Terms of Service

DATA WASH TERMS OF SERVICE

Last Updated: 11/7/2025

These Terms of Service (“Terms”) govern your access to and use of: (a) the Data Wash website located at https://datawash.ai/ (the “Site”); and (b) the Data Wash proprietary software platform and related services (collectively, the “Platform Services”). The Site and Platform Services are referred to together as the “Services.”

These Terms are a binding contract between Data Wash, Inc. (“Data Wash,” “we,” or “our”) and the individual or entity accessing or using the Services (“Customer,” “you,” or “your”). If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind such organization to these Terms.

If Data Wash and Customer have executed a separate written Master Subscription Agreement or similar agreement covering the Services (“MSA”), the MSA controls to the extent of any conflict with these Terms.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. Restrictions on Use; No Sensitive Data

The Services are not designed or intended for the processing of:
(a) personal data subject to privacy regulations requiring enhanced technical or security controls;
(b) classified information;
(c) medical, financial, biometric, or similarly regulated data; or
(d) any data that would impose compliance obligations beyond those expressly stated in these Terms (collectively, “Restricted Data”).

You agree not to upload, process, or otherwise use Restricted Data in connection with the Services. Data Wash has no liability with respect to Restricted Data.

2. Key Definitions

Authorized Users: Individuals authorized by Customer to access the Services.

Customer Materials: Data, content, annotations, metadata, and other materials Customer submits to the Services.

Output: System-generated results produced in response to Customer Materials, uploads, configuration, or prompts.

Data Wash IP: The Services and all related software, models, workflows, interfaces, documentation, and intellectual property.

Order Form: Any mutually executed ordering document specifying subscription tier, pricing, and usage limits.

Term: The subscription term as stated in the applicable Order Form or online plan selection.

3. Privacy Policy

Please review our Privacy Policy at https://datawash.ai/privacy, which describes how we collect, use, and share personal information processed in connection with the Services.

4. Changes to Terms or Services

We may update these Terms or modify the Services at any time. If we make material updates, we will provide notice (e.g., posting on the Site). Continued use of the Services following notice constitutes your acceptance of the updates.

5. Access Rights and Use Restrictions

(a) Limited License

Subject to these Terms, Data Wash grants Customer a non-exclusive, non-transferable right for Authorized Users to access and use the Services during the Term.

(b) Use Restrictions

Customer will not, and will not allow others to:

Copy, modify, translate, or create derivative works of the Services.

Reverse engineer, decompile, or attempt to extract the underlying software, models, or methodologies.

Sell, resell, sublicense, or provide the Services to third parties except as expressly permitted.

Use Output to train, improve, or compete with any data preparation or machine learning system.

Use the Services in violation of law, these Terms, or intellectual property rights.

(c) Account Security

Customer is responsible for access control, credential protection, and any activity under its accounts.

(d) Ownership

As between the Parties:

Customer owns Customer Materials.

Data Wash assigns to Customer any rights it has in Output, subject to the restrictions above.

Data Wash retains all Data Wash IP.

6. Fees and Billing

Fees are listed on the Data Wash pricing page or applicable Order Form.

Subscriptions auto-renew unless canceled.

All fees are non-refundable except as explicitly stated.

If usage exceeds allocated limits, overage charges will apply.

Late payments may result in suspension of Services and interest charges of 1.5% per month.

7. Customer Materials; Data Handling

Customer grants Data Wash a non-exclusive, worldwide, royalty-free license to use Customer Materials and Output solely to provide, maintain, secure, and improve the Services.

Data Wash may generate aggregated, anonymized usage analytics that do not identify Customer. These aggregated data sets are part of Data Wash IP.

If Customer Materials inadvertently include Personal Data, Customer is responsible for ensuring legality of processing. A separate Data Processing Addendum may be required.

8. Support and Service Availability

Data Wash will use commercially reasonable efforts to maintain availability of the Services, excluding planned maintenance and events outside our reasonable control. Support channels vary by subscription tier.

9. Confidentiality

Each Party will protect the other’s Confidential Information using reasonable care and will not disclose it except to employees and advisors who need to know and are bound by confidentiality obligations.

10. Publicity

With Customer’s prior consent, Data Wash may list Customer’s name and logo as a customer of the Services.

11. Disclaimer of Warranties

THE SERVICES AND OUTPUT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.
Machine learning output may be inaccurate or incomplete. Customer is solely responsible for evaluating the suitability and correctness of any Output.

12. Termination

Customer may terminate for Data Wash’s uncured material breach.

Data Wash may suspend or terminate access for violation of these Terms or for non-payment.

Upon termination, Customer must cease use of the Services and delete any Data Wash Confidential Information.

13. Limitation of Liability

To the maximum extent permitted by law:

Data Wash is not liable for indirect, consequential, special, or punitive damages.

Data Wash’s total liability will not exceed the fees paid by Customer in the six (6) months preceding the claim or $100, whichever is greater.

14. Indemnification

Customer will indemnify and defend Data Wash against any claims arising out of Customer Materials, Customer’s use of the Services, or violations of law or these Terms.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. The parties consent to the exclusive jurisdiction of state or federal courts located in Delaware.

EXHIBIT A – Responsible Use Policy

Customer agrees not to use the Services to:

Violate any law.

Harm, exploit, or surveil individuals.

Generate fraudulent or misleading content intended to deceive.

Develop biometric, facial recognition, or behavioral profiling without explicit consent.

Engage in automated decision making that affects legal or financial rights without human oversight.

Discriminate against individuals or protected groups.