Terms of Service
Last Updated: January 28, 2025
Important Legal Notice
These Terms of Service should be reviewed by your legal counsel before engaging our services. By using our website or services, you agree to be bound by these terms.
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the PurelyData AI website (purelydata.ai), services, and Reviver AI platform (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use our Services.
2. Services Provided
PurelyData AI provides the following services:
AI Consulting Services
- AI strategy and roadmap development
- AI systems integration and implementation
- Custom AI workflow development
- Data engineering and preparation
- Autonomous agent deployments
- Enterprise AI readiness assessments
Reviver AI Platform
Reviver AI is our AI Native AI operations layer that enables organizations to deploy AI-powered workflows with optimal AI agents. Access to Reviver AI may be provided as part of consulting engagements or as a standalone service.
Custom Development
We provide custom AI solution development tailored to your specific business needs, as outlined in individual Statements of Work (SOWs).
3. User Responsibilities
When using our Services, you agree to:
Provide Accurate Information
- Provide truthful, accurate, and complete information when requesting services
- Update information promptly if it changes
- Not misrepresent your identity or affiliation
Comply with Laws
- Comply with all applicable laws and regulations
- Ensure your use of our Services does not violate any third-party rights
- Obtain all necessary consents for data you provide to us
Prohibited Uses
You may not:
- Use our Services for any unlawful purpose
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the integrity or performance of our Services
- Reverse engineer, decompile, or disassemble any aspect of our Services
- Use our Services to develop competing products or services
- Remove, obscure, or alter any proprietary notices on our Services
4. Intellectual Property Rights
PurelyData AI Intellectual Property
We retain all rights, title, and interest in and to:
- The Reviver AI platform and all related software
- Our methodologies, frameworks, and consulting approaches
- Website content, including text, graphics, logos, and images
- Pre-existing intellectual property used in delivering services
- Any improvements or enhancements to our platforms made during engagements
Client Intellectual Property
You retain all rights to:
- Your business data, processes, and proprietary information
- Your existing intellectual property and trade secrets
- Any business logic or domain knowledge you provide during engagements
Custom Work Product
Ownership of custom AI workflows, models, and solutions developed specifically for you will be defined in individual Statements of Work. Typically:
- Client-specific implementations and configurations are owned by the client
- General-purpose components and tools remain PurelyData AI intellectual property
- We may retain the right to use generalized learnings (non-client-specific) in future work
Open Source Software
Our Services may incorporate open-source software components. Such components are licensed under their respective open-source licenses, which we will identify in project documentation. Your use of open-source components is subject to their original licenses.
5. Service Agreements and Statements of Work
Specific consulting engagements are governed by separate Statements of Work (SOWs) or Master Services Agreements (MSAs) that incorporate these Terms by reference.
What SOWs Typically Include
- Scope of work and deliverables
- Timeline and milestones
- Pricing and payment terms
- Specific intellectual property provisions
- Acceptance criteria and success metrics
Order of Precedence
In the event of conflict between documents:
- Statement of Work (SOW)
- Master Services Agreement (MSA), if applicable
- These Terms of Service
6. AI and Model Usage
AI Native Approach
We build AI solutions that work with any AI provider (OpenAI, Anthropic, Google, AWS, Azure, open-source models). You are not locked into any specific vendor.
Client Choice of Providers
- You choose which AI providers process your data, based on your compliance and budget requirements
- We can configure systems for on-premises deployment (no data leaves your infrastructure)
- You can switch providers without rebuilding your AI systems
Third-Party AI Provider Terms
When using third-party AI providers (e.g., OpenAI, Anthropic):
- You are subject to those providers' terms of service
- We are not responsible for changes to third-party pricing, availability, or performance
- We make no warranties regarding third-party AI model outputs or capabilities
Model Performance Disclaimer
AI models are probabilistic systems. We cannot guarantee:
- 100% accuracy of AI-generated outputs
- Specific performance levels across all use cases
- That AI models will not produce incorrect or biased outputs
We design systems with appropriate human oversight, error handling, and validation to mitigate these risks.
7. Data Ownership and Usage
Your Data Remains Yours
All data you provide to us remains your property. We do not claim ownership of your data.
Limited License to Use Your Data
You grant us a limited, non-exclusive license to use your data solely for the purpose of providing the contracted services. This license includes:
- Processing data to deliver consulting services
- Temporarily storing data as necessary for service delivery
- Using data to optimize systems built for you
This license terminates upon completion of services (unless otherwise specified in an SOW for ongoing support).
No Training on Your Data
We will not use your data to:
- Train AI models for use with other clients
- Improve third-party AI services
- Develop competing products or services
- Benefit any party other than you
Exception: If you provide explicit written consent for specific uses (e.g., fine-tuning a model on your data for your exclusive benefit), such uses will be detailed in the SOW.
8. Warranties and Disclaimers
Limited Warranty for Professional Services
We warrant that professional services will be performed in a professional and workmanlike manner consistent with industry standards. If services do not meet this standard, your exclusive remedy is for us to re-perform the non-conforming services at no additional charge.
Website and Content Disclaimer
Our website and general content are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, completeness, or reliability of content
Third-Party AI Model Disclaimer
We make no warranties regarding:
- The performance, accuracy, or availability of third-party AI models (OpenAI, Anthropic, etc.)
- Continued availability of any specific AI model or pricing
- The outputs generated by AI models
Our AI Native approach mitigates these risks by enabling provider switching, but we cannot control third-party services.
No Guarantee of Results
While we strive for excellent outcomes, we do not guarantee specific business results, ROI, cost savings, or performance improvements unless explicitly stated in a written SOW.
9. Limitation of Liability
Liability Cap for Services
To the maximum extent permitted by law, our total liability arising out of or related to any consulting engagement shall not exceed the fees paid by you for that specific engagement during the twelve (12) months preceding the claim.
Exclusion of Consequential Damages
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Cost of procurement of substitute services
- Business interruption
This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
Exceptions to Limitations
These limitations do not apply to:
- Our intentional misconduct or gross negligence
- Violations of intellectual property rights
- Breaches of confidentiality (subject to separate indemnification provisions)
- Claims that cannot be limited by law
Indemnification
You agree to indemnify and hold harmless PurelyData AI from any claims arising from:
- Your violation of these Terms
- Your violation of any third-party rights
- Your use of our Services in violation of applicable laws
- Your data or content (to the extent claims arise from the data itself, not our processing of it)
10. Confidentiality
Both parties agree to protect each other's Confidential Information.
Definition of Confidential Information
"Confidential Information" includes:
- Business plans, strategies, and financial information
- Technical information, source code, and algorithms
- Customer data and lists
- Any information marked "Confidential" or reasonably understood to be confidential
Obligations
- Maintain confidentiality using at least the same degree of care as for your own confidential information
- Use Confidential Information only for purposes of the engagement
- Not disclose to third parties without written consent
- Return or destroy Confidential Information upon request or termination
Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available through no breach of this agreement
- Was rightfully known prior to disclosure
- Is independently developed without use of Confidential Information
- Is rightfully received from a third party without confidentiality obligations
- Must be disclosed by law (with prior notice if legally permissible)
Separate NDAs
Complex consulting engagements typically involve execution of a separate Non-Disclosure Agreement (NDA) with more detailed confidentiality provisions.
11. Termination
Termination of Website Access
We may suspend or terminate your access to our website at any time, with or without cause or notice.
Termination of Service Engagements
Consulting engagements are governed by termination provisions in individual SOWs, which typically include:
- Notice periods (commonly 30 days)
- Payment for work completed through termination date
- Transition assistance obligations
Effect of Termination
Upon termination:
- All licenses granted to you terminate immediately
- You must cease using our Services and delete any downloaded materials
- Payment obligations for services rendered remain in effect
- Provisions that by their nature should survive (confidentiality, IP, warranties, liability) continue in effect
12. Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Informal Resolution
Before initiating formal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. Either party may initiate negotiations by providing written notice to the other party.
Venue
Any legal action or proceeding arising out of or relating to these Terms shall be instituted in the state or federal courts located in Delaware. Both parties consent to the exclusive jurisdiction of such courts.
Arbitration (Optional)
Individual service agreements may specify binding arbitration for dispute resolution. Such arbitration provisions will be detailed in the applicable SOW or MSA.
13. General Provisions
Entire Agreement
These Terms, together with any applicable SOWs and MSAs, constitute the entire agreement between you and PurelyData AI regarding your use of the Services and supersede all prior agreements and understandings.
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.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, or third-party service failures (including AI provider outages).
Independent Contractors
The relationship between the parties is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last Updated" date and, for active clients, via email notification. Continued use of our Services after changes constitutes acceptance of the modified Terms.
14. Contact for Legal Inquiries
For questions about these Terms or to discuss service agreements:
PurelyData AI
Email: hello@purelydata.ai
Website: https://purelydata.ai
For formal legal notices, please mark correspondence "ATTN: Legal Department"