Last Updated / Effective Date: July 27, 2026
Datababy, Inc. (“Datababy”, “we”, or “us”) provides behavioral assessment tools, coaching features, learning experiences, and related software through our website and applications (collectively, the “Services”), including our website at datababy.io and related pages (the “Site”).
These Terms of Service (“Terms”) govern your access to and use of the Services. They incorporate by reference Datababy's Privacy Policy. Your use of the Services is contingent upon your acceptance of and compliance with these Terms. If you do not agree with these Terms, do not use the Services. Each time you access or use the Services, the then-current versions of these Terms and the Privacy Policy apply.
We may change these Terms from time to time. If we do so, we will post the updated Terms on our Site and indicate when they were last revised. Unless we state otherwise, changes are effective immediately upon posting. You should periodically review these Terms and our Privacy Policy.
BY USING THE SERVICES, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES RELATED TO THE SERVICES AND THESE TERMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU ARE WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, OR OTHER MASS PROCEEDING. YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION.
For purposes of these Terms:
If you use the Services both personally and on behalf of an organization, these Terms apply to you in both capacities, and you represent that you have authority to bind that organization where you act on its behalf.
If you or your organization has a separate written Master Service Agreement, order form, data processing agreement, or similar contract with Datababy (a “Customer Agreement”), that Customer Agreement governs to the extent of any conflict with these Terms for the paid or enterprise Services covered by that agreement. These Terms continue to apply to website use, individual accounts, and any Users who access the Services without a Customer Agreement.
Subject to these Terms (and any applicable Customer Agreement), we grant you a limited, non-exclusive, non-transferable right to access and use the Services for personal or internal business purposes. You are responsible for Internet and communication charges needed to use the Services. You must be at least the age of majority in your place of residence to create an account or use the Services on your own behalf, except as described in the Minors section below.
We collect certain Personal Information from and about you, including when you use the Services or communicate with us. Please see our Privacy Policy for information on how we collect, use, retain, and disclose Personal Information, including AI-related processing and your privacy choices. Account settings also provide options related to data requests, marketing preferences, and AI/simulation features where available.
Datababy and its licensors are the sole and exclusive owners of the Services. The Services include the Datababy domain, the content of the Services (including text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, product names, documentation, and other components and content), and the design, selection, and arrangement of content on the Services.
The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or related intellectual property rights belonging to Datababy or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Unless otherwise noted, Datababy and the Datababy graphics, logos, icons, and service marks are trademarks, registered trademarks, or trade dress of Datababy. Datababy trademarks may not be used without our express written consent and must not be used in a manner that disparages Datababy, causes confusion, or suggests sponsorship of products or services not provided by Datababy.
Customer retains all right, title, and interest in and to Customer Data.
Datababy retains all right, title, and interest in and to the Services, including the software, assessment methodologies, polarity frameworks, behavioral intelligence models, scoring methodologies, algorithms, artificial intelligence systems, report templates, visualizations, documentation, training materials, databases, benchmarks, user interfaces, and all related intellectual property, together with any improvements, modifications, enhancements, or derivative works thereof.
Nothing in these Terms transfers ownership of Datababy's intellectual property to Customer or any Participant. Customer receives a limited, non-exclusive, non-transferable license to access and use the Services during the applicable subscription or access term solely for its internal business purposes and subject to these Terms and any applicable Customer Agreement.
Assessment reports generated through the Services may be viewed, downloaded, and internally shared by Customer as permitted by the Services. Customer owns the information contained within its reports to the extent derived from Customer Data, while Datababy retains ownership of the report formats, layouts, methodologies, scoring systems, visualizations, analytical models, and all underlying intellectual property used to generate those reports.
Customer grants Datababy a worldwide, non-exclusive, royalty-free license to use Customer Data solely to provide, maintain, secure, support, and improve the Services. Datababy may also create, use, retain, analyze, and publish aggregated, anonymized, or de-identified information derived from Customer Data for benchmarking, statistical analysis, research, validation of assessment methodologies, development of artificial intelligence features, product development, and other business purposes, provided that such information does not identify Customer, any Participant, or any other individual.
Except as expressly permitted herein, access to the Services does not grant any ownership interest or license in Datababy's intellectual property.
To use many features of the Services, you will be asked to create an account and provide an email address and password (or authenticate through a supported third-party login). Until you create an account, your access may be limited to what is available to the general public or via invitation links. When registering, you must provide true, accurate, current, and complete information and keep that information updated.
You shall: (a) notify Datababy immediately of any unauthorized use of your credentials or any other known security breach; (b) report to Datababy immediately and use reasonable efforts to stop any unauthorized use of the Services known or suspected by you; and (c) not provide false identity information to gain access to or use the Services. You are solely responsible for all use (whether or not authorized) of the Services under your account(s). We will not be liable for any loss or damage arising from unauthorized use of your account.
Customers may create or manage groups, surveys, workshops, courses, and related workspaces. Administrators designated by a Customer may access Participant information associated with that workspace, which may include assessment results, polarity and behavioral insights, course or workshop progress, membership status, notes entered by Administrators, and AI-assisted coaching features used by Administrators in connection with members.
If you are a Participant invited or added by a Customer or Administrator, you acknowledge that Customer and its Administrators may access and use information about your participation as permitted by the Services, these Terms, the Privacy Policy, and any applicable Customer Agreement or Customer policies.
Customers and Administrators are responsible for managing membership, roles, and offboarding. If you are removed from a group or workspace, you may lose access to that Customer's workspace content, while your personal account and any data retained under Datababy's retention practices may continue subject to the Privacy Policy and applicable law. Removal from a Customer workspace does not automatically delete all peer assessment data previously submitted about you or by you where that data remains part of historical results.
The Services may allow Participants to provide feedback about themselves and others. Assessment and peer-feedback data may be visible to the relevant Customer, Administrators, and other Users as configured for that survey, group, workshop, or feature.
Datababy provides tools for development, coaching, and organizational insight. Datababy does not make employment, hiring, promotion, compensation, disciplinary, admission, or similar decisions about Participants. Customers are solely responsible for how they use assessment outputs, including compliance with employment, education, and other applicable laws, and for informing Participants about Customer policies governing assessment use.
The Services may include optional artificial intelligence (“AI”) features that generate insights, recommendations, simulations, roleplay, coaching suggestions, or similar outputs based on profile, polarity, relationship, assessment, and related data. AI features may process data through third-party large language model providers solely to deliver the requested feature.
AI outputs are interpretive and probabilistic. They are not guarantees, factual determinations, or professional advice. You should not rely on AI outputs as the sole basis for medical, psychological, legal, financial, employment, or other significant decisions.
Where required by the feature or applicable law, Datababy may require consent before enabling certain AI or simulation features. You may be able to disable or opt out of AI features through account settings. Datababy does not use your Personal Information to train or improve general-purpose AI models. Additional details are in our Privacy Policy.
If an Administrator uses AI features in connection with Participant or member data, Customer and the Administrator are responsible for ensuring that such use is lawful and consistent with Customer policies and any notices given to Participants.
Insights, reports, recommendations, coaching suggestions, learning content, and related outputs provided through the Services are for informational and developmental purposes only. They are not a substitute for professional legal, medical, psychological, clinical, or business advice.
Datababy is not a healthcare provider. Our content and analytics do not constitute or replace mental health treatment, diagnosis, or medical advice. If you are experiencing distress or a mental health emergency, seek help from a licensed professional or appropriate emergency services.
Feedback and suggestions are intended to support personal, team, and organizational development based on self- and peer-generated data and behavioral models. All decisions and actions remain the responsibility of the User or Customer. We do not guarantee specific outcomes.
We may offer beta, preview, lab, or experimental features. Those features are provided as-is, may contain bugs or inaccuracies, may change or be discontinued at any time, and may be subject to additional terms disclosed in the product. Your use of experimental features is at your own risk.
Certain Services are offered for a fee, including subscriptions, one-time purchases (such as surveys or coaching sessions), and custom enterprise arrangements. Prices, features, and limits are described at the time of purchase or in a Customer Agreement. Payment processing may be handled by third-party processors (such as Stripe).
Subscriptions renew automatically at the then-current rate unless canceled before the renewal date through your account billing settings or by contacting us. You authorize us (and our payment processors) to charge your selected payment method for applicable fees and taxes. Unless required by law or expressly stated at purchase or in a Customer Agreement, fees are non-refundable. Promo, trial, or complimentary access may convert to paid access as disclosed when the offer is made.
Enterprise and custom engagements are billed according to the applicable Customer Agreement or order form.
When you use the Services, you are responsible for complying with all applicable laws, rules, and regulations, and with the Acceptable Use Policy in these Terms.
You will not:
You may be able to post reviews, comments, photographs, profile content, public-profile materials, chat messages, or other materials (collectively, “User Generated Content”) in connection with the Services or through linked social channels. You grant Datababy the right to use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of your User Generated Content as permitted by these Terms and the Privacy Policy.
By submitting User Generated Content, you represent that you own or have all rights needed to submit it and that you will comply with the Acceptable Use Policy. Public profiles and guest-accessible features may make certain content visible to people without accounts.
User Generated Content represents the views of the user who posted it and may not represent the views of Datababy. We do not endorse User Generated Content, cannot confirm its accuracy, and are not liable for actions you take based on it.
As between Datababy and Customer, Customer is solely responsible for: (a) informing Participants and other data subjects of relevant Customer policies and practices; (b) obtaining rights, permissions, or consents required for the lawful collection and use of Customer Data and operation of the Services; (c) ensuring that the transfer and processing of Customer Data under Customer's instructions is lawful; and (d) responding to and resolving disputes with Participants or other data subjects relating to Customer Data, Customer's use of the Services, or Customer's failure to fulfill these obligations.
If you submit comments, ideas, or suggestions (“Feedback”) regarding the Services, they will not be treated as confidential. We may use Feedback without attribution or compensation. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute Feedback in any manner, including to develop and improve our products and services.
The Services are not directed to children under 13, and we do not knowingly collect Personal Information from children under 13. Users under 18 may use the Services only with verifiable consent of a parent or legal guardian, or through a Customer program (such as a school, team, or athletic organization) that is responsible for obtaining any required parental or guardian consents and for complying with applicable youth-privacy and education laws. If we learn we have collected Personal Information from a child without required consent, we will take steps to delete it as described in our Privacy Policy.
Datababy may access accounts and related data as reasonably necessary to provide support, maintain and secure the Services, investigate abuse or security issues, comply with law, or enforce these Terms. Where Datababy personnel access an account for support or troubleshooting, such access is intended to be limited to the purpose of the support or investigation.
Datababy will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Datababy's copyright agent the information below. This procedure is for notifying Datababy of claimed infringement; Datababy does not make legal decisions about the validity of your claim.
If we receive a clear and valid notice, we will respond by removing or disabling access to the allegedly infringing content where appropriate. Under the DMCA, we will take reasonable steps to notify the user who posted the content (“Alleged Infringer”), who may send a counter-notification. Notices and counter-notices are legal notices; we may share them as required by law or as reasonably necessary to process the claim. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA.
A DMCA notice must:
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Datababy expressly disclaims all express or implied warranties of any kind with respect to the Services, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, course of dealing, or usage in trade.
Datababy does not warrant that the Services will meet your needs, be compatible with your requirements, be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components. Your use of the Services is at your own risk.
Datababy makes commercially reasonable efforts to provide accurate information, but expressly disclaims, and you waive, liability arising from errors and omissions on the Services, including inaccuracies or misstatements. No advice or information obtained from Datababy or through the Services creates any warranty.
You understand and agree that any liability of Datababy, its employees, officers, directors, agents, service providers, or professional advisors (“Agents”) to you in connection with these Terms, under any cause of action or theory, is strictly limited, in the aggregate, to the fees paid by you (or by the Customer associated with your use, if you are using the Services under that Customer's account) to Datababy for the Services during the twelve (12) months preceding the claim. If you have paid no fees, Datababy's aggregate liability will not exceed one hundred U.S. dollars (US $100).
Without limiting the previous sentence, in no event shall we or any of our Agents be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with these Terms, including without limitation loss of use, loss of data, loss of goodwill, cost of substitute services, damages from malware, or content available on or through the Services or third-party sites.
The above limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our Agents have been advised of the possibility of such damages.
Except as prohibited by applicable law, you agree to indemnify, defend, and hold harmless Datababy and our Agents from and against all claims, demands, complaints, allegations, or actions (“Claims”) and to pay any losses, liabilities, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys' fees) arising out of or related to: (a) your access to, use of, or misuse of the Services or User Generated Content; (b) your violation of applicable laws; (c) your submission of User Generated Content; (d) your misuse of another person's Personal Information; (e) your infringement or misappropriation of Datababy or any third party's intellectual property rights; (f) if you are a Customer or Administrator, your use of Participant data or assessment/AI outputs; or (g) your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you (subject to your continuing indemnification).
Some jurisdictions do not allow indemnification provisions in consumer agreements; thus, these provisions may not apply to you.
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) product liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). Provisions excluding or limiting certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property to the extent restricted by New Jersey law. Datababy reserves all rights, defenses, and permissible limitations under New Jersey law and the laws of your state of residence.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SERVICES, USER GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH DATABABY, WHETHER IN CONTRACT, TORT, OR OTHERWISE (“DISPUTE”), EXCEPT THE FOLLOWING:
EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.
By entering into this Arbitration Agreement, each of us is giving up certain rights, including the right to file a lawsuit or have a jury trial, and the right to pursue class actions, class arbitration, mass arbitration, or collective or representative claims.
Either party may attempt to resolve a Dispute through good-faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, including name, address, email address, phone number, and a description of the relief sought (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration as described below.
Any Dispute that cannot be resolved through good-faith negotiations must be pursued through binding arbitration on an individual basis (the “Arbitration Agreement”). A single arbitrator will administer the arbitration. Either you or Datababy may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). Instructions are available by calling AAA at 1-800-778-7897 or at www.adr.org.
The arbitrator shall decide all Disputes and related issues, excluding: (a) issues expressly reserved for a court in these Terms; (b) issues relating to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver, or dispute-resolution provisions; (c) arbitrability issues; (d) whether a Dispute is barred by the statute of limitations or a contractual provision; (e) issues related to the scope, application, and enforceability of the waiver provisions reserved for a court; or (f) whether filing of a demand for arbitration was authorized by a party.
The arbitrator's decision will be final and binding and will not have precedential effect. The arbitrator shall not have authority to award damages outside those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will bear arbitration costs in accordance with the AAA Rules. An arbitration proceeding may not be consolidated or joined with any other proceeding, except as provided in the Mass Arbitrations section.
This Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs its interpretation, enforcement, and proceedings. The parties agree that actions taken under the Arbitration Agreement, including filings, orders, judgments, and awards, are confidential and may not be disclosed to third parties except as required by law or to enforce an award. This Arbitration Agreement survives termination of these Terms.
If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief, are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree: (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand included in a Mass Filing shall only be due after that demand is included in a batch properly designated for filing, processing, and adjudication; (vi) that the staged batching process shall continue until each demand is adjudicated or otherwise resolved; and (vii) to make good-faith efforts to resolve each batch within 180 days, failing which any party may cease arbitration and file in a court of competent jurisdiction.
Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. If the parties cannot agree on a batching process, AAA shall appoint a procedural arbitrator. This batching provision shall not increase the number of demands necessary to trigger AAA's Mass Arbitration Supplementary Rules or authorize class arbitration of any kind.
Datababy does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except for the batching process described above. If the batching provision is found invalid, unenforceable, or illegal, then the batch proceedings section shall be null and void, and neither party shall be entitled to arbitrate any claim that is part of the Mass Filing.
After the first batch in a Mass Filing, the results will be given to an AAA mediator selected from a group of five mediators initially proposed by AAA. Datababy and counsel for the remaining claimants may each strike one mediator and then rank the remaining mediators, with the highest collectively ranked mediator selected. The selected mediator will attempt to resolve the Mass Filing. The parties will then have 90 days (the “Mediation Period”) to agree on a resolution or methodology for resolving outstanding demands. If unresolved, either we or any remaining claimant may opt out of arbitration and proceed in court by written notice within 60 days after the Mediation Period. Absent opt-out, arbitrations continue under the batching process.
If you wish to opt out of this Arbitration Agreement, you must notify us within 30 days of the first date you visit or use the Site or Services after these Terms are posted (or after you first create an account, if later). Send a letter stating “Request to Opt-Out of Agreement to Arbitrate” to:
If you opt out of this Arbitration Agreement, all other parts of these Terms still apply. This opt-out does not apply to the class action waiver.
If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we may terminate your account and you must stop using the Services.
IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS, AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
Delaware law applies to any arbitration under this Arbitration Agreement to the extent state law is not preempted, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.
Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the State of Delaware without regard to its conflict of laws principles. Except for disputes subject to arbitration, the exclusive venue for any other dispute arising under these Terms is the state or federal courts located in the State of Delaware, and you expressly agree to those courts' personal jurisdiction. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.
Links to third-party websites or services from the Site are provided for convenience. Datababy has not reviewed each third-party site, does not endorse them, and is not responsible for their content or practices. Your use of third-party services (including payment, authentication, email, analytics, or AI providers) may be subject to those providers' terms and privacy policies.
Datababy will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Services. You waive and hold Datababy and our Agents harmless for cooperation with, or disclosure of your information to, law enforcement relating to your suspected violation of applicable laws, to the extent permitted by law.
The Services or your account may be unavailable or limited for various reasons. We shall not be liable for such unavailability, including without limitation: (a) hardware, software, server, network, or telecommunications failures; (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, and labor shortages; (c) regulatory restrictions and other acts of government; (d) interruptions due to utility and power companies; and (e) interruptions due to hacking or other malicious intrusion.
You consent to receive communications from us electronically via the email address associated with your account or via the Services, and agree that all Terms, agreements, notices, disclosures, and other communications we provide electronically satisfy any legal writing requirement. Communications made through email or the Services do not constitute legal notice to Datababy. All legal notices hereunder shall be in writing and delivered to:
The Services are controlled, operated, and administered by Datababy from offices within the United States. We make no representation that the Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you are responsible for compliance with local laws.
If you do not understand any of these Terms or have questions or comments, contact Datababy at: