Terms of Service

Last Updated: February 10, 2025

These Terms of Service (“Terms”) govern your use of The Data Co.’s (“TDC,” “we,” “us,” or “our”) business intelligence and analytics platform, as well as any related services we provide (collectively, the “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, you should not use the Services.

1. Our Services

TDC provides advanced data analytics and business intelligence solutions designed specifically for Management Services Organizations (MSO). Our platform consolidates and analyzes data from multiple clinics, offering near real-time insights to improve operational efficiency, financial performance, and strategic decision-making. We integrate with leading EMR systems to provide a single, unified view of key business metrics.

Our Services include secure data aggregation, customizable reporting, interactive dashboards, and automated data processing to help MedSpa executives make data-driven decisions. We continuously improve and update our platform to ensure it meets the evolving needs of multi-location MedSpa operators. While we strive for high availability and accuracy, we do not guarantee uninterrupted service or error-free operation.

2. Account Registration and Security

To use certain features of the Services, you may need to create an account. When registering, you must provide accurate and complete information. You are responsible for maintaining the security of your account credentials and ensuring that only authorized personnel access your account. If you suspect unauthorized access or any security breach, you must notify us immediately. We are not responsible for any loss or damage resulting from unauthorized use of your account.

3. Data Ownership and Security

You retain ownership of all business data you provide to TDC. By using our Services, you grant us a limited license to process and analyze your data solely for the purpose of delivering analytics and insights to you. We do not sell, share, or otherwise disclose your data to third parties except as outlined in our Privacy Policy.

TDC may generate anonymized and aggregated data derived from the information provided by our customers. This aggregated data is stripped of identifying details and used solely to enhance our analytics models, improve our Services, and generate industry benchmarks. TDC retains ownership of any such anonymized and aggregated data.

We take data security seriously and implement industry-standard measures to protect your information. While we strive to keep your data secure, no system is completely immune to security threats. You acknowledge that you are responsible for maintaining appropriate security measures within your organization to protect access to your data. For details on how we handle data privacy and security, please refer to our Privacy Policy.

4. Acceptable Use

You agree to use the Services only for lawful business purposes. You must not attempt to reverse-engineer, modify, copy, or resell our software, nor may you interfere with or disrupt our platform. You may not use our Services to access or distribute unauthorized or harmful content. If we determine that your use of the Services violates these Terms, we may suspend or terminate your access.

5. Proprietary Rights

Copyrights

All content, software, algorithms, reports, and data visualization tools provided through the Services are protected by copyright laws and remain the exclusive property of TDC. You may not copy, reproduce, distribute, or create derivative works from any content or software associated with our platform without prior written permission from TDC.

Trademarks

All trademarks, service marks, logos, and branding associated with TDC are our exclusive property. You may not use our trademarks without prior written consent. Any unauthorized use of our branding may result in legal action.

Your Information

You retain all rights to the business data you submit through the Services. TDC does not claim ownership of your data. However, by using the Services, you grant us a non-exclusive, limited license to process and analyze your data to provide insights and reporting. You are responsible for ensuring that your data is accurate and that you have the necessary rights to share it with us.

Anonymized and Aggregated Data

TDC may create anonymized and aggregated data sets derived from customer-provided data. This data is used to improve our analytics capabilities, benchmark industry trends, and enhance the overall performance of our platform. TDC retains all rights to any anonymized and aggregated data generated through our Services.

6. Payment and Subscription Terms

If you subscribe to a paid plan, you agree to the pricing, payment terms, and billing cycles outlined in your service agreement. Payments are due as specified in your contract, and failure to pay may result in suspension or termination of your account. Fees are non-refundable unless otherwise stated in your agreement. We reserve the right to adjust pricing and billing terms with reasonable notice.

7. Service Availability and Modifications

We strive to maintain a reliable and high-performing platform, but we do not guarantee uninterrupted service. We may update, modify, or discontinue certain features of our Services at our discretion. In the event of planned maintenance or significant changes, we will make reasonable efforts to notify you in advance.

8. Disclaimer of Warranties

Our Services are provided “as is” and “as available,” without warranties of any kind, either express or implied. We do not warrant that the Services will meet your specific requirements, be free from errors, or operate without interruptions. To the fullest extent permitted by law, we disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the fullest extent permitted by law, TDC and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, business interruption, or reputational harm, even if we have been advised of the possibility of such damages.

In no event shall our total liability for any claim related to your use of the Services exceed the amount paid by you for the Services in the twelve months prior to the claim. These limitations apply regardless of the legal theory under which the claim arises, including contract, tort, or negligence.

10. Indemnification

You agree to indemnify and hold harmless TDC, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or any claim that your data or use of the Services infringes on the rights of a third party.

11. Termination

We reserve the right to suspend or terminate your access to the Services if you violate these Terms or if your subscription payments are overdue. You may discontinue use of the Services at any time, but no refunds will be issued unless otherwise specified in your contract. Termination does not relieve you of any outstanding payment obligations.

12. Governing Law

These Terms are governed by and interpreted in accordance with the laws of Quebec, Canada, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Services shall be resolved in the courts of Quebec.

13. Consent to Electronic Communications

By using our Services, you agree to receive communications from us electronically, including emails, notices, and updates regarding your account and our Services. You acknowledge that electronic communications satisfy any legal requirement that such communications be in writing. If you wish to opt out of non-essential communications, you may do so by adjusting your preferences in your account settings.

14. Contact Us

If you have any questions about these Terms, please contact us at support@thedataco.com.