Terms of Use
Last updated: January 2025
1. Acceptance of Terms
By accessing or using DyDaM ("Dynamic Dashboard for Marketing Analytics"), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use the platform. These terms constitute a legally binding agreement between you and DyDaM.
2. Description of Service
DyDaM is a marketing analytics dashboard platform that integrates with third-party services (including Google Analytics, Google Search Console, HubSpot, and others) to provide unified marketing data visualization and AI-powered insights. The service is provided "as is" on a best-efforts basis.
3. Third-Party AI Services
IMPORTANT: DyDaM utilizes third-party artificial intelligence providers to deliver AI-powered features. These providers include:
- Anthropic (Claude AI)
- OpenAI (GPT models)
- Google (Gemini AI)
When you use our AI features, your prompts, queries, and relevant data context are transmitted to these third-party providers for processing. These providers use your data to generate responses and may process it according to their own terms of service and privacy policies.
You acknowledge and agree that:
- Your data will be sent to and processed by third-party AI providers
- AI responses are generated by these providers and may not always be accurate
- DyDaM has no control over how these providers process or store your data
- You are responsible for reviewing the terms and privacy policies of these providers
4. API Limitations
DyDaM integrates with various third-party APIs, including but not limited to:
- Google Analytics Data API
- Google Search Console API
- HubSpot API
- AI Provider APIs
You acknowledge that:
- These APIs have rate limits and quotas that may restrict data access
- The Google Analytics API, in particular, has strict request limits that may affect data availability
- API availability is subject to third-party providers and may be interrupted without notice
- Data may be delayed, incomplete, or unavailable due to API limitations
- We make no guarantees regarding API availability, speed, or data completeness
5. Best Efforts Basis
ALL SERVICES PROVIDED BY DYDAM ARE ON A "BEST EFFORTS" BASIS. WE MAKE NO COMMITMENTS, WARRANTIES, OR GUARANTEES REGARDING:
- Service availability or uptime
- Data accuracy or completeness
- AI response quality or correctness
- Integration functionality
- Feature availability
- Performance or speed
We will endeavor to provide a functional service, but we explicitly do not commit to any specific service levels, response times, or feature availability. The service may be modified, suspended, or discontinued at any time without notice.
6. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DYDAM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA
- UNINTERRUPTED OR ERROR-FREE SERVICE
- SECURITY OF DATA TRANSMISSION
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYDAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
- SERVICE INTERRUPTION OR DATA LOSS
- INACCURATE DATA OR AI RESPONSES
- DECISIONS MADE BASED ON PLATFORM DATA OR INSIGHTS
- THIRD-PARTY SERVICE FAILURES OR LIMITATIONS
- SECURITY BREACHES OR UNAUTHORIZED ACCESS
- ANY OTHER MATTERS RELATING TO THE SERVICE
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF DYDAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. No Responsibility for Decisions
DyDaM provides data visualization and AI-powered insights for informational purposes only. You acknowledge that:
- All data and insights should be independently verified
- You are solely responsible for any decisions made based on the platform
- DyDaM is not responsible for any business, financial, or marketing decisions
- AI-generated content may contain errors, inaccuracies, or hallucinations
- Historical data and trends do not guarantee future results
9. Data Accuracy
While we strive to display accurate data from connected sources, we make no representations or warranties about the accuracy, completeness, or reliability of any data displayed on the platform. Data is sourced from third-party APIs and may be subject to:
- Delays in data availability
- Sampling and estimation by source platforms
- Processing errors or discrepancies
- API limitations or data gaps
10. Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the service at any time, with or without notice. This includes, but is not limited to:
- Adding or removing features
- Changing pricing or subscription terms
- Modifying API integrations
- Updating the user interface
- Discontinuing the service entirely
11. User Responsibilities
As a user of DyDaM, you agree to:
- Provide accurate account information
- Maintain the security of your account credentials
- Only connect accounts and data sources you are authorized to access
- Comply with the terms of service of all connected third-party platforms
- Not use the service for any illegal or unauthorized purpose
- Not attempt to circumvent any security measures or API limitations
12. Intellectual Property
DyDaM and its original content, features, and functionality are owned by DyDaM and are protected by international copyright, trademark, and other intellectual property laws. Your marketing data remains your property, subject to the licenses you grant us to provide the service.
13. Indemnification
You agree to indemnify, defend, and hold harmless DyDaM and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the service, violation of these terms, or infringement of any third-party rights.
14. Termination
We may terminate or suspend your access to the service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the service will immediately cease.
15. Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these terms or your use of the service shall be resolved through binding arbitration.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
17. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the service after any changes constitutes acceptance of the new Terms.
18. Contact
If you have any questions about these Terms of Use, please contact us through the platform or at the email address provided in your account settings.
Summary of Key Points
- Service provided "as is" - No warranties of any kind
- Best efforts only - No commitments or guarantees
- Third-party AI - Your data is processed by Anthropic, OpenAI, Google
- API limitations - Google Analytics and other APIs have rate limits
- No liability - We are not responsible for any damages or losses
- Your decisions - You are responsible for decisions based on our data
- Data accuracy - We do not guarantee data accuracy