DATA

DATA Terms of Service & Privacy Policy

Updated Sept 21st, 2024 at 4:00pm MST

Terms of Service

1. Introduction and Acceptance of Terms

Welcome to DATA, a service provided by Lander Media. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service. By creating an account or using any part of the Service, you represent that you are at least 18 years of age, or that you are the age of majority in your jurisdiction and have your parent or guardian's permission to use the Service.

2. Definitions

"Service" refers to the DATA application, website, and all related services provided by Lander Media. "User," "you," and "your" refer to the person or entity using the Service. "Content" refers to any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials created, uploaded, or accessed through the Service. "User Content" refers to any Content that users submit, upload, or transmit through the Service.

3. Service Description

DATA is an AI-powered chat application that provides an experience similar to interacting with a real coworker. The Service includes features such as storing and retrieving memories in our Ontraport CRM, processing payments through Stripe and PayPal, remembering chat history and online search results, and emailing and texting capabilities through our CRM. The Service also offers iOS shortcuts that sync calendar and weather information to our servers.

4. User Accounts and Responsibilities

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for all activities that occur under your account and agree to maintain the security of your account credentials, notify us immediately of any unauthorized use of your account, and use the Service in compliance with all applicable laws and regulations.

5. Subscription and Payment Terms

DATA offers three subscription plans: DATA Creator ($99/month), DATA Creator Pro ($499/month), and DATA Partners for teams. Payments are processed through Stripe and PayPal. Refund and cancellation policies are clearly communicated at the point of purchase. Subscriptions can be cancelled at any time, and we provide refunds for purchases in the first 4.5 months after first purchase in accordance with the typical Lander Media Rocket Man Mission Plan Guarantee for all products except DATA Partnership reservations to prevent misuse of the reservation system.

To access support regarding payments log in at heydata.org, navigate to chat.heydata.org, activate the Stripe Support or PayPal Support Skill (or if you don't know how to do that, just ask) and talk with DATA about your account. If you have an active subscription and you've signed up in the last 4.5 months, you can ask DATA to manage your subscription or refunds and you should see receipts for any changes arrive in your inbox right away. If you did not get a receipt after DATA told you it managed your account, please contact Houston@WeHaveAProblem.org OR DM @SteveMoraco on Twitter.

5.1 The Rocket Man Mission Plan Guarantee

It's funny, it rhymes, it has a space-themed name like many of our products, and it's the most important part of this terms page.

Have you read the book Rocket Men by Robert Kurson? It's great. It talks about how in August 1968, NASA decided to accelerate their lunar orbit mission plans drastically based on new intelligence about Russian progress. A team of (on average) 28-year-olds pulled off Apollo 8—the first extra-orbital manned mission in history—just in time for Christmas.

It took them just 134 days from the day the decision was made to launch until they were fully in lunar orbit on a rocket that had never flown before, and this incredible progress enabled Apollo 11 to land on the moon shortly thereafter.

You won't see many SaaS products say this, but if we can't deliver your results faster than that, we don't deserve your money. So every Lander product or service has a 134-day (yes, four and a half month) guarantee. We've been doing this since 2014 and we're very proud of what it's allowed us to build with our customers. We believe in the results we provide. We've seen our work change lives & scale companies, and we don't want you to have any reason not to dive in with us.

6. Intellectual Property Rights

The Service, including all associated intellectual property rights, is and will remain the property of Lander Media and its licensors. You retain ownership of any intellectual property rights that you hold in the Content you create using the Service. By submitting, posting, or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content.

You own the content you create with DATA, and we have license to use it for our promotions if you publish it publicly or open source what you make.

7. Data Storage and Portability

All user-generated Content belongs to the user who created it. Users can export a copy of their data at any time by navigating to heydata.org/chat > settings > personal info > download copy of my data. The Service integrates with various third-party services, and data shared with these services is subject to their respective terms and privacy policies.

8. Prohibited Activities

You agree not to use the Service for any illegal purpose, violate or infringe other people's rights, transmit objectionable material, impersonate others, or engage in conduct that restricts or inhibits anyone's use or enjoyment of the Service.

9. Limitation of Liability

To the maximum extent permitted by law, Lander Media and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Service.

10. Disclaimers

The Service is provided on an "as is" and "as available" basis. Lander Media makes no warranties, expressed or implied, regarding the Service.

11. Indemnification

You agree to defend, indemnify, and hold harmless Lander Media and its licensee and licensors from any claims, damages, or expenses arising from your use of the Service.

12. Dispute Resolution

These Terms shall be governed by the laws of Colorado, United States. Any dispute shall be settled by mediation or arbitration in Colorado Springs, Colorado. By using this service you agree to settle any dispute arising out of or relating to this agreement by good faith effort by email or DM before resorting to arbitration. If the dispute cannot be resolved through these initial good faith efforts, then the parties agree to proceed to mediation or arbitration as specified above.

13. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever.

14. Modifications to the Service and Terms

We reserve the right to modify or discontinue the Service and to revise these Terms from time to time. By continuing to use the Service after revisions become effective, you agree to be bound by the revised terms.

15. General Provisions

These Terms constitute the entire agreement between you and Lander Media regarding the use of the Service. The failure of Lander Media to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Privacy Policy

1. Data Collection and Use

We collect information you provide directly (such as account details and user-generated content), data collected automatically when you use our Services (including usage data, device information, and location data), and information from third parties. This information is used to provide, maintain, and improve our Services, personalize your experience, communicate with you, conduct research and analysis, and comply with legal obligations. We retain data for as long as necessary to provide our Services, comply with legal obligations, resolve disputes, and enforce our agreements.

2. Data Sharing and Security

We may share your information with service providers (such as hosting providers and payment processors), for legal reasons (to comply with laws or respond to legal requests), or in connection with a business transfer (merger, acquisition, or sale of assets). We do not currently intend on selling DATA as a platform or selling your information or functioning as a data broker of any kind, our mission is to help you control how AI and social platforms use your information to give your more controls. Toward this aim, we implement industry-standard security measures, including encryption, access controls, and regular security audits, to protect your data from unauthorized access, disclosure, alteration, or destruction. Be mindful that your information may be transferred to and processed in countries other than your own, where data protection laws may differ.

3. User Rights and Choices

You can access, update, or delete your account information through your account settings. You may opt out of marketing communications by following the unsubscribe instructions in our emails or contacting us directly. You can control certain privacy settings, such as location sharing and data collection preferences, within the Service. California residents have specific rights under the CCPA, including the right to know what personal information is collected, request deletion of personal information, and opt out of the sale of personal information. EU users have rights under the GDPR, including the right to access, correct, delete, or restrict processing of their personal data, as well as the right to data portability and to object to processing. The fastest way to do that is to ask DATA directly for help about each of these modifications, and if you have any trouble following its instructions, please contact us.

4. Special Considerations

Our Services are not intended for children under 13. We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes through the Service or by other means, such as email. We encourage you to review the Privacy Policy whenever you access the Service to stay informed about our information practices.

5. Data Storage and Cookies

We use cookies and similar tracking technologies to collect and store information about your interactions with our Service. This includes session cookies for authentication, preference cookies to remember your settings, and analytics cookies to understand how you use our Service. You can control cookie settings through your browser preferences. We store data in secure, encrypted databases and use industry-standard backup and recovery procedures to prevent data loss.

6. Third-Party Services and Links

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review the privacy policies of any third-party sites you visit. Additionally, we may use third-party services for various functions of our Service, such as analytics or payment processing. These third parties may collect information about you when you use our Service, subject to their own privacy policies.

7. Contact Information and Dispute Resolution

For questions about this Privacy Policy or to exercise your data protection rights, please contact us at houston@wehaveaproblem.org or by DM on X at @SteveMoraco