How It Works

Connecting Data

We believe that everyone has valuable data. Therefore, we've built a platform that allows people to easily connect data from a number of common sources.

Account connections are established using the account authorization APIs (oAuth). This is the same technology commonly used by websites and apps to allow you to login with a third party account (such as Facebook Connect).

Connecting a debit or credit card follows the same simple process. You enter your login credentials and we make a one time, read-only connection to your bank. Your credentials are never stored and the connection is tokenized. We support all major US banks and thousands of other financial institutions.

We are working hard to add more account connection options every day. Currently we support debit/credit cards, Facebook, Twitter, LinkedIn, Foursquare, Google+, Youtube, Tumblr, Meetup and Instagram.

Data Profile

Once you've connected your accounts, we build a profile that provides an overview of your data for potential data purchasers.

The profile shows you the individual data attributes, or data points, that have been pulled from each connected account. Data attributes are things like gender, education, or monthly spending. Each attribute contributes to the overall base price listed for your data.

Every data attribute has a high, medium or low value given to it. This value is determined by the current demand in the data marketplace for that attribute. The price for your data is the sum of all your active attributes. We anticipate these values to fluctuate and increase as the marketplace grows and matures.

We wanted to give you the tools to help you sell your data, so your data profile also has a public link that you can share with potential purchasers.

Market

Once you've connected your accounts and reviewed your profile, your data is ready to be entered into the data market.

When your data is purchased, you will be notified by email and the purchase will be recorded in your market activity log and displayed on a graph.

As we onboard more data purchasers and the marketplace grows, we're going to be constantly adding features that allow you to control as much of the transaction as possible between you and the data purchaser.

Data Purchasers

Today, Datacoup is purchasing your data. We’re building an inaugural data set in order to attract potential data purchasers like brands, retailers, media agencies, wireless carriers, insurance companies, and banks. The world is increasingly becoming data-driven, so anybody working with data to optimize their business would ostensibly be interested in becoming a data purchaser.

We've received a great deal of interest from potential purchasers, but we need to prove how valuable your data is before we sign contracts. That’s why your participation on the Platform is so important.

Plus, we’d like to hear from you - as we grow the Buyer side of our Personal Data Marketplace, any information you can provide us on how you’d like purchasers to interact with your data will help us grow Datacoup. For instance:

  • Would you be open to participating in surveys that will help us better understand your opinions and attitudes towards your personal data?

  • Would you be open to participating in Beta-Testing with brands getting to know our platform?

  • Would you be open to participating in bi-monthly private conference calls where we can brainstorm ideas on how to improve our service and appeal to data purchasers?

Or how else would you like to get involved? Email Matt Hogan (matt@datacoup.com) with your thoughts.

Payouts

Payment Rules:

  • With our payments provider (Stripe), you can currently get paid out directly to your Visa or Mastercard, US debit card and in the near future, directly to your checking or savings account.

  • Once you've accrued a minimum of $5, you can come back into the app and redeem your earnings.

  • Once you hit an accrual amount of $25.00, we freeze any further accruals until you come back to the app and redeem your money. We are not set up to have an overhang of large liabilities!

Supported Countries:

  • Currently, we only pay out in the US.

  • As Datacoup grows and expands, we plan to make the datacoup marketplace service available to overseas users.

PCI

Stripe has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available.

SSL and HSTS

Stripe forces HTTPS for all services, including its public website. Stripe regularly audits the details of its implementation: the certificates they serve, the certificate authorities they use, and the ciphers they support. Stripe uses HSTS to ensure browsers interact with Stripe only over HTTPS. Stripe is also on the HSTS preloaded lists for both Chrome and Firefox.

Encryption

All card numbers are encrypted on disk with AES-256. Decryption keys are stored on separate machines. None of Stripe's internal servers and daemons are able to obtain plaintext card numbers; instead, they can just request that cards be sent to a service provider on a static whitelist. Stripe's infrastructure for storing, decrypting, and transmitting card numbers runs in separate hosting infrastructure, and doesn't share any credentials with Stripe's primary services (API, website, etc.).

Learn more about Stripe

Security

Database Security:

Our database has a limited point of entry with firewalls placed on every one, so your data is fortified and protected. Communications to the database outside of the application are severed off, so read and write access only comes from datacoup. Backups are run routinely many times a day and are stored in an equally safe server unit. Sensitive data are processed by an encryption system to further mask the contents.

Credit Card and Bank Data Security:

Datacoup neither sees nor stores any bank or credit card user login information such as username or password. The communication to the bank is hashed and the access point is tokenized, which means we cannot decipher a password even if we wanted to. Datacoup never sees nor stores account or routing numbers.

The connections we establish with bank and credit cards are 100% read-only. This means in no way can Datacoup, or any hacker who unlawfully gains access to Datacoup credentials or servers, manipulate a transaction in any of your accounts.

Transaction data exchanged between the bank and Datacoup is passed through many layers of encryption and stored in walled-off servers. The communication channel is also supervised under FFIEC* guidance. The API provider receives a multi-agency examination with the Office of the Comptroller of the Currency (OCC)* as lead examiner.

Social Data Security:

Connections established with any of the social network accounts uses a protocol called Oauth, which enforces heavy security standards to protect the user from any harm. This procedure strictly prohibits Datacoup to see or store the username and password to these accounts. Access of the types of data and the usage has to be authorized by the user before Datacoup can use it. Along with regular token expirations, users are able to disestablish the connection by resetting the token through settings in the respective social network accounts, always giving the users the ability to change their mind.

App Level Security:

Sessions are stored in the database, while cookies are never used to store sensitive user data. Session and cookie data are destroyed immediately after logging out. This practice coupled with the site-wide SSL coverage, ensures protection against session hijacking and XSS attacks.

Every app request checks for a unique token generated by the app to verify only internal requests. Cross Site Request Forgery from outside entities would be blocked. User inputs and javascript are sanitized before passing data to prevent further XSS attacks.

We conduct strict procedures of monitoring and scanning to spot out vulnerabilities encountered in the app. If any weakness is discovered, its immediately patched up,

Administrative Security:

The staff at datacoup take security very seriously. We place firewalls and IP blacklists on all of our internal services, including intranet, database connections and server connections.

FAQs

Who is buying my data?

Datacoup is lining up data purchasers to sustainably purchase data on the platform. However, to get the ball rolling, Datacoup is the primary purchaser of your data.

What do purchasers of my data have access to?

Purchasers of data have access to a large pool of aggregated, de-identified, anonymous Datacoup user data. For example, when you start selling your data, we combine it with all the other Datacoup users' data, take out anything personally identifiable, and then analyze the large pool, looking for patterns across different demographics and other data characteristics. None of this aggregated data can be traced back to a particular individual user.

When and how do I get paid?

You will be able to withdraw your earnings as soon as you have earned at least $5.00. You can choose to have the money sent to a Visa or Mastercard Debit Card. We've partnered with Stripe to seamlessly and securely process all payments.

What data is being pulled from my accounts?

Once you begin connecting accounts in the Datacoup app, you are pulling in information from each of the accounts that you authorize. For financial accounts its merchant name, transaction date and transaction amount. For social accounts it is basic information, likes, check-ins, activity streams, friend lists and other basic social account information. Each account tile in the "Connect" page has an explanation of the data you are pulling in for that specific account.

How did Datacoup start?

Datacoup was born from a passionate belief that individuals should be the chief beneficiary of the value of their data. Every day, the companies we use to search, shop and socialize, benefit from the trail of personal information we generate along the way. Additionally, there is a layer of third party data brokers that give nothing back to consumers, but make billions of dollars per year off consumer data. So we wondered, what if you – as the consumers and owners of your data- could cut out the middlemen and share your information on your terms? Datacoup is a way to exchange your personal data directly, and for compensation, with those who want to understand more about you.

Is my data linked back to me personally?

In the default way of selling data, there are no identifying factors linked back to you personally. Your data is added to an aggregate pool of Datacoup users' data. All emails and names are delinked from other data-points you have created. In the future, if you want data purchasers to have recourse back to you personally, we will provide an opt-in for you.

Which credit and debit card providers do you support?

We support all major US banks and the majority of smaller institutions including local credit unions. International support varies. In Europe we support most of the major banks. Banks based in the Middle East, Africa, Asia and Latin America the support goes down substantially. That said, we are adding new international institutions all the time. Let us know, and we'll keep you updated.

How do you price the data?

The foundation of our pricing model is based on the individual data attributes within each account. When you connect an account, we check for each attribute within the account. If it's available, then we factor that attribute into the final price. Based on initial conversations with many potential data purchasers, we've ranked data attributes as either high, medium or low value. As of writing, spending data attributes have the highest value in our pricing model.

Any plans to allow more account connection options?

Absolutely! We are working to add new accounts all the time. We are also hard at work on a mobile app that will allow you to connect and monetize even more data.

About Us

Mission

Our mission is to help people unlock the value of their personal data.

Almost every link in the economic chain has their hand in our collective data pocket. Data brokers in the US alone account for a $15bn industry, yet they have zero relationship with the consumers whose data they harvest and sell. They offer no discernible benefit back to the producers of this great data asset - you.

Datacoup is changing this asymmetric dynamic that exists around our personal data. The first and most important step is getting people compensated for the asset that they produce. We are building for a future where individuals like you are in control of your data and are the chief beneficiaries of its value.

Leadership Team

  • Matt Hogan CEO

  • Reki Hattori Engineering

  • Casey Falvey Product Design

Jobs

All positions are based in New York City.


Senior Rails Engineer

You have 3+ years of professional full-stack RoR experience. Preferably, you've built applications from scratch and have experience scaling/restructuring. Passion for what Datacoup is trying to accomplish is paramount.

Apply

Junior Rails Engineer

You're ready to hit the ground running to help us deploy well-designed ruby code. Degree in CS or other related field preferred. Passion for what Datacoup is trying to accomplish is paramount.

Apply

Privacy Policy

This Privacy Policy describes how Datacoup collects, uses, and shares the personal and other information that you (“you” or a “user”) make available to us on www.datacoup.com and its subdomains (collectively, the “Website”), related mobile applications, and other services (collectively, the "Services"). It also describes the choices available to you regarding our use and sharing of your personal information.

This Privacy Policy applies solely to information that we collect through or in connection with our Services. This policy does not apply to the practices of companies other than Datacoup, or to individuals that Datacoup does not employ. We may update this Privacy Policy at any time by posting a new Privacy Policy to our Website at www.datacoup.com. By using our Services, you consent to this Privacy Policy and to our separate Terms of Use.

Introduction to Our Services

Datacoup empowers you to take control of your data by collecting your online and offline data in one location, helping you monitor and analyze that data through the Datacoup dashboard, and enabling you to sell that data on your own terms to third parties.

You can consolidate a wide variety of information in your Datacoup account, including your financial data, demographic data, and data from your accounts with social networking sites (collectively, “your data” or “user data”). We collect some of this information directly from you. We also enable you to import data from your accounts on certain third-party platforms, which may include, for example, Facebook, Twitter, Foursquare, and financial institution and mobile banking websites (each, a “Third-Party Platform”). When such information can be used to personally identify you, it is treated as “personal information” under this Privacy Policy. However, “personal information” does not include "aggregated" or “de-identified” information that cannot be used to personally identify you. Datacoup organizes all of this information and gives you efficient ways to access and receive updates about your data. You also may use our data analysis tools to visualize summaries of your data and identify trends or patterns.

Datacoup also enables you to sell or otherwise share your information with third parties. Retailers, online companies, and other third parties may use our Services to target offers to certain types of users based on parameters that they provide to us. Such parties (each, a “Data Purchaser”) may offer you a payment or a special promotion to share certain personal information with them through our Services (each such offer is a “data request”). You can view all data requests from Data Purchasers through our Website when you log in. You can choose to reject or not respond to a data request. Datacoup acts as an intermediary for Data Purchasers to communicate with you, and we will not provide your email address to Data Purchasers unless you tell us to do so. More generally, you control your personal information on our Services, and we will not share your personal information with a third party unless you tell us to do so.

If you choose to respond to a data request and share your information with a Data Purchaser, such data may be immediately transferred to the Data Purchaser by Datacoup, or it may be transferred at the end of the time period applicable to that data request. Unless expressly stated otherwise with respect to a particular data request, after your information has been transferred to a Data Purchaser, it is subject to only those privacy protections that the Data Purchaser has committed to. Thus, absent express limitations, a Data Purchaser may resell your personal information or use it in other ways that are not described in this Privacy Policy.

Datacoup itself may analyze and draw conclusions about any user’s personal or other information. We may use such information to target and send you special offers from a variety of third parties (such as a coupons or special deals sent to a subset of users with certain characteristics). In addition, Datacoup may share aggregated and/or de-identified data with third parties. Aggregated data is information that Datacoup generates from individualized information but subsequently maintains and uses in a form that combines together information about numerous individuals so that no individual can be identified. Examples include the number of users who live in a certain city or the categories of purchases most frequently made by users with specific gender and age combinations.. De-identified information is information (including individualized information) from which Datacoup has removed any data that personally identifies you. We may disclose aggregated or de-identified data derived from information about you to any third party. By registering for or using our Services you consent to the collection, use, and sharing of such aggregated and/or de-identified information as Datacoup deems appropriate.

Collection and Use of Personal and Other Information

We collect the following personal and other information about you: • Contact information, such as your name and email address • Unique identifiers associated with the Datacoup Services, such as your user name, account number, and password • Online tracking information, as described below under “Cookies and Other Tracking Technologies” • Additional personal or other information that you agree to provide, including any information that we import from a Third-Party Platform. Such information may include, but is not limited to, data from your accounts with third-party social networking sites and financial institutions • Your login credentials for financial accounts that you choose to associate with your Datacoup account (We don’t store or access this information; instead this data is passed onto our third party financial vendor) • With your authorization, financial and other information obtained through a third-party service provider (initially Yodlee, Inc.—see below in the “Information Sharing” section for additional information)

We use this information to: • Administer your account • Provide the services that you request and process transactions on your behalf • Respond to your questions and concerns and provide you with effective customer service • Deliver confirmations, account information, and similar communications about your account • Enable you to view your data and use tools to analyze your data through the Datacoup dashboard • Evaluate your eligibility for, and send to you, data requests from Data Purchasers or other offers from third parties (such as coupons, special deals, or online advertising) that we believe will be of interest to you • Enable you to accept data requests and share your personal and other information with Data Purchasers • Send you marketing and other communications about Datacoup or third-party products and services • Improve our Services and our communication efforts • Conduct research and analysis and learn more about our users • Create aggregated and de-identified data that we use for the purposes stated above and share with a variety of third parties (as discussed below) Cookies and Other Tracking Technologies As is true of most web sites, we use log files, cookies, and other mechanisms to automatically gather information about your computer, such as your IP address, browser type, referring/exit pages, operating system, and dates/times of page views.

Cookies

We use cookies for a variety of purposes, including keeping track of your preferences and profile information. We also use cookies to collect general usage and volume statistical information that we cannot use to identify you. Cookies are small files that are stored on your computer by your web browser. A cookie allows the Services to recognize whether you have visited before and to store certain information about you and your online activities. If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to notify you when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer. However, if you choose to block or delete cookies, certain features of the Service may not operate correctly.

We also use a third-party provider, initially Google Analytics, to place cookies on your computer to collect non-personally-identifiable information that is compiled into aggregated statistics about visitors to our Website and ways to improve our Services. Please go here for information about how to opt out of online tracking by Google Analytics.

Web Beacons

We may employ, and our third-party partners may employ, a software technology called clear gifs, also referred to as web beacons or web bugs. These tools help us and our partners analyze and improve the content on our Services by tracking what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer or other device, clear gifs are embedded invisibly on Web pages.

We also use clear gifs or web beacons in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of our marketing campaigns and certain other communications. We link the information gathered by clear gifs to our customers’ personally identifiable information, but only for purposes of ensuring that our communications with you are effective. If you would like to opt out of marketing emails, please see “Choice and Opt-out” below. Information Sharing: The information that we collect about you may include personal information. By default we will treat your personal information as private except as described in this Privacy Policy. We will not share your personal information with Data Purchasers without your consent. However, if you accept a data request from a Data Purchaser, we will share your personal information (and other information) as specified in the data request.

You may authorize us to use a third-party service provider, initially Yodlee, Inc., to retrieve personal and other information on your behalf from certain Third-Party Platforms using login credentials that you provide to us. Yodlee’s privacy policy and terms of use can be accessed here. We also may share your personal and other information with other third-party service providers, such as payment service providers or analytics partners.

We also may disclose your personal information: • As required by law, such as to comply with a subpoena, court order, or similar legal process • When we believe in good faith that disclosure is necessary to establish, protect, or exercise our rights; protect your safety or the safety of others; investigate fraud or other illegal activities; or respond to a government request. • If Datacoup is involved in a merger, acquisition, or sale of its assets. In that event, you will be notified via email and/or a prominent notice on our Website about the choices you have with regard to your data. • To any other third party with your consent, including when you click on a button or use another mechanism on our Services to initiate the sharing of your personal or other information.

Finally, as discussed above, we may provide aggregated and/or de-identified information about our users to any third party, including advertisers, Data Purchasers, and analytics partners.

Information Obtained from or About Third Parties

• If you provide us with personal information about others, or if others give us your personal information, we will use that information only for the specific reason that it was provided to us. We will not share a user’s personal information with a third party without such user’s permission. • If you log in with Facebook Connect, Open ID, or another similar third-party service, we will use the information we receive from such third party to populate your Datacoup profile. • You may supply information that enables us to import data from your accounts on Third-Party Platforms. By doing so, you authorize Datacoup and the applicable Third-Party Platform(s) to share certain information about you with each other to enhance your use of our Services. You can stop or start the sharing of your information with Third-Party Platforms by using the privacy settings on our Website. Communication with Other Users: We enable you to create a profile and share your personal and other information with other users. Please note that if you choose to share your information with other users, we cannot control the actions of such users, and their use of your personal and other information is not governed by this Privacy Policy. Additional Policy Information: Important Note for Visitors from Outside the United States: The Datacoup Services are intended to be used by consumers in the United States. Any personal or other information that is collected through the Services is transferred to and processed in the United States for the purposes described above. Datacoup also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or other countries. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Services, you expressly consent to such transfer and processing.

Interactions with Other Websites and Services

Our Website includes links to other websites whose privacy practices may differ from those of Datacoup. If you submit personal information to any third-party sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

You can log in to our Services using sign-in services such as Facebook Connect, Open ID provider, or other similar services. These services will authenticate your identity and provide you the option to share certain personal information with us (such as your name and email address) to pre-populate our sign-up form. Services like Facebook Connect also give you the option to post information about your activities on the Datacoup Services to your profile page to share with others within your social network.

Choice and Opt-out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails. You also can contact us at info@datacoup.com.

Children's Privacy

We do not knowingly collect information from children under 13 years of age.

Notification of Privacy Policy Changes

We may update this Privacy Policy to reflect changes to our information practices. If we make a material change to our Privacy Policy that will retroactively apply to information that we have collected from you, we will notify you at the e-mail address specified in your account (if any) and by means of a notice posted on our Website. We encourage you to periodically review the Privacy Policy posted on our Website for the latest information about our privacy practices. We will treat your continued use of the Services following such notice as your acceptance of the changes. However, to the extent required by law, we will seek your consent prior to applying material changes to this Privacy Policy. Contact Information: You can contact us about this Privacy Policy by emailing us at the address: info@datacoup.com

Effective on November 1, 2013

Terms of Service

Last Updated: November 1, 2013

Welcome to DataCoup! The DataCoup website at http://datacoup.com/ and related domains and subdomains, mobile applications, and other services (collectively, the "Services") are operated by DataCoup, Inc., a Delaware corporation with its principal place of business at 175 Varick street, 4th floor, New York, NY 10014 (“DataCoup”, "DataCoup," “we,” or “us”). These terms of use (these “Terms”) govern your, or if you are an authorized representative of an organization, such organization’s, access to and use of the Service

DataCoup empowers you to take control of your data by collecting your online and offline data in one location, helping you monitor and analyze that data through the DataCoup dashboard, and enabling you to sell that data on your own terms to third parties. You can consolidate a wide variety of information in your DataCoup account, including your financial data, demographic data, and data from your accounts with social networking sites (collectively, “your data” or “user data”). We collect some of this information directly from you. We also enable you to import data from your accounts on certain third-party platforms (each such account, a “Third Party Account”), which may include, for example, Facebook, Twitter, Foursquare, and financial institution and mobile banking websites (each, a “Third Party Platform”).

PLEASE READ THESE TERMS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND DATACOUP. FURTHER, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND DATACOUP ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE THE SECTION “AGREEMENT TO ARBITRATE”).

Eligibiity

BY USING OUR APP OR ANY OF OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE THE WEBSITE OR OUR SERVICES.

Acceptance of Terms

By accessing or using the Service, you and any organization you are authorized to represent (collectively, the "User", “you”, or “your”) signify that you have read, understood and agree to be bound by these Terms, regardless of whether or not you are a registered member of the Service. If you do not accept these Terms, or any changes thereof, then do not use or continue to use the Service.

Changes to these Terms

Please review these Terms before using the Services, as they may have changed since your last visit. We may make changes to these Terms from time to time. If we do this, we will notify you of the changed Terms and will indicate at the top of this page the date the Terms were last changed. You understand and agree that your continued use of the Service after we have made any such changes constitutes your acceptance of the new Terms, provided that any such changes shall only apply to your use of the Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise.

Additional Terms

Please review our Privacy Policy, which is hereby incorporated by reference into these Terms.

Our Service may contain, and DataCoup reserves the right to post, additional terms and policies governing your access to and use of our Service and all such terms and policies are hereby incorporated by reference into these Terms. The Privacy Policy, as may be updated by DataCoup from time to time in accordance with its terms, is hereby incorporated into these Terms, and you hereby agree to the collection, use and disclosure practices set forth therein.

Termination

At any time in our sole discretion, with or without notice, DataCoup may terminate your membership, delete your profile and any content or information that you have posted on or through the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for no reason or any reason, including without limitation if DataCoup reasonably suspects that you violated any of these Terms.

At any time in your sole discretion, with or without notice, you may terminate your membership. Even after your right to use the Service is terminated or suspended, these Terms will remain enforceable against you.

International Access

Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. By using our Services, you consent to having your Personal Information (as defined in our Privacy Policy) transferred to and processed in the United States. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties.

Registration Data and Account Security

In order to access certain portions and features of the Service, you are required to register as a member. In connection with such registration, you agree to (A) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (B) maintain the security of your password and identification and not share them with any third party;(C) maintain and promptly update the Registration Data and any other information you provide to DataCoup, to keep them accurate, current, and complete; and (D) be fully responsible for all uses of your account and for any actions performed using your account, in each case by you or any other person.

By registering with us and providing your e-mail address, you agree to receive all e-mail updates, alerts, and notifications to the provided e-mail address. You will have choices to opt-out of certain communication emails. Contact our support team if you believe that someone else has accessed your account without your permission. DataCoup cannot and will not be liable for any damage caused by your failure to comply with security requirements herein. DataCoup is not responsible for any damages caused by unauthorized use of your account.

Online and Mobile Alerts

As a registered user of DataCoup, you agree to receive emails and alerts from us regarding our Services. We may from time to time provide automatic alerts and voluntary account-related alerts. We may also from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners.

Automatic alerts may be sent to you following certain changes made online to your account with us, such as a change in your Registration Data.

Voluntary account alerts may be turned on by default as part of the Service. You may opt-out from receiving our newsletter by emailing info@datacoup.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to the email address you have provided as your primary email address for datacoup.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number may apply to your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your datacoup.com login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Limited License to Use the Services

Provided that you are eligible to access and use the Service and have agreed to these Terms, subject to third parties’ rights to Third Party Content (as described herein) and these Terms, we hereby grant you a limited, non- exclusive, revocable, non-transferable license to use and access the portion of Service you are eligible to use and access based on your membership with DataCoup, solely for your personal, non-commercial purposes. Except for your data and sharing of links using tools made available through the Service, you may not republish DataCoup IP (as defined below) on any internet, intranet or extranet site or incorporate the information in any other database or compilation.

The foregoing limited license is subject to and conditioned upon your continuing agreement and compliance with these Terms. Any use of the Service or DataCoup IP other than as specifically authorized herein, without the prior written permission of DataCoup or the applicable Third Party Content owner, is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause. All rights not expressly granted by DataCoup are reserved.

You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.

Data Aggregation and Data Analysis Services

If you choose to use our Services for consolidating your data on DataCoup and importing and account aggregation features provided through the Service, then, in addition to the other terms in these Terms, the following terms apply:

  • Data Retrieval; Importing. By using the Services, you authorize DataCoup or its Service Providers (as defined below) to access Third Party Accounts designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. The Services allows you to connect to your Third Party Platforms so we can check, process and deliver your data on your behalf. You may also provide us or our Service Providers with your login credentials for certain Third Party Platforms (“Third Party Login Credentials”). You hereby authorize us to utilize those Third Party Login Credentials to access your account on the Third Party Platform to provide the Services. For all purposes hereof, you hereby grant DataCoup and its third party service provider in effect from time to time (each, a “Service Provider”) a limited power of attorney, and you hereby appoint DataCoup and Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN DATACOUP OR FINANCIAL VENDOR ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, DATACOUP AND FINANCIAL VENDOR ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.

  • Data Management. By using the Services, you allow DataCoup to help manage and create summaries of your data in connection with your use of the Services. You retain ownership of any intellectual property rights that you hold in your data. In order to use some features of the Services, you may choose to provide us with information, or access to information, your data, passwords, materials or other content (“Content”) such as importing Content from your accounts on certain Third Party Accounts, such as Facebook, Twitter, Foursquare, and financial institution and mobile banking websites. In order to import your data to the Services and use the Services, you grant us and our Service Providers all rights in your data necessary to provide the Services, subject to our Privacy Policy. DataCoup requires these rights in order to create and update your DataCoup account, import your data, or transmit them at your direction. You represent and warrant that you have the right to provide us with your data and to permit us to use and disclose your data within the parameters authorized by these Terms and our Privacy Policy. DataCoup’s Privacy Policy, at [link], describes the collection, use and disclosure of data and information by DataCoup in connection with the Services.

  • Data Purchasers. DataCoup also enables you to sell or otherwise share your data with third parties. Retailers, online companies, and other third parties may use our Services to target offers to certain types of users based on parameters that they provide to us. Such parties (each, a “Data Purchaser”) may offer you a payment or a special promotion to share certain personal information with them through our Services (each such offer is a “data request”). You can view all data requests from Data Purchasers through our Services when you log in. You can choose to reject or not respond to a data request. DataCoup acts as an intermediary for Data Purchasers to communicate with you, and we will not provide your email address to Data Purchasers unless you tell us to do so. If you choose to respond to a data request and share your information with a Data Purchaser, you grant us and our Service Providers all rights in such data necessary to provide such data to the applicable Data Purchaser, subject to our Privacy Policy.

  • Aggregated Data. You hereby grant to DataCoup the non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right for DataCoup to aggregate your data, such that such aggregated data does not identify you (collectively, “Aggregated Data”), and to analyze, copy, use and disclose such Aggregated Data for any purpose. Aggregated Data is information that DataCoup generates from individualized information but subsequently maintains and uses in a form that combines information about numerous individuals so that no individual can be identified.

  • Accuracy. You, the end user, agree to provide true, accurate, current and complete information about yourself and your Third Party Accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

  • Loss of Data. You, and not DataCoup, are responsible for maintaining and protecting a separate permanent record of all of your data, if you wish to retain your data. DataCoup will not be liable for any loss or corruption of your data, or for backing up or restoring any of your data.

  • Liability. With respect to your data or other content transmitted or posted on or through our Services, we act as a passive conduit for such distribution and are not responsible for such content or your data. Any opinions, advice, statements, services, offers, or other information in the Services provided by users are those of the respective author(s) or distributor(s) and not of DataCoup. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such content or your data. You are responsible for ensuring that content and your data submitted to or through our Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your transmission, posting or submission of content or your data through our Services.

Payments

DataCoup facilitates the purchase of data between users and Data Purchasers by supplying a platform for users to accept or reject data requests (as defined above) from Data Purchasers. We use a third party payment service, to transfer funds to you for payments you may receive from Data Purchasers or such third party payment service may bill you for Premium Services (as defined below) as the case may be, in lieu of directly processing your payment account information. DataCoup reserves the right to charge for its Services now or in the future as set forth on our Website from time to time. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to pay DataCoup via our third party payment processing service provider. You may cancel your Premium Services as provided on the Website from time to time. The processing of payments will be subject to the terms, conditions and privacy policies of the third party payment service in addition to these Terms. You acknowledge that we may change the third party payment services from whom we accept or will transfer payments as we set forth on our Website from time to time.

Trademarks

DataCoup and other DataCoup graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of DataCoup in the U.S. and/or other countries. DataCoup's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DataCoup.

Proprietary Rights in DataCoup IP

Except with respect to your data and Third Party Content (as defined below), as between you and DataCoup, all intellectual property and other materials and Content in, on or made available through the Service (the "DataCoup IP") are the proprietary property of DataCoup. Except as expressly permitted in these Terms, you shall not reverse engineer, decompile, disassemble, modify, copy, distribute, frame, reproduce, republish, downloaded, display, post, transmit, or sell the Services or DataCoup IP in any form or by any means, in whole or in part.

User Representations, Warranties, and Covenants

You represent, warrant and covenant that none of your data does or will (A) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or (B) contain harmful, libelous, defamatory or otherwise unlawful material. You agree not to:

  • harvest or collect email addresses or other contact information of Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on or through the Service any non-public information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • solicit personal information from minors or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass other Users;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
  • use or attempt to use another's account, service or system without authorization from DataCoup, or create a false identity on the Service.

Links to Other Web Sites and Third Party Content

The Service contains (or you may be sent through the Service) (A) links to other web sites, (B) experience on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them (clauses (A) and (B), together, "Third Party Sites") and (C) any and all content belonging to or originating from third parties(collectively, the "Third Party Content").

DataCoup may display Third Party Sites based on your information stored with the Service. If you choose to use the Service, or purchase a product from a Third Party Site, any transaction which takes place is solely between you and the Third Party Site. DataCoup has no control over the specifics of such a transaction or agreement, and therefore assumes no part in transactions or agreements between you and a Third Party Site. Since Third Party Sites are not operated by DataCoup, you agree that DataCoup is not responsible for the accuracy or availability of such web sites, and does not endorse and liable for any content, advertising, products or other materials on or available from such web sites. You also acknowledge and agree that DataCoup is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any such content, products or services available on or through any such Third Party Site. If you access or use the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to DataCoup are non-confidential and shall become the sole property of DataCoup. DataCoup shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints

If you believe that any material on or made available through the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Matt Hogan

Full Address of Designated Agent to Which Notification Should be Sent:175 Varick Street, 4th Floor. New york, New York 10014.

Telephone Number of Designated Agent:415-533-7492

Facsimile Number of Designated Agent:

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, DataCoup has adopted a policy of terminating, in appropriate circumstances and at DataCoup's sole discretion, the memberships of members who are deemed to be repeat infringers. DataCoup may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disputes; Release.

Neither DataCoup nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any Data Purchaser or user of the Service. DataCoup expressly disclaims any liability or claims that may arise between users of our Services or between users of our Services and third party vendors or Data Purchasers. You are solely responsible for your interactions with all other users and for your interactions with third party vendors and Data Purchasers and any disputes that arise from those interactions with other users, third party vendors, or Data Purchasers. DataCoup may monitor disputes between users third party vendors and Data Purchasers, but is not obligated to monitor, mediate, or resolve such disputes.

Because DataCoup is not responsible for or involved in any contact between users or between users and third party vendors or Data Purchasers, in the event that you have a dispute with one or more users, third party vendor, or Data Purchaser, you hereby release DataCoup (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.

If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Disclaimers

Use of the Service may be available through a compatible mobile device, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. DataCoup assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. DataCoup is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Service or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service. Under no circumstances will DataCoup be responsible for any loss or damage, including any loss or damage to any of your data or personal injury or death, resulting from anyone's use of the Service, any data, content or Third Party Content posted on or through the Service or transmitted to users or Data Purchasers, or any interactions between users or Data Purchasers, whether online or offline.

DataCoup reserves the right to change any and all content contained in the Service offered at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DataCoup.

DATACOUP IS NOT PROVIDING, AND THE SERVICE IS NOT INTENDED TO PROVIDE, LEGAL, TAX OR FINANCIAL ADVICE. DATACOUP IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Before making any financial decisions, you should seek additional information and advice from your own accountant or other financial advisers who are fully aware of your individual circumstances.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DATACOUP AND FINANCIAL VENDOR MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (vi) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES OR SERVICES; AND (vii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITES, YOUR DATA, CONTENT AND DATACOUP IP ON OR ACCESSIBLE FROM THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL DATACOUP, ITS Service Providers OR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST DATA , EVEN IF DATACOUP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (vii) FROM YOUR USE OF THE SERVICE OR ANY OF THE DATACOUP IP OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATACOUP'S OR ITS SERVICE PROVIDERS’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DATACOUP FOR THE SERVICE DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF NO AMOUNT IS PAID TO DATACOUP FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM DATACOUP, REGARDLESS OF THE CAUSE OF ACTION.

Governing Law; Venue and Dispute Resolution

These Terms and any dispute between you and DataCoup, shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law that would apply the laws of any other jurisdiction, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate Section is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the DataCoup must be resolved exclusively by a state or federal court located in the State of New York, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and DataCoup agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes. You and DataCoup agree to waive trial by jury in any court proceeding.

Agreement to Arbitrate

Except if you opt-out or for disputes relating to your or DataCoup's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); you agree that all disputes between you and DataCoup (whether or not such dispute involves a third party) arising out of or relating to these Terms, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and DataCoup hereby expressly waive trial by jury. You and DataCoup shall appoint as sole arbitrator a person mutually agreed by you and DataCoup or, if you and DataCoup cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, DataCoup shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for a district in Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards. Any claims brought by you or DataCoup must be brought in that parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor DataCoup will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. You may opt out of this Agreement To Arbitrate. If you do so, neither you nor DataCoup can require the other to participate in an arbitration proceeding. To opt out, you must notify DataCoup in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your DataCoup account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out: DataCoup, Inc. ATTN: Arbitration Opt-out 175 Varick Street 4th Floor New York, NY 10014.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against DataCoup prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against DataCoup prior to the effective date of removal.

This Arbitration section will survive the termination of your relationship with DataCoup.

Indemnity

You agree to indemnify, defend, and hold harmless DataCoup, its subsidiaries and affiliates, Service Providers, and each of Datacoup’s and each Service Provider’s their directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (A) your Content, (B) any Third Party Content you post or share on or through the Service, (C) your use of the Service or infringement by any other user of your account, of any intellectual property or other right of anyone, (D) your conduct in connection with the Service or with Data Purchasers or users of the Service, (E) any violation of these Terms or of any law or the rights of any third party, or (F) any actions performed using your account.

Third Party Beneficiary

You agree that Service Providers are a third party beneficiary of these Terms, with all rights to enforce such provisions as if such Service Providers were a party to this Agreement.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DataCoup without restriction. Any assignment contrary to this section shall be void.

Survival

Upon termination of these Terms or your access to the Service for any reason or no reason, you will continue to be bound by those provisions of these Terms which, by their nature, should survive termination, including, without limitation, ownership provisions, any licenses granted by you, warranty disclaimers, indemnities, limitations of liability, and the Agreement to Arbitrate.

Waiver and Severability

The failure of DataCoup to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Additional Information

If you have any questions about these Terms, please contact info@datacoup.com.