Datrace Terms of Service

1. Scope and acceptance

These Datrace Terms of Service (the “Terms”) govern your use of the Datrace website, console, MCP endpoints, OAuth connections, access tokens, data outputs and documentation (the “Services”). These Terms and the Datrace Privacy Policy form your agreement with Datrace. This agreement is referred to below as the “Agreement”.

By checking the agreement box during OAuth authorization, accessing the Platform Services, or using a manual token, you agree to these Terms. If you use the Platform Services for an organization, you represent that you are authorized to bind that organization.

Datrace is referred to as “Company”, “we”, “us” or “our” in these Terms. The Platform Services form part of the Services defined above.

2. Datrace account

The Platform Services use your Datrace account. You must provide accurate account information, protect your credentials, and promptly notify Datrace of suspected unauthorized access. You are responsible for activity performed through your account, OAuth connections, and manual tokens unless applicable law provides otherwise. You must be at least 18 years old and have the authority to enter into this agreement.

3. OAuth connections and manual tokens

When you approve an OAuth request, you authorize the identified AI client or other third-party application to access the displayed Datrace MCP permissions and use your available Credits. Review the client name, redirect host, requested scope, and resource before approving access.

Third-party clients are operated by their respective providers. You are responsible for choosing trusted clients and for their configuration, security, and use of Platform outputs. You can revoke an OAuth connection or delete a manual token from the Platform console. Revocation stops future access but does not require a third party to delete data it previously received.

Manual tokens are intended for scripts and unattended use. Keep them confidential, grant them only to systems you control, and rotate or delete them if they may have been exposed.

4. Permitted use

Subject to these Terms, Datrace grants you a limited, non-exclusive, non-transferable, and revocable right to use the Platform Services for your internal business or analytical purposes during the applicable service period.

5. Prohibited use

You must comply with applicable laws, third-party client terms, and published Platform documentation. You may not:

• sell, sublicense, publish, or commercially redistribute raw Platform data or access to the Platform Services unless Datrace has authorized it in writing;
• share credentials or tokens with unauthorized persons, bypass connection or Credit limits, or evade technical controls;
• use the Platform Services to build or enrich an unlawful surveillance, discriminatory, deceptive, or rights-infringing product;
• probe, disrupt, overload, reverse engineer, scrape, or access the Platform Services through undocumented means;
• misrepresent Platform outputs as guaranteed, complete, real-time, or endorsed by Amazon or a third-party AI client; or
• use the Platform Services in a way that violates Amazon policies, a third party's rights, or the Agreement.

6. Data and privacy

Datrace processes account, authorization, technical, and MCP usage data as described in the Datrace Privacy Policy. You authorize the processing necessary to provide, secure, support, meter, and improve the Platform Services.

Datrace does not use your MCP prompts, conversations, or Platform usage data to train AI models. You remain responsible for ensuring that information you submit through a third-party client may lawfully be processed and that you do not include credentials, sensitive personal information, or data you are not authorized to use.

7. Platform outputs

Platform outputs are estimates and analytical information derived from available sources and methods. They may be delayed, incomplete, or inaccurate and are not legal, tax, investment, or professional advice. You are responsible for reviewing outputs and deciding how to use them.

8. Third-party services

The Platform Services may interoperate with Amazon services, AI clients, browsers, and other third-party products. Datrace does not control those services and is not responsible for their availability, security, terms, or handling of data after you send Platform outputs to them. References to third parties do not imply affiliation or endorsement.

9. Suspension and termination

Datrace may restrict or suspend access when reasonably necessary to protect users or the Platform Services, investigate suspected abuse or security incidents, comply with law, address non-payment, or enforce the Agreement. You may stop using the Platform Services and revoke connections at any time. Provisions that by their nature should survive termination will survive.

10. Disclaimers and liability

The Services and related information are provided “as is” and “as available”. To the maximum extent permitted by applicable law, Datrace disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement, and does not warrant uninterrupted or error-free operation.

To the extent permitted by law, Datrace is not liable for indirect, incidental, special or consequential damages, or loss of profits, resulting from use of the Services. Nothing in these Terms excludes or limits liability or consumer rights that cannot lawfully be excluded or limited.

11. Changes, language, and contact

Datrace may update these Terms to reflect changes to the Platform Services, law, security practices, or business requirements. The updated version will identify its effective date, and material changes will be notified as required by applicable law.

The English version is the controlling version. Translations are provided for reference. Questions about these Terms may be sent to support@datrace.com.

12. Subscriptions, payments and refunds

Datrace is currently offered as a free beta. The following payment provisions apply only if you expressly purchase a paid subscription when one is offered. Free access does not itself authorize a charge. Available Credits, usage limits and any applicable prices are shown with the relevant plan.

You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly), and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date by using the subscription cancellation self-serve functionality, or by requesting cancellation through customer support chat widget.

Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods.

You agree to pay Company any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify. You authorize and direct us to retain information about the payment method(s) associated with your account.

You must keep all billing information, including payment method, up-to-date. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account, or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.

If you contact our Customer Support department within 7 days of your original Subscription, you are eligible for our Money Back Guarantee. To receive your money back, you must contact our Customer Support team at support@datrace.com no later than 7 days following your original subscription and ask for a refund. Any contacts made after that 7 day period will not be eligible for our Money Back Guarantee. Only your first purchase is subject to the Money Back Guarantee; renewal orders are not eligible for the Money Back Guarantee under any circumstances.

13. Third-party authorization and submitted data

Where an available feature requires access to a third-party account, you must own that account or have authority to grant access. You authorize only the access needed for the selected integration. Third-party account access is not required merely because you browse public Amazon data through Datrace.

You retain your rights in data you lawfully submit. You grant Company a non-exclusive license to use, copy, process and display that data as necessary to provide the requested features, subject to the Privacy Policy and the restrictions on personal information, customer data and AI training in these Terms. You must hold the necessary rights, consents and permissions and must not submit data that infringes privacy or intellectual property rights. Customer data you submit is referred to as “Your Customer Data”; references to “Client” in this section mean you or your organization.

Except as otherwise set forth herein, Company will only collect and process Your Customer Data in order to provide the features and functionalities of the Services. In no event will Company sell Your Customer Data or use it for marketing or promotional purposes. All collection, use, and processing of Your Customer Data shall comply with all applicable laws, rules and regulations. Company shall implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Your Customer Data provided that you acknowledge that no security measures involving transmission of information on the Internet are perfect. Company shall maintain security incident management policies and procedures and shall, to the extent permitted by law, promptly notify you in the event of any unauthorized access to or disclosure of Your Customer Data. Company shall make reasonable efforts to identify and remediate the cause of such actual or reasonably suspected security breach.

Notwithstanding the foregoing, you agree that Company is free to use and disclose Your Customer Data in aggregated, anonymous form for the purposes of general statistical analysis, improvement of its services, and to create reports, evaluations, benchmarking tests, studies, analyses and other work product related to the foregoing; however, Company shall not distribute any such aggregated data in a manner that identifies any of Client’s customers or is otherwise identifiable as originating from Client without Client’s prior, written consent.

Without limiting the foregoing, you expressly represent and warrant that all Your Customer Data was collected by you in accordance with your privacy policy, applicable Third Party Platform policies and all applicable laws.

14. Public content and feedback

If you choose to submit public content through a feature that permits it, you are responsible for that content and for any personal information you make public. You must own it or hold all permissions required to publish it; it must not be unlawful, infringing, defamatory, abusive or misleading. We may remove violating content and suspend associated access. We do not endorse user content or guarantee its accuracy.

Feedback, ideas and suggestions voluntarily submitted to Company, excluding personal information and customer data protected by the Privacy Policy, may be used to improve and develop the Services without compensation. To that end, you grant Company a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable license to use, reproduce, adapt and distribute such feedback. To the extent permitted by law, you waive moral rights in that feedback. This provision does not transfer ownership of your private MCP conversations or customer data.

15. Intellectual property

Company and its licensors retain all rights in the Services, software, website design, documentation, text, images, logos, trademarks, data compilations and other materials they provide, except for rights you retain in your own submitted data. The Services are protected by copyright, trademark and other intellectual property laws. Access to the Services does not transfer ownership or grant rights beyond the limited license in these Terms.

You must not copy, modify, distribute, sell, sublicense or exploit protected materials except as expressly permitted. You must not remove proprietary notices, impersonate another person, upload malicious code, interfere with other users, send unsolicited commercial messages, or attempt unauthorized access to accounts or systems. Any reverse-engineering restriction is subject to rights that applicable law does not permit us to restrict.

16. Liability cap and indemnification

IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICES TO YOU AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.

These exclusions, limitations and indemnities apply only to the extent permitted by applicable law and do not override rights or liabilities that cannot lawfully be excluded.

17. Force majeure and service changes

We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.

We may modify or discontinue features. Material changes will be communicated where required by law. You may stop using the Services and cancel a subscription before renewal. Termination ends your right to access the Services but does not erase accrued payment obligations or provisions intended to survive, including ownership, lawful data handling, disclaimers and dispute resolution.

18. Arbitration and class action waiver

THIS ARBITRATION SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. This arbitration section governs disputes between you and us, unless you opt-out (as described below), or unless contrary to applicable law.

Informal Process First. You agree that in the event of any dispute between you and the Company, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

Arbitration Election. You agree that all disputes between you and us (including disputes involving a third party), such as disputes related to this Agreement or the Services and threshold questions of the arbitrability of the dispute, may, in our discretion, be resolved by binding, individual arbitration before JAMS. You hereby expressly waive trial by jury. If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained in this arbitration section is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Arbitration Procedure. The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply to any arbitration between you and us (the “JAMS Rules”). The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under this Agreement will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to this Agreement, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. This Provision governs in the event it conflicts with the applicable arbitration rules. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.

Small-claims Alternative. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. You agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

Opting Out. You may opt out of this agreement to arbitrate. To opt out, you must notify us in writing within 30 days of the date that you first register to use the Services or agreeing to this Agreement. Otherwise, you will be bound to arbitrate disputes in accordance with this Agreement. You must use this address to opt out and must include your account’s name, physical and email addresses, and a clear statement that you want to opt out of this arbitration agreement:

Datrace Attn: Privacy Policy Officer UNIT 616, 6/F KAM TEEM IND BLDG 135 CONNAUGHT RD WEST SAI WAN HK

19. Governing law, assignment and general provisions

The laws of the State of California, without regard to conflicts of law principles thereof, will apply to all matters related to the Services and this Agreement, except that the arbitration provision above will be governed by the US Federal Arbitration Act. The parties submit to the exclusive legal jurisdiction and venues of the Courts of Los Angeles County, California.

You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void. If Company transfers its business, the successor must assume the relevant obligations under these Terms. Any transfer of personal information remains subject to the Privacy Policy and applicable law.

This is the entire agreement between you and Company with regard to the matters described herein and govern your use of the Services, superseding any prior agreements between you and Company with respect thereto. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Services must be filed within six (6) months after such claim or cause of action arose or be forever barred.

These provisions apply subject to mandatory applicable law. Nothing here removes any non-waivable consumer protection or statutory limitation period. You are responsible for compliance with applicable local and export laws when accessing the Services.

20. Contact information

Questions, notices and complaints may be sent to Datrace, Attn: Privacy Policy Officer, UNIT 616, 6/F KAM TEEM IND BLDG 135 CONNAUGHT RD WEST SAI WAN HK. Email: support@datrace.com.