Terms of Service

These Terms of Service ("Terms") govern access to and use of the DatumKeep platform and website at datumkeep.com (the "Service"), operated by José María González Gómez, established in Spain ("DatumKeep", "we", "us"). By creating an account or using the Service, you agree to these Terms on behalf of yourself and, where applicable, the organization you represent ("Customer", "you").

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

1. The Service

DatumKeep is a business-to-business software platform that helps manufacturing quality teams capture, structure, search, and reuse root cause analysis (RCA) knowledge, including AI-assisted analysis, scoring, and retrieval features. The Service is intended for professional use by businesses only, not for consumers.

We may update, improve, or modify features of the Service over time. Where a change materially reduces core functionality you have paid for, we will notify you in advance where reasonably possible.

2. Accounts and Access

You must provide accurate registration information and keep your credentials confidential. You are responsible for all activity under your account. You must notify us promptly of any unauthorized use. Access may be limited to the number of users, workspaces, or tiers specified in your applicable plan, order form, or pilot agreement.

3. Customer Data

"Customer Data" means any content you upload to or generate within the Service, including incident reports, 8D reports, RCA records, master data, and documents.

• You own your data. As between the parties, Customer retains all rights, title, and interest in Customer Data.
• License to us. You grant DatumKeep a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and support the Service.
• Your responsibilities. You are responsible for the accuracy and lawfulness of Customer Data, for having the necessary rights to upload it, and for ensuring it does not include personal data beyond what is necessary for the Service. Do not upload special categories of personal data (e.g., health data) or data you are not authorized to share.
• Data protection. Processing of personal data within Customer Data is governed by our Data Processing Agreement (available on request at contact@datumkeep.com) and our Privacy Policy.

4. AI-Generated Output

The Service uses artificial intelligence, including large language models provided by third parties, to generate analyses, suggestions, scores, classifications, and other output ("Output").

• Output is provided as decision support for qualified professionals. It may contain errors, omissions, or inaccuracies.
• Output does not constitute engineering, safety, legal, or regulatory advice. You remain solely responsible for reviewing, validating, and approving any Output before relying on it, in particular for decisions affecting product safety, quality releases, regulatory compliance, or corrective actions.
• Subject to third-party provider terms and applicable law, and as between the parties, you may use Output generated from your Customer Data for your internal business purposes.

5. Acceptable Use

You will not: (a) use the Service to violate any law or third-party rights; (b) upload malicious code or attempt to probe, breach, or circumvent security or tenant isolation measures; (c) reverse engineer, copy, or create derivative works of the Service, its scoring methodologies, or its underlying prompts and orchestration logic, except as permitted by mandatory law; (d) resell or provide the Service to third parties without our written agreement; (e) use the Service to build a competing product; or (f) use automated means to extract data from the Service outside its intended interfaces.

6. Intellectual Property

The Service, including its software, architecture, scoring methodologies, orchestration logic, designs, and documentation, is and remains the exclusive property of DatumKeep and its licensors. No rights are granted except as expressly stated in these Terms. Feedback you provide about the Service may be used by us without restriction or obligation.

7. Third-Party Services

The Service relies on third-party infrastructure and AI providers (see our Privacy Policy for the current list of subprocessors). We are not responsible for third-party services beyond our obligations under applicable law and our agreements with you. Your use of the Service must also comply with restrictions that our AI providers impose on end use, which we will reflect in the Service where applicable.

8. Fees and Payment

Fees, billing cycles, payment methods, taxes, late payment, and refund terms are set out in the applicable order form or pilot agreement at the time of purchase. During any free pilot or evaluation period, the Service is provided without charge and "as is" for evaluation purposes.

9. Confidentiality

Each party will protect the other party's non-public information disclosed in connection with the Service with at least reasonable care, use it only to perform under these Terms, and not disclose it to third parties except to personnel and subprocessors bound by confidentiality obligations, or where required by law.

10. Warranties and Disclaimers

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms or agreed in writing, the Service and all Output are provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy of Output, or uninterrupted or error-free operation, to the maximum extent permitted by law.

11. Limitation of Liability

To the maximum extent permitted by applicable law: (a) neither party is liable for indirect or consequential damages, loss of profits, loss of data, or business interruption; and (b) DatumKeep's total aggregate liability arising out of or related to the Service is limited to the amounts paid by Customer for the Service in the twelve (12) months preceding the event giving rise to the claim, or €5,000 if no fees were paid (for example, during a free pilot or evaluation period).

Nothing in these Terms limits liability for intent (opzet) or deliberate recklessness (bewuste roekeloosheid), or any liability that cannot be limited under applicable law.

12. Term, Suspension, and Termination

These Terms apply for as long as you use the Service or as set out in an applicable order form. We may suspend access in case of material breach, security risk, or non-payment, with notice where reasonably possible. Either party may terminate for material breach not cured within thirty (30) days of written notice.

Upon termination, your account is kept read-only for thirty (30) days and Customer Data is then fully deleted, as set out in the DPA, except where retention is required by law.

13. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide reasonable advance notice (e.g., by email or in-app notice). Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Spain, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. Disputes will be submitted to the competent courts of Spain, without prejudice to mandatory law.

15. Contact

José María González Gómez
Spain
Email: contact@datumkeep.com