the Arbitration Agreement shall be deemed null and void with respect to such Claim, and you and DataDome shall be deemed not to have agreed to arbitrate such Claim.
      3. Rules and Procedures for Arbitration. 
         1. Initiating Claim. To initiate a Claim, a party shall send the other party written notice stating the party’s name, address, and contact information, the facts giving rise to the Claim, and the relief requested (“Claim Notice”). Each party shall send any Claim Notice to the other party in accordance with Section 19.
         2. Informal Negotiation. As used herein, “Informal Negotiation Period” means, with respect to each Claim, the period between the date a party receives the applicable Claim Notice and 30 days after such date. You and DataDome shall attempt to resolve the Claim through informal negotiation during the Informal Negotiation Period. After the conclusion of the Informal Negotiation Period and not before, you or DataDome may commence an arbitration proceeding as set forth in the Arbitration Agreement.
         3. Arbitration Proceeding. You and DataDome acknowledge and agree that any Claim that remains unresolved after the conclusion of the applicable Informal Negotiation Period shall be resolved only through final and binding individual arbitration (rather than in court) conducted by the American Arbitration Association (“AAA”) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”), except in each case to the extent modified by the Arbitration Agreement. Payment of all filing, administration, and arbitrator fees shall be governed by the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules. A form for initiating arbitration proceedings through AAA is available at www.adr.org. If AAA refuses to enforce the Arbitration Agreement or otherwise refuses to administer any Claim between you and DataDome, you and DataDome shall submit the Claim for arbitration by another nationally-recognized arbitration services provider under its then-applicable rules that are comparable to the AAA Rules. The arbitration shall be conducted by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, such hearing shall be conducted in New York County, New York, or, if the Consumer Arbitration Rules apply, another location as determined by the arbitrator to be reasonably convenient to both parties with due consideration of the positions of the parties; relative ability of the parties to travel; and factors such as the location of witnesses and documents, relative costs, and the location of any prior court proceedings, among other factors presented by the parties. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. The parties acknowledge and agree that the Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of the Arbitration Agreement.
         4. Protocol for Mass Filings. As used herein, “Mass Filing” means 25 or more similar arbitration demands presented pursuant to the Arbitration Agreement where representation of all claimants is consistent or coordinated across the cases, including by or with the assistance, coordination, or cooperation of the same law firm or group of law firms, regardless of whether such demands are filed simultaneously. For the avoidance of doubt, you and DataDome acknowledge and agree that the AAA Mass Arbitration Supplementary Rules shall apply to any Mass Filing, except to the extent modified by the Arbitration Agreement. AAA shall randomly select a first batch of 25 arbitration demands from the Mass Filing for arbitration (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, all other arbitration demands that are part of the Mass Filing shall be held in abeyance and stayed. Upon the conclusion of all Bellwether Arbitrations, AAA shall randomly select another batch of 25 arbitration demands from the Mass Filing for arbitration. While this second batch of arbitration demands is adjudicated, all other arbitration demands that are part of the Mass Filing shall be held in abeyance and stayed. Upon the conclusion of all arbitrations from the second batch, AAA shall randomly select another batch of 25 arbitration demands from the Mass Filing for arbitration and repeat the protocol set forth in this Section 14(c)(iv) until all arbitration demands from the Mass Filing have been adjudicated. Any statute of limitations applicable to any arbitration demand that is held in abeyance and stayed in accordance with this Section 14(c)(iv) shall be tolled for such arbitration demand while it is so held in abeyance and stayed.
      4. Changes to Arbitration Agreement. If DataDome changes the terms of the Arbitration Agreement after the date you first accepted these Terms of Use (or accepted any subsequent update to these Terms of Use), you may reject any such change to the terms of the Arbitration Agreement by providing DataDome with written notice of rejection within 30 days after the date the changes to the Arbitration Agreement became effective (“Rejection Notice”). To be effective, the Rejection Notice must: (i) include your full name, address, and signature; (ii) clearly indicate your intent to reject changes to the Arbitration Agreement; and (iii) be sent to DataDome in accordance with Section 19. If you reject changes to the Arbitration Agreement, you shall nevertheless be bound to the version of the Arbitration Agreement that was last accepted by you.
      5. Opt-out Procedure. You can choose to opt out of the Arbitration Agreement by sending DataDome a written opt-out notice (“Opt-Out Notice”) within thirty 30 days following the date you first agree to these Terms of Use. To be effective, the Opt-Out Notice must: (i) include your name, address, and signature; (ii) clearly indicate your intent to opt out of the Arbitration Agreement; and (iii) be sent to DataDome in accordance with Section 19. If you opt out of the Arbitration Agreement, you shall nevertheless be bound by all other parts of these Terms of Use. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with DataDome.
      6. Survival of Arbitration Agreement. The Arbitration Agreement shall survive the expiration or termination of these Terms of Use and your relationship with DataDome.

15. FORUM FOR DISPUTES

1. 1. 1. Small Claims Court. Notwithstanding anything to the contrary, including the Arbitration Agreement, you and DataDome may assert a Claim in small claims court instead of in arbitration as required by the Arbitration Agreement, but only if: (i) the Claim qualifies for adjudication by the small claims court under the rules for the court; and (ii) the Claim remains in small claims court and advances only on an individual basis and not as part of any class, collective, consolidated, or representative action or proceeding.
      2. Injunctive and Other Equitable Relief. Notwithstanding anything to the contrary, including the Arbitration Agreement, you and DataDome each retains the right to seek injunctive relief and other equitable remedies from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of confidential information, copyrights, trademarks, trade secrets, patents, or other intellectual property rights, whether in aid of, pending, or independently of the resolution of any Claim pursuant to the Arbitration Agreement.
      3. Court Action. Subject to Section 15(a) and Section 15(b), if for any reason a Claim proceeds in court rather than in arbitration pursuant to the Arbitration Agreement, you and DataDome each waives any right to a jury trial and agrees that the Claim shall be brought only in the United States District Court for the Southern District of New York (if federal jurisdiction applies) or a state court of competent jurisdiction in New York County, New York (if federal jurisdiction does not apply). You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens, or any similar grounds with respect to any such Claim.

16. LEGAL COMPLIANCE

1. 1. 1. The Services may be subject to United States export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the United States Department of State.
      2. You represent and warrant that you are not: (i) located in a country that is subject to a United States Government embargo or sanctions or designated by the United States Government as a “terrorist supporting” country; and (ii) listed on any United States Government list of prohibited or restricted parties, including the Specially Designated Nationals List. You further represent and warrant that you shall access and use the Services in compliance with all applicable laws and regulations, including all such laws and regulations relating to EAR, OFAC and ITAR.

17. NO THIRD-PARTY BENEFICIARIES

You acknowledge and agree that there are no third-party beneficiaries to these Terms of Use. 

18. CALIFORNIA USERS AND RESIDENTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at (800) 952-5210, or as otherwise set forth at https://www.dca.ca.gov/about_us/contactus.shtml (or a successful URL).

19. NOTICE

Except as expressly provided otherwise in this Agreement, notices given under this Agreement shall be in writing and personally delivered by hand, sent via an internationally-recognized courier service, mailed by first-class certified mail (return receipt requested), or sent via email to the address for each party set forth below (“Notice”). Notices shall be deemed to have been given: (a) if personally delivered by hand, when delivered (with written confirmation of delivery); (b) if sent via an internationally-recognized courier service or by first-class certified mail (return receipt requested), when delivered (as shown in the records of the courier or postal service, as applicable); or (c) if sent via email, on the date such email is transmitted, provided that any notice sent by email after 5:00 p.m. local time for the recipient shall be deemed received on the next business day. DataDome’s contact information for Notices is 76 Greene Street, 4th Floor, New York, New York 10012, Attention: DataDome Legal and legal@datadome.co. Notices to you will be sent to the contact information DataDome has on file. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy.

20. GENERAL PROVISIONS

These Terms of Use constitute the entire agreement between you and DataDome concerning your access to and use of the Services and supersede all prior and contemporaneous oral or written negotiations and agreements between you and DataDome with respect to such subject matter. These Terms of Use may not be amended by you except in a writing executed by you and an authorized representative of DataDome. For the purposes of these Terms of Use, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under these Terms of Use without the prior written consent of DataDome. Any assignment or purported assignment in violation of the foregoing is null and void. DataDome may assign or delegate any of its rights or obligations under these Terms of Use without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use. No waiver or modification of these Terms of Use shall be valid unless in a formal writing signed by an officer of each party. The failure of DataDome to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms of Use. Any prevention of or delay in performance by DataDome hereunder due to any act of god, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental entity, epidemic, pandemic, public health crisis, destruction of production facilities, insurrection or any other cause beyond DataDome’s reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay. These Terms of Use shall be fairly interpreted in accordance with their terms and conditions without any strict construction in favor of or against either of the parties. The language of these Terms of Use is English and the English version shall be used to interpret these Terms of Use; any version provided in another language is provided as a courtesy.

21. CONTACT INFORMATION

The Service is provided by DataDome Solutions, Inc. located at 76 Greene Street, 4th Floor, New York, New York 10012. You may contact us by sending correspondence to that address or through other means on the Contact Us page (https://datadome.co/contact/).