Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

Welcome to DatumOS. By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

Our Services Include:

• DatumOS web application (datumos.app)
• StudioDatum website (studiodatum.com)
• Mobile applications (iOS and Android)
• API services
• Related integrations and features

1.2 Who May Use Our Services

Eligibility:

• You must be at least 13 years old
• If under 18, you must have parental or guardian consent
• You must have the authority to enter into this agreement
• You must not be prohibited from using our services under applicable law

Business Use:

• If using on behalf of an organization, you represent that you have authority to bind that organization to these Terms

1.3 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via:

• Email notification
• In-app notice
• Updated "Last Updated" date

Your Continued Use:

• Continued use after changes constitutes acceptance
• If you disagree with changes, you must stop using our services and may delete your account

2. Description of Service

2.1 What DatumOS Does

DatumOS is an AI-powered construction data platform that provides:

AI Chat Interface:

• Conversational AI using Claude, GPT-4, and Gemini models
• Multi-turn conversations with context retention
• Artifact generation (code, documents, diagrams)

Data Integration:

• Autodesk Construction Cloud (ACC) integration
• Microsoft 365 integration
• Google Workspace integration
• File upload and storage

AI Tools:

• Construction project search
• BIM data querying
• Document search across connected platforms
• Calendar and email search
• Web research capabilities

Data Platform:

• Conversation history (90-day retention)
• Artifact storage and export
• File management
• Analytics and usage insights

2.2 Service Availability

Beta Status:

• DatumOS is currently in beta
• Features may change without notice
• We make no guarantees of uptime or availability during beta

Best Effort:

• We strive for 99.9% uptime but do not guarantee it
• Scheduled maintenance will be announced when possible
• Emergency maintenance may occur without notice

No Warranty:

• Services provided "as is" without warranties (see Section 11)

3. User Accounts and Registration

3.1 Account Creation

Required Information:

• Valid email address
• Name
• Password (managed by Clerk)

Optional Information:

• Company name
• Role/title
• Profile photo

3.2 Account Security

Your Responsibilities:

• Keep your password confidential
• Enable multi-factor authentication (recommended)
• Notify us immediately of unauthorized access: security@studiodatum.com
• You are responsible for all activity under your account

Our Responsibilities:

• Store passwords securely (hashed and encrypted)
• Provide MFA options
• Monitor for suspicious activity
• Notify you of security incidents per our Security Policy

3.3 Account Suspension and Termination

We May Suspend or Terminate Your Account If:

• You violate these Terms
• You engage in prohibited activities (Section 6)
• Your account is compromised
• Required by law or legal process
• You fail to pay fees (if applicable)
• You have been inactive for over 180 days

Notice:

• We will provide notice when possible (email to registered address)
• Immediate termination without notice for serious violations

Effect of Termination:

• Access to services immediately revoked
• Data retained for 30 days, then permanently deleted
• You may request data export before deletion
• No refunds for prepaid services (if applicable)

4. Acceptable Use Policy

4.1 Permitted Uses

You may use DatumOS for:

• Architecture, engineering, and construction (AEC) project work
• Business productivity and collaboration
• Research and analysis
• Professional and commercial purposes
• Educational purposes

4.2 Prohibited Uses

You May NOT Use DatumOS To:

Illegal Activities:

• Violate any applicable law or regulation
• Infringe intellectual property rights
• Engage in fraud, deception, or misrepresentation
• Distribute malware, viruses, or harmful code

Abuse and Harassment:

• Harass, threaten, or intimidate others
• Generate hateful, discriminatory, or offensive content
• Impersonate others or misrepresent affiliation

System Abuse:

• Attempt to gain unauthorized access to systems
• Interfere with or disrupt services
• Bypass rate limits or access controls
• Reverse engineer or decompile our software (except as permitted by law)
• Use automated scraping or data mining (except via official API)

Content Violations:

• Generate spam, phishing, or unsolicited messages
• Create or distribute child sexual abuse material (CSAM)
• Generate content for illegal purposes
• Violate third-party terms of service (e.g., Autodesk, Microsoft, Google)

AI Misuse:

• Use AI outputs to train competing AI models
• Generate content that violates AI provider terms (OpenAI, Anthropic, Google)
• Attempt to jailbreak or manipulate AI models
• Generate content for automated decision-making about individuals without human oversight

4.3 Content Moderation

We Reserve the Right To:

• Monitor usage for Terms violations (automated and manual)
• Remove content that violates these Terms
• Suspend or terminate accounts for violations
• Report illegal activity to law enforcement

We Do NOT:

• Actively monitor all conversations (privacy-first approach)
• Access your private conversations without cause
• Use your data to train AI models

5. Intellectual Property Rights

5.1 Our Intellectual Property

StudioDatum Owns:

• DatumOS platform, software, and codebase
• StudioDatum and DatumOS trademarks and branding
• UI/UX design, graphics, and visual elements
• Documentation, guides, and marketing materials
• Patents, trade secrets, and proprietary technology

Your License:

• We grant you a limited, non-exclusive, non-transferable, revocable license to use DatumOS
• License is for personal or internal business use only
• You may not sublicense, sell, or redistribute our software

5.2 Your Content and Data

You Own:

• Content you create (conversations, prompts)
• Artifacts generated by AI (subject to AI provider terms)
• Files you upload
• Data from your connected third-party accounts

License You Grant Us:

• You grant us a license to process your content to provide services
• This includes: storing, displaying, and processing via AI models
• We may use aggregated, anonymized data for service improvement
• We do NOT claim ownership of your content
• We do NOT use your content to train AI models (per our Privacy Policy)

AI-Generated Content:

• Ownership of AI outputs may be subject to AI provider terms
• You are responsible for ensuring AI outputs do not infringe third-party rights
• We do not guarantee originality of AI-generated content

5.3 Third-Party Content

Autodesk, Microsoft, Google Data:

• You retain all rights to your third-party data
• Access governed by respective third-party terms
• We are a data processor, not data controller, for third-party data
• You must comply with third-party terms when using integrations

User Feedback:

• Feedback, suggestions, and ideas you provide become our property
• We may use feedback without compensation or attribution
• Do not share confidential information in feedback

6. Prohibited Activities

In addition to Section 4, the following are strictly prohibited:

6.1 Account Misuse

• Creating multiple accounts to evade restrictions
• Sharing accounts with others (accounts are personal)
• Selling or transferring accounts
• Using stolen or fraudulent payment methods

6.2 Data Misuse

• Exfiltrating data from connected third-party accounts beyond your authorization
• Accessing others' data without permission
• Using integrations to violate third-party terms (e.g., Autodesk ACC, Microsoft Graph)
• Scraping or bulk downloading data without authorization

6.3 Commercial Misuse

• Reselling DatumOS services without authorization
• Using DatumOS to build competing services
• Offering DatumOS as a white-label service
• Excessive API usage beyond reasonable limits

6.4 Security Violations

• Probing for vulnerabilities (except via responsible disclosure program)
• Attempting to access other users' accounts or data
• Distributed denial-of-service (DDoS) attacks
• Social engineering or phishing targeting StudioDatum or users

7. Service Availability and Modifications

7.1 Service Changes

We May:

• Add, modify, or remove features at any time
• Change AI models or providers
• Update pricing (with notice)
• Discontinue services (with reasonable notice)

Beta Features:

• Features marked "beta" may be unstable or change frequently
• No guarantees of continued availability

7.2 Maintenance and Downtime

Scheduled Maintenance:

• Announced via email or in-app notice when possible
• Typically performed during off-peak hours

Emergency Maintenance:

• May occur without notice
• We will restore services as quickly as possible

No Liability:

• We are not liable for downtime or service interruptions (see Section 11)

7.3 Service Discontinuation

If we discontinue DatumOS:

• Minimum 90 days' notice (when possible)
• Data export tools provided
• Refunds for prepaid services (pro-rated)

8. Pricing and Payment

8.1 Current Pricing

Beta Access:

• DatumOS is currently free during beta
• No payment information required
• Subject to change upon general availability

8.2 Future Pricing

When We Introduce Pricing:

• Minimum 60 days' notice
• Existing users may receive grandfathered pricing
• Option to delete account if you disagree with pricing

Subscription Tiers (Planned):

• Free tier (limited features)
• Professional tier (paid monthly/annually)
• Enterprise tier (custom pricing)

8.3 Payment Terms (Future)

Billing:

• Charged monthly or annually in advance
• Automatic renewal unless canceled
• Accepted payment methods: credit card, debit card, other methods as offered

Taxes:

• Prices exclude applicable taxes (VAT, sales tax)
• You are responsible for all taxes

Refunds:

• No refunds for partial months
• Pro-rated refunds if we discontinue service
• Refunds at our discretion for service issues

Non-Payment:

• Account suspension for failed payments
• Account termination after 30 days of non-payment
• Collection fees may apply

9. Termination

9.1 Termination by You

You May Terminate Anytime:

• Via Settings → Delete Account
• Email request to: support@studiodatum.com
• Effective immediately upon confirmation

Effect of Termination:

• Access revoked immediately
• Data deleted within 30 days (see Privacy Policy)
• No refunds for prepaid services (if applicable)
• Export your data before deletion

9.2 Termination by Us

We May Terminate For:

• Terms violations (immediate termination)
• Non-payment (after 30-day grace period)
• Inactivity (after 180 days with notice)
• Legal compliance requirements
• Business reasons (with notice)

Effect of Termination:

• Same as Section 9.1
• May withhold refunds for violations

9.3 Survival

The following sections survive termination:

• Intellectual Property Rights (Section 5)
• Disclaimers (Section 11)
• Limitation of Liability (Section 12)
• Indemnification (Section 13)
• Governing Law (Section 14)

10. Data Export and Portability

10.1 Your Right to Export Data

You May Export:

• All conversations (Markdown format)
• All artifacts (source files)
• Uploaded files
• Account metadata (JSON)

How to Export:

• Settings → Data Export
• Email request: support@studiodatum.com
• Delivered within 30 days

10.2 Third-Party Data

Data from Integrations:

• Autodesk, Microsoft, Google data remains with those providers
• We do not retain copies after disconnection
• Export from original source (Autodesk ACC, Microsoft 365, Google Workspace)

11. Disclaimers and Warranties

11.1 NO WARRANTY

SERVICES PROVIDED "AS IS":

• No warranties, express or implied
• No warranty of merchantability or fitness for particular purpose
• No warranty of accuracy, reliability, or availability
• No warranty that services will meet your requirements

AI CONTENT:

• AI-generated content may be inaccurate, incomplete, or inappropriate
• You are responsible for verifying AI outputs
• We do not warrant the accuracy of AI responses or tool results

THIRD-PARTY INTEGRATIONS:

• No warranty for Autodesk, Microsoft, or Google services
• Integrations may break without notice
• We are not responsible for third-party service availability

11.2 BETA DISCLAIMER

BETA STATUS:

• DatumOS is in beta and under active development
• Expect bugs, errors, and service interruptions
• Features may change or be removed without notice
• Data loss may occur (maintain backups)

11.3 AI MODEL DISCLAIMER

AI LIMITATIONS:

• AI models may produce biased, incorrect, or harmful outputs
• Do not rely solely on AI for critical decisions
• Human review required for professional use
• AI hallucinations may occur (false information presented as fact)

MODEL CHANGES:

• We may change AI models without notice
• Different models produce different results
• No guarantee of consistency across model versions

12. Limitation of Liability

12.1 EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or goodwill
• Service interruptions or data loss
• Reliance on AI-generated content
• Third-party actions or content
• Unauthorized access to your account

EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 LIABILITY CAP

MAXIMUM LIABILITY:

• Our total liability is limited to the amount you paid us in the 12 months before the claim
• During beta (free service): Maximum liability is $100 USD

Exceptions:

• Gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Death or personal injury caused by our negligence
• Where prohibited by law

12.3 Third-Party Liability

WE ARE NOT LIABLE FOR:

• Autodesk, Microsoft, or Google service failures
• AI provider (OpenAI, Anthropic, Google) actions or outputs
• Data breaches at third-party providers
• Third-party terms violations

Seek Remedies From:

• Respective third-party providers
• See their terms of service and privacy policies

13. Indemnification

13.1 You Agree to Indemnify Us

You will defend, indemnify, and hold harmless StudioDatum, its officers, directors, employees, and agents from claims arising from:

• Your use of DatumOS
• Your content and data
• Your violation of these Terms
• Your violation of third-party rights (IP, privacy, etc.)
• Your violation of third-party terms (Autodesk, Microsoft, Google)
• Your negligence or willful misconduct

We Will:

• Notify you of claims promptly
• Provide reasonable cooperation
• Allow you to control defense (subject to our approval)

You Will:

• Pay all damages, costs, and attorney fees
• Not settle claims without our written consent

14. Governing Law and Dispute Resolution

14.1 Governing Law

Jurisdiction:

• These Terms governed by laws of the State of [California/Delaware], United States
• Excluding conflict of law provisions
• Federal law applies where applicable

Venue:

• Courts located in [County], [State]
• You consent to personal jurisdiction

14.2 Dispute Resolution

Informal Resolution (Required First Step):

• Contact us at legal@studiodatum.com
• Describe dispute and desired resolution
• We will attempt good-faith resolution within 30 days

Arbitration (If Informal Resolution Fails):

• Disputes resolved by binding arbitration
• Conducted by American Arbitration Association (AAA)
• AAA Commercial Arbitration Rules apply
• One arbitrator
• Location: [City, State] or virtual
• Language: English

Exceptions to Arbitration:

• Small claims court (under jurisdictional limit)
• Injunctive relief (for IP violations or security issues)
• Class actions (see below)

14.3 CLASS ACTION WAIVER

NO CLASS ACTIONS:

• You agree to bring claims individually, not as class actions
• No class arbitrations or representative actions
• If class action waiver is invalid, arbitration clause is void

Opt-Out:

• You may opt out within 30 days of accepting these Terms
• Email opt-out request to: legal@studiodatum.com
• Include name, email, and "Arbitration Opt-Out"

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Security Policy, constitute the entire agreement between you and StudioDatum.

15.2 Severability

If any provision is found unenforceable, remaining provisions remain in effect.

15.3 Waiver

Failure to enforce any provision is not a waiver of that provision.

15.4 Assignment

You May Not Assign:

• You may not transfer or assign your account or these Terms

We May Assign:

• We may assign these Terms in connection with a merger, acquisition, or sale of assets

15.5 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (natural disasters, war, terrorism, pandemics, strikes, internet outages, etc.).

15.6 Export Compliance

You agree to comply with all export laws and regulations. You may not use DatumOS in countries subject to U.S. embargo.

15.7 Government Users

If you are a U.S. government entity, DatumOS is "commercial computer software" under FAR 12.212 and DFARS 227.7202.

15.8 Contact for Legal Notices

Legal Notices: StudioDatum, Inc. Attn: Legal Department [Street Address] [City, State ZIP] United States

Email: legal@studiodatum.com

16. Third-Party Terms

By using DatumOS integrations, you agree to comply with:

Autodesk:

• Autodesk Terms of Use
• Autodesk API Terms
• Autodesk Construction Cloud Terms

Microsoft:

• Microsoft Services Agreement
• Microsoft API Terms

Google:

• Google Terms of Service
• Google API Terms

AI Providers:

• OpenAI Terms
• Anthropic Terms
• Google AI Terms

Your Responsibility:

• Comply with all third-party terms
• We are not responsible for third-party terms violations
• Violations may result in termination

17. Beta Testing Agreement

17.1 Beta Tester Responsibilities

As a beta tester, you agree to:

• Provide feedback when possible (optional)
• Report bugs and issues (optional but appreciated)
• Not publicly disclose unreleased features (no NDA, but good practice)
• Expect instability and changes

17.2 No Guarantee of Continued Access

• Beta may end at any time
• Features may be removed
• We may limit beta access
• Transition to paid service may occur

18. Contact Information

18.1 Support

Email: support@studiodatum.com Response Time: 1-3 business days

18.2 Legal

Email: legal@studiodatum.com For: Terms questions, legal notices, disputes

18.3 Security

Email: security@studiodatum.com For: Security vulnerabilities, responsible disclosure

See: Security Policy

Revision History

How to view changes:

1. Click commit link to see specific change
2. Click "View diff" to compare versions
3. All changes tracked in GitHub repository

Summary

What You Agree To:

• Use DatumOS lawfully and comply with these Terms
• Not abuse the service or violate acceptable use policy
• Respect intellectual property rights
• Accept services "as is" without warranties

What We Provide:

• Access to DatumOS platform (currently free during beta)
• AI-powered construction data search and chat
• Integrations with Autodesk, Microsoft, Google
• Best-effort availability and support

What We Don't Guarantee:

• 100% uptime or availability
• AI accuracy or reliability
• Feature stability during beta
• Continued free access after beta

Your Rights:

• Own your content and data
• Export your data anytime
• Delete your account anytime
• Privacy protections per our Privacy Policy

Our Rights:

• Modify or discontinue services (with notice)
• Suspend or terminate accounts for violations
• Change pricing (with notice)
• Update these Terms (with notice)

Questions? Contact legal@studiodatum.com

Last Updated: December 11, 2025 Effective Date: December 11, 2025 Version: 1.0.0

These Terms of Service were drafted with care, but are not a substitute for legal counsel. StudioDatum recommends having these reviewed by a qualified attorney before publication.