PolyData

Terms of Service

Last updated: August 1, 2025

1. Acceptance of Terms

By accessing or using Polydata, Inc. ("Platform," "Service," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Our Platform is a subscription marketplace that connects data creators ("Creators") with subscribers ("Subscribers"). Creators offer applications and data services through paid subscriptions facilitated by our Platform.

3. User Accounts and Eligibility

  • • You must be at least 18 years old to use this Service
  • • You must provide accurate and complete information when creating an account
  • • You are responsible for maintaining the confidentiality of your account credentials
  • • You are solely responsible for all activities under your account
  • • We reserve the right to suspend or terminate accounts at our sole discretion

4. Subscription Terms

4.1 Billing and Payment

  • • Subscriptions automatically renew on a recurring basis (monthly or annually as selected)
  • • You authorize us to charge your designated payment method for all applicable fees
  • • All fees are non-refundable unless otherwise stated in these Terms
  • • We reserve the right to change pricing within a 30 day notice
  • • You are responsible for all taxes applicable to your use of the Service

4.2 Cancellation

  • • You may cancel your subscription at any time through your account settings
  • • Cancellations take effect at the end of your current billing period
  • • You will continue to have access to paid content until the end of your billing period
  • • No refunds will be provided for partial billing periods

4.3 Failed Payments

  • • If payment fails, we may suspend your access immediately
  • • We may retry failed payments and charge applicable fees
  • • Accounts with failed payments may be terminated after 7 days

5. Creator and Subscriber Responsibilities

5.1 Creator Obligations

  • • Creators are solely responsible for all content, data, and services they provide
  • • Creators must comply with all applicable laws and regulations
  • • Creators represent and warrant that they have all necessary rights, licenses, and permissions for any data or content they upload or provide
  • • Creators guarantee that all data is legally obtained and does not violate any third-party rights, including but not limited to copyright, trademark, trade secret, privacy, publicity, or data protection rights
  • • Creators must have proper authorization to collect, use, and distribute any personal data or proprietary information
  • • Creators are responsible for compliance with all data protection laws (including GDPR, CCPA, etc.) for any personal data they handle
  • • Creators are responsible for their own tax obligations
  • • Platform takes no responsibility for Creator content, data legality, or service delivery
  • • Creators must immediately notify Platform of any known or suspected legal issues with their data

5.2 Subscriber Obligations

  • • Subscribers contract directly with Creators for services
  • • All disputes regarding Creator services must be resolved between Subscriber and Creator
  • • Platform is not responsible for Creator service quality, availability, or content

6. Prohibited Uses

You may not:

  • • Use the Service for any illegal or unauthorized purpose
  • • Violate any laws or regulations
  • • Upload, transmit, or distribute any illegally obtained data or content
  • • Infringe on intellectual property rights, including copyright, trademark, or trade secrets
  • • Violate privacy rights or data protection laws
  • • Upload data obtained without proper authorization or consent
  • • Transmit viruses, malware, or harmful code
  • • Attempt to gain unauthorized access to the Service
  • • Use the Service to harass, abuse, or harm others
  • • Create multiple accounts to evade suspensions or restrictions
  • • Upload any content that you do not have the legal right to use, distribute, or sublicense

7. Intellectual Property

  • • All Platform content and technology is owned by us or our licensors
  • • You retain ownership of content you upload, but grant us broad license to use it
  • • Creator content is owned by respective Creators
  • • You may not copy, modify, or distribute Platform content without permission

8. Privacy and Data

  • • Your use of the Service is subject to our Privacy Policy
  • • We collect and process personal data as described in our Privacy Policy
  • • You consent to our data practices as outlined in our Privacy Policy

9. Disclaimers and Limitations

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Responsibility for Creator Data or Content

  • • Polydata Inc. does not monitor, verify, or validate the legality of Creator data or content
  • • We make no representations about the accuracy, legality, or source of any Creator data
  • • We are not responsible for any illegally obtained data uploaded by Creators
  • • We do not guarantee that Creator data complies with applicable laws or third-party rights
  • • Users access Creator data at their own risk
  • • We reserve the right to remove content or suspend accounts based on suspected legal violations, but have no obligation to do so

9.3 No Guarantee of Service

  • • We do not guarantee continuous, uninterrupted access to the Service
  • • We are not responsible for Creator content, services, or availability
  • • Technical issues, maintenance, or other factors may affect Service availability

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Polydata Inc., its officers, directors, employees, and agents from any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:

  • • Your use of the Service
  • • Your violation of these Terms
  • • Your violation of any rights of another party
  • • Your content, data, or conduct on the Platform
  • • Any data or content you upload, transmit, or make available through the Service
  • • Any violation of intellectual property rights, privacy rights, or data protection laws related to your use of the Service
  • • Any claims that data or content you provided was illegally obtained or violates third-party rights
  • • Any regulatory violations or legal actions related to your data collection, processing, or distribution practices

For Creators specifically: You further agree to indemnify Polydata Inc. for any claims arising from subscriber use of your data or services, including but not limited to claims of data theft, privacy violations, copyright infringement, or unauthorized data collection.

11. Termination

  • • We may terminate or suspend your access immediately, without notice, for any reason
  • • Upon termination, your right to use the Service ceases immediately
  • • Sections relating to payment obligations, indemnification, disclaimers, and limitations of liability survive termination

12. International Use

  • • The Service is controlled from California
  • • We make no representation that the Service is appropriate for use in all locations
  • • Users accessing the Service from other jurisdictions do so at their own risk
  • • You are responsible for compliance with local laws

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

13.2 Mandatory Arbitration

All disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in State of California. You waive your right to a jury trial and class action participation.

13.3 Exception

Either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service.

14.2 Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

14.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

14.4 Assignment

We may assign these Terms at any time. You may not assign your rights without our written consent.

14.5 Updates to Terms

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting. Continued use constitutes acceptance of modified Terms.

15. Contact Information

For questions about these Terms, contact us at:

Email: terms@polydata.co

IMPORTANT LEGAL NOTICE: These Terms contain binding arbitration and class action waiver provisions that affect your legal rights. Please read carefully.