Terms of Service

These Terms of Service (the “Terms”) govern your purchase and use of data and analytics services provided by DATOS, a DBA of Iconic Marketing LLC, a Utah limited liability company (“DATOS,” “we,” “us,” or “our”). By checking the acceptance box, completing payment, or otherwise accessing or using our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you are accepting on behalf of a company or other entity, you represent that you have authority to bind that entity, and “Client” refers to that entity.

If you do not agree to these Terms, do not check the box, complete payment, or use the services.

1. Scope of Services

DATOS provides data intelligence and analytics products and services as described in the applicable order, checkout page, subscription plan, or scope of work you select at purchase (the “Services”). This may include the supply of data, audience segments, visitor identification, analytics outputs, and related deliverables.

DATOS supplies data and data-driven insights only. We do not provide legal, compliance, or marketing advice, and we do not control, direct, manage, or execute how you use any data or deliverables after they are made available to you. Any outreach, advertising, messaging, or other activity you conduct using the Services is performed solely by you and at your sole direction.

2. Data Use and Client Responsibility

You are solely and exclusively responsible for how you use any data, deliverables, or outputs provided through the Services. DATOS supplies the data; you control its use. You bear full responsibility for ensuring that your use complies with all applicable laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA) and all rules governing calls and SMS/text messaging;
• The CAN-SPAM Act and all rules governing commercial email;
• The National Do Not Call Registry and all federal and state do-not-call requirements;
• All applicable federal, state, and local privacy, data protection, and consumer protection laws.

You represent and warrant that you have, and will maintain, all necessary consents, permissions, licenses, and a valid legal basis for your intended use of the data, and that you will scrub, suppress, and honor all opt-out, do-not-call, and consent requirements applicable to your activity. You are responsible for determining whether your intended use is lawful before you use the data.

3. Limitation of Liability and Indemnification

3.1 Limitation of Liability

To the maximum extent permitted by law, DATOS and Iconic Marketing LLC, and their members, officers, employees, and agents, will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages. DATOS is not liable for your use or misuse of any data or deliverables. In all cases, the total aggregate liability of DATOS arising out of or relating to the Services or these Terms will not exceed the total fees you paid to DATOS in the one (1) month immediately preceding the event giving rise to the claim.

3.2 Indemnification

You agree to defend, indemnify, and hold harmless DATOS and Iconic Marketing LLC, and their members, officers, employees, and agents, from and against any and all claims, demands, actions, investigations, fines, penalties, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the data, deliverables, or Services; (b) any outreach, advertising, or messaging you conduct; (c) your violation of any law or regulation, including those listed in Section 2; or (d) your breach of these Terms.

4. Term, Auto-Renewal, and Cancellation

Your subscription begins on the date you complete payment (the “Effective Date”). If your plan includes a pilot or introductory term (“Pilot”), the Services will run for that Pilot period and then automatically renew on a month-to-month basis until cancelled. If your plan has no Pilot, the Services renew automatically on a month-to-month basis from the Effective Date until cancelled.

Each renewal term will automatically bill to your payment method on file. To cancel, you must provide written notice to DATOS at least thirty (30) days before the start of the next billing cycle. Cancellation takes effect at the end of the then-current paid month. You remain responsible for all fees through the end of that month.

5. Fees and No Refunds

You agree to pay the fees for the plan you select at checkout, billed in advance for each subscription term to the payment method you provide. By subscribing, you authorize DATOS and its payment processor to charge that payment method on a recurring basis until you cancel in accordance with Section 4.

All fees are non-refundable. Once a payment is made, it is final. No refunds or credits will be issued for partial periods, unused Services, or cancellation, except where required by law.

6. Security and Privacy

The DATOS platform is built on and operates through SOC 2 compliant infrastructure provided by our underlying technology partner. DATOS aligns its own internal data handling practices with SOC 2 principles and maintains reasonable administrative, technical, and physical safeguards designed to protect data. DATOS does not represent that it (or Iconic Marketing LLC) independently holds a SOC 2 certification. You remain responsible for the security and lawful handling of any data once it is delivered to you.

7. Confidentiality

Each party may have access to non-public information of the other party. Both parties agree to keep such information confidential, to use it only as needed to perform under these Terms, and to protect it with reasonable care. This obligation does not apply to information that is publicly available, already known, independently developed, or required to be disclosed by law.

8. Intellectual Property

DATOS retains all right, title, and interest in and to its data, databases, methods, processes, software, platform, and all related intellectual property, including any improvements or derivatives. These Terms grant you a limited, non-exclusive, non-transferable right to use the deliverables for your internal business purposes only. You acquire no ownership rights in the DATOS platform or underlying data.

9. Warranty Disclaimer

The Services and all data and deliverables are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, or statutory. DATOS disclaims all implied warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. DATOS does not warrant that the data will be error-free, complete, current, or suitable for any particular use.

10. Termination for Breach

DATOS may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay fees when due, or use the data in a manner that DATOS reasonably believes is unlawful or exposes DATOS to liability. Upon termination, your right to use the Services and deliverables ends, and fees already paid remain non-refundable. Sections that by their nature should survive termination (including Sections 2, 3, 5, 7, 8, 9, 11, and 12) will survive.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Utah, and both parties consent to the personal jurisdiction and venue of those courts.

12. General

These Terms, together with the order or checkout details for your selected plan, are the entire agreement between you and DATOS regarding the Services and supersede any prior understandings. If any provision is found unenforceable, the remaining provisions stay in effect. DATOS’s failure to enforce any right is not a waiver of that right. DATOS may update these Terms; your continued use of the Services after an update constitutes acceptance of the revised Terms. You may not assign these Terms without DATOS’s written consent; DATOS may assign freely.

By checking the acceptance box at checkout, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.