Welcome to DataPorium. These Terms of Use ("Terms") govern your access to and use of the DataPorium website, applications, APIs, AI-generated reports, data feeds, and all related services (together, the "Service"). By accessing, browsing, or using any part of the Service — whether or not you create an account — you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
1. Definitions
1.1 "Company," "DataPorium," "we," "us," or "our" refers to DataPorium, LLC, a California limited liability company.
1.2 "User" or "you" means any individual or entity that accesses or uses the Service, whether as a registered subscriber, a registered free-tier user, or an unregistered visitor ("guest").
1.3 "Content" means all information, data, charts, screeners, scores, reports, analytics, AI-generated outputs, text, graphics, software, and other materials made available through the Service.
1.4 "Account" means a registered user account created on the Service.
2. Acceptance of Terms
By accessing or using the Service in any manner — including merely viewing public charts or data without an Account — you acknowledge that you have read, understood, and agreed to these Terms, our Privacy Policy, and any additional terms applicable to specific features. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
3. Changes to Terms
DataPorium may modify these Terms at any time. For material changes (such as changes to fees, refund rights, or dispute-resolution procedures), we will provide reasonable advance notice — typically by updating the "Last updated" date and by in-app notification to registered users — at least 30 days before the change takes effect, except where a shorter period is required by law or by an emergency. For non-material changes (such as clarifications, formatting, or typo corrections), changes are effective upon posting. Your continued use of the Service after a change becomes effective constitutes your acceptance. If you do not agree, you must stop using the Service and, where applicable, cancel your subscription before the change takes effect.
4. Use of the Service
4.1 License Grant
Subject to your continued compliance with these Terms and timely payment of all applicable fees, DataPorium grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal use or your internal business purposes only.
4.2 Reservation of Rights
The Service and all Content — including all software, designs, text, graphics, data compilations, AI models, prompts, methodologies, scoring systems, the DataPorium name, logo, and all other trademarks — are owned by DataPorium or its licensors and are protected by United States and international intellectual-property and other laws. Except for the limited license expressly granted in §4.1, no right, title, or interest in or to the Service or Content is transferred to you. All rights not expressly granted are reserved by DataPorium.
4.3 Eligibility
You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) and legally able to enter into a binding contract to use the Service. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13.
4.4 Guest (Non-Registered) Use
Some Content may be available to unregistered visitors. Guests are bound by these Terms with the same force as registered Users, including §5 (Prohibited Activities), §10 (Disclaimers), §11 (Limitation of Liability), §12 (Indemnification), and §15 (Dispute Resolution). DataPorium may at any time, in its sole discretion, restrict, gate, or remove any Content from public access without notice.
5. Prohibited Activities
You agree that you will not, and will not permit any third party to:
- Resell, redistribute, sublicense, lease, rent, or commercially exploit the Service or any Content, except as expressly permitted in §9 (Attribution).
- Share, sell, or transfer Account credentials. Each Account is for a single named user. You are responsible for all activity under your Account.
- Scrape, crawl, harvest, copy, frame, mirror, or extract data in bulk from the Service by any automated or manual means, except through interfaces and rate limits that DataPorium expressly designates for that purpose.
- Use the Service or any Content to train, develop, fine-tune, benchmark, or evaluate any artificial-intelligence or machine-learning model, dataset, or competing product, without DataPorium's prior written consent.
- Use the Service to build, support, or enhance any product or service that competes with DataPorium.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, models, weights, or underlying ideas of the Service, except to the extent applicable law expressly permits despite this limitation.
- Gain or attempt to gain unauthorized access to the Service, other Users' Accounts, or any related systems, networks, or data.
- Interfere with or disrupt the integrity, performance, or security of the Service, including by introducing viruses, malware, denial-of-service attacks, or excessive load.
- Circumvent or attempt to circumvent any access control, paywall, rate limit, watermark, or other technical measure.
- Misrepresent your identity, affiliation, or location, or use the Service for unlawful, fraudulent, defamatory, harassing, or abusive purposes.
- Use the Service in violation of any applicable law, including securities, commodities, banking, export-control, sanctions, anti-money-laundering, consumer-protection, intellectual-property, or privacy laws.
- Remove, obscure, or alter any proprietary notice, attribution, watermark, or branding displayed in the Service.
Any violation of this §5 is a material breach of these Terms and may result in immediate suspension or termination of your access without refund, in addition to any other remedies available to DataPorium.
6. Third-Party Sources
Portions of the Content are derived from third-party sources. DataPorium curates, normalizes, scores, augments, and enriches this material to produce the Service, and the resulting Service is DataPorium's own product. DataPorium makes no representation or warranty as to the accuracy, completeness, timeliness, or availability of any third-party data, and your use of such Content may be subject to additional restrictions.
7. User Accounts
7.1 Registration
To access certain features (including paid features and saved settings), you must create an Account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. DataPorium may refuse, suspend, or terminate any Account at its sole discretion.
7.2 Account Security
You are solely responsible for safeguarding your Account credentials and for all activity under your Account, whether or not authorized by you. You agree to notify DataPorium immediately at info@dataporium.tech of any suspected unauthorized use or breach of security. DataPorium is not liable for any loss arising from your failure to comply with this §7.2.
7.3 One Account per User
You may not create more than one Account for yourself, create an Account on behalf of someone other than yourself, or maintain an Account if DataPorium has previously terminated your access.
8. Payment, Subscription, Auto-Renewal, and Refunds
8.1 Fees
Access to certain features requires payment of subscription fees as described on our Pricing page. Fees are quoted in U.S. dollars unless otherwise stated and are exclusive of taxes, which are your responsibility.
8.2 Payment Method
By providing a payment method, you authorize DataPorium and its payment processor to charge that method for all applicable fees, including renewals. You represent that you are authorized to use the payment method.
8.3 Auto-Renewal Disclosure (please read carefully)
Your subscription will automatically renew at the end of each billing cycle at the then-current rate, charged to your payment method on file, until you cancel. You may cancel at any time, effective at the end of the then-current billing cycle, through your Account settings via a single, easy-to-use cancellation flow ("click-to-cancel"). We will provide an order acknowledgment summarizing the auto-renewal terms and cancellation method after each purchase.
8.4 Refunds
Except as required by applicable law, all subscription fees are non-refundable, partial-period subscriptions are not pro-rated upon cancellation, and DataPorium does not offer refunds for partial use, dissatisfaction, lack of use, or downgrade. These Terms do not override any mandatory local laws regarding your cancellation rights.
8.5 Price Changes
DataPorium may change subscription fees from time to time. Changes will not affect the current billing cycle and will take effect at the next renewal, with at least 30 days' advance notice via in-app notification.
8.6 Taxes
You are responsible for all applicable sales, use, value-added, withholding, and similar taxes, other than taxes based on DataPorium's net income.
8.7 Chargebacks
If you initiate a chargeback or payment dispute that DataPorium determines, acting reasonably, to be unjustified, DataPorium may suspend or terminate your Account and recover the disputed amount and reasonable processing costs.
9. Attribution and Permitted Quotation
9.1 When you incorporate Content from the Service (such as a chart, statistic, score, or excerpt of an AI-generated report) into a public-facing report, blog post, presentation, social-media post, broadcast, or similar work, you must include a clear and visible attribution in substantially the following form: "Source: DataPorium (https://dataporium.tech)."
9.2 Permitted attribution-with-quotation under this §9 does not authorize: (a) bulk redistribution of Content; (b) creation of any product, dataset, or service that competes with DataPorium; (c) use of Content to train AI/ML systems (see §5); (d) any use that suggests DataPorium endorses any particular conclusion, security, investment, transaction, person, or organization; or (e) any use that violates applicable law.
9.3 Quotation under this §9 is a courtesy. DataPorium may revoke this courtesy at any time and require you to remove DataPorium Content from your work.
10. Disclaimers
10.1 As-Is
The Service and all Content are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, DataPorium disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, quiet enjoyment, and any warranties arising from course of dealing or usage of trade. DataPorium does not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that defects will be corrected.
10.2 No Professional Advice
The Service, including all market, real-estate, healthcare, energy, commodity, cryptocurrency, foreign-exchange, and economic data, screeners, scores, charts, and AI-generated reports and analyses, is provided for informational and educational purposes only and is not investment, legal, tax, accounting, medical, real-estate, insurance, or other professional advice. DataPorium is not a registered investment adviser, broker-dealer, fiduciary, or financial planner, and nothing in the Service constitutes an offer or solicitation to buy or sell any security, commodity, derivative, cryptocurrency, or other financial instrument.
10.3 AI-Generated Content
Reports, summaries, scores, and other Content generated in whole or in part by artificial-intelligence systems are produced by automated models that may contain errors, omissions, biases, or fabricated information ("hallucinations"). You must independently verify any AI-generated Content before relying on it for any decision. AI-generated Content is identified as such within the Service where required by applicable law.
10.4 Decision Responsibility
You alone are responsible for any decision you make based on the Service or Content, and for any resulting outcome. DataPorium is not liable for any loss, damage, or injury arising from your reliance on the Service.
10.5 Beta Features
Features identified as "beta," "preview," "experimental," or similar are provided strictly as-is, may be modified or discontinued at any time without notice, and are excluded from any service-level expectation.
10.6 No Guarantee of Availability
DataPorium does not commit to any service level unless expressly agreed in a separate written contract signed by an authorized DataPorium representative. The Service may be modified, suspended, or discontinued in whole or in part at any time, with or without notice.
11. Limitation of Liability
11.1 Exclusion of Indirect Damages
To the maximum extent permitted by law, in no event will DataPorium, its affiliates, officers, directors, members, employees, agents, or licensors be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for loss of profits, revenue, data, goodwill, business opportunity, investment loss, trading loss, or substitute services, arising out of or relating to these Terms or the Service, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not DataPorium has been advised of the possibility of such damages.
11.2 Cap on Direct Damages
To the maximum extent permitted by law, the aggregate liability of DataPorium and its affiliates arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to DataPorium for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100.00). For Users who have not paid any fees (including guests and free-tier Users), the cap is USD $100.00.
11.3 Jurisdictional Limits
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
12. Indemnification
You agree to defend, indemnify, and hold harmless DataPorium and its affiliates, officers, directors, members, employees, agents, and licensors from and against any third-party claim, demand, action, loss, liability, damage, cost, or expense (including reasonable attorneys' fees and costs of investigation) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or third-party right (including any intellectual-property right or privacy right); (c) any content or data you submit, transmit, or generate through the Service; (d) your use of the Service in a manner not authorized by these Terms; or (e) any decision you make based on the Service. DataPorium will promptly notify you of any such claim, allow you to control the defense (with counsel reasonably acceptable to DataPorium), and reasonably cooperate at your expense. You may not settle any claim that imposes any obligation on DataPorium without DataPorium's prior written consent.
13. Termination
13.1 Termination by You
You may cancel your subscription and close your Account at any time through your Account settings. Cancellation takes effect at the end of the then-current billing cycle. Upon Account closure, your right to use the Service ends immediately.
13.2 Termination or Suspension by DataPorium
DataPorium reserves the right to suspend or terminate your Account or your access to the Service (including guest access) at any time, with or without notice and at its sole discretion, for any reason, including (without limitation) where: (a) you materially breach these Terms; (b) DataPorium is required to do so by law; (c) your Account has been inactive for an extended period; (d) DataPorium discontinues the Service or any feature; or (e) DataPorium believes such action is necessary to protect the Service, other Users, or DataPorium's interests. Termination by DataPorium does not entitle you to any refund except as expressly required by law.
13.3 Effect of Termination
Upon termination: (a) all licenses granted to you cease; (b) you must immediately stop accessing and using the Service; (c) DataPorium may delete your Account data at any time after termination, except as DataPorium is required to retain by law or by its record-keeping policies; and (d) any fees already paid are non-refundable except as required by law.
13.4 Survival
The following sections survive any expiration or termination of these Terms: §1 (Definitions), §4.2 (Reservation of Rights), §5 (Prohibited Activities), §6 (Third-Party Sources), §8 (accrued payment obligations and §8.4), §9 (Attribution), §10 (Disclaimers), §11 (Limitation of Liability), §12 (Indemnification), §14 (Governing Law), §15 (Dispute Resolution), §16 (Privacy), §17 (Export Controls), §18 (Force Majeure), §19 (Copyright Complaints), and §20 (Miscellaneous).
14. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of California, U.S.A., without regard to its conflict-of-laws principles, and, to the extent applicable, the federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
This choice of law does not deprive a consumer of the protection of the mandatory provisions of the law of the country of the consumer's habitual residence, where applicable law so requires.
15. Dispute Resolution; Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH DATAPORIUM BY BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF.
15.1 Informal Resolution
Before filing any formal proceeding, you and DataPorium will attempt in good faith to resolve any dispute informally by sending a written notice describing the dispute to info@dataporium.tech (for DataPorium) or to the email associated with your Account (for you). If the dispute is not resolved within 60 days of receipt of the notice, either party may proceed under §15.2.
15.2 Binding Arbitration
Except for the carve-outs in §15.4, you and DataPorium agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved exclusively by final and binding individual arbitration, administered by JAMS under its then-current Streamlined Arbitration Rules (or, for consumers, JAMS Consumer Minimum Standards). The arbitration will be seated in Orange County, California, or any other location mutually agreed by the parties, but a consumer User may elect to participate by telephone, video, or written submissions. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15.3 Class-Action Waiver
You and DataPorium each agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
15.4 Carve-Outs
This §15 does not apply to: (a) claims for sexual assault or sexual harassment as defined by the U.S. Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (which you may bring in court); (b) small-claims actions brought on an individual basis in a court of competent jurisdiction in your county of residence; (c) claims by either party for injunctive or other equitable relief to protect intellectual-property rights or to enforce §5 (Prohibited Activities); and (d) any claim that may not lawfully be subject to pre-dispute arbitration.
15.5 30-Day Opt-Out
You may opt out of this §15 by sending written notice to info@dataporium.tech within 30 days of first accepting these Terms. The notice must include your name, the email associated with your Account (if any), and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
15.6 Federal Arbitration Act
This §15 is governed by the U.S. Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) to the maximum extent permitted by law.
15.7 Consumer Protections
Mandatory consumer-protection rights in your country of residence are not affected by this section.
16. Privacy and Data Protection
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes the personal information we collect, how we use and share it, and the rights you have, including (where applicable) rights under the EU General Data Protection Regulation (GDPR), the UK GDPR and Data Protection Act 2018, the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), and other privacy laws.
17. Export Controls and Sanctions
The Service is provided from the United States and is subject to U.S. export-control and sanctions laws, including the Export Administration Regulations (15 C.F.R. §§ 730–774) and regulations administered by the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC), as well as applicable EU and UK sanctions regimes. You may not access or use the Service if you are: (a) located in or ordinarily resident in any country or region subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) on the U.S. OFAC Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce Denied Persons or Entity List, or any equivalent EU or UK consolidated sanctions list; or (c) otherwise prohibited by applicable export-control or sanctions law from receiving the Service. You represent and warrant that none of the foregoing applies to you.
18. Force Majeure
DataPorium will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics or epidemics, war, terrorism, civil unrest, governmental action, sanctions, labor disputes, failures of the public Internet, third-party hosting providers, third-party data providers, telecommunications networks, or utilities.
19. Copyright Complaints (DMCA)
DataPorium responds to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe Content available through the Service infringes your copyright, please send a written notice containing the information required by 17 U.S.C. § 512(c)(3) to info@dataporium.tech (subject line: "DMCA Notice"). DataPorium may, in appropriate circumstances and at its sole discretion, terminate the accounts of users who are repeat infringers.
20. Miscellaneous
20.1 Entire Agreement
These Terms, together with the Privacy Policy and any order form or written addendum expressly referenced, constitute the entire agreement between you and DataPorium regarding the Service and supersede all prior or contemporaneous agreements and understandings, whether written or oral.
20.2 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified by the smallest extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, will be severed, and the remaining provisions will remain in full force and effect.
20.3 Waiver
No failure or delay by DataPorium in exercising any right under these Terms will operate as a waiver of that right, and no single or partial exercise will preclude any further exercise of that or any other right. Any waiver must be in a writing signed by DataPorium to be effective.
20.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without DataPorium's prior written consent. Any prohibited assignment is void. DataPorium may assign these Terms in whole or in part, at its sole discretion and without restriction, including in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets.
20.5 Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and DataPorium.
20.6 No Third-Party Beneficiaries
These Terms do not create any rights in favor of any third party, except that DataPorium's affiliates and licensors are intended third-party beneficiaries of §10, §11, and §12.
20.7 Headings
Section headings are for convenience only and do not affect interpretation.
20.8 Interpretation
"Including" means "including without limitation." Any ambiguity in these Terms will not be construed against DataPorium solely because DataPorium drafted them.
20.9 Contact
Questions, legal notices, opt-out notices, security reports, and DMCA notices may be sent to info@dataporium.tech — DataPorium, LLC.