Website Terms of Use
1. Scope: this website, not our enterprise services
These Website Terms of Use ("Terms") govern your use of the public marketing website at dataland.io (the "Site"), operated by Realism Labs Inc. (dba Dataland) ("Dataland," "we," "us," or "our"). By using the Site, you agree to these Terms. If you do not agree, do not use the Site.
Dataland builds and operates AI agents that perform customer support and other operational work for enterprise customers. These Terms do not govern the purchase or use of those services, including customer deployments, integrations, dashboards, or agent actions. Those services are governed by the applicable separately agreed customer contract, including its order forms, service terms, negotiated amendments, data processing agreement (DPA), and business associate agreement (BAA), where applicable.
These Terms do not amend, supersede, or reduce rights or obligations under a customer contract. The documents forming that contract, and their order of precedence, are determined by that contract. Updating this website does not amend an existing customer contract or any version of terms incorporated into it.
Our Privacy Notice explains our website and business-contact privacy practices and distinguishes them from processing customer content on behalf of enterprise customers. It does not replace the applicable DPA or individuals' rights under privacy law.
2. Permitted use and intellectual property
You may use the Site for lawful informational and internal business purposes, including evaluating Dataland's services. You must have the legal capacity to agree to these Terms. The Site is intended for adults, not children.
Unless otherwise indicated, the Site's text, graphics, designs, software, logos, and other materials belong to Dataland or its licensors and are protected by intellectual property laws. You may download or print materials for those permitted purposes, provided you retain proprietary notices. No other license is granted, and you may not reproduce, sell, or distribute Site materials without permission, except as permitted by law.
You must not misuse the Site, introduce malicious code, interfere with its operation, circumvent security controls, access non-public systems without authorization, impersonate others, or use the Site to violate anyone's rights. These restrictions concern access to this Site; they do not define permissions for an enterprise AI-agent deployment.
3. Communications and feedback
When contacting us through the Site, provide accurate information and only information you are authorized to share. Do not submit sensitive customer records, health information, credentials, or other confidential operational data through general marketing inquiries. Enterprise data should be provided only through the channels agreed for your deployment.
If you voluntarily provide suggestions about the Site, we may use those suggestions without compensation. This does not transfer ownership of customer content or override a confidentiality agreement, DPA, or other customer contract.
4. Third-party sites
The Site may link to third-party sites and services, including scheduling and recruiting services. Their operators are responsible for their content and practices. Review their terms and privacy notices before using them. A link does not make those services part of this Site or change your customer contract with Dataland.
5. Site availability
We may update, correct, suspend, or discontinue the Site or restrict access to address misuse, security concerns, or legal requirements. We do not guarantee that the Site will always be available, current, or error-free. This section does not alter service levels, support commitments, or termination rights under an enterprise customer contract.
6. Website disclaimer and limitation of liability
TO THE EXTENT PERMITTED BY LAW, THE SITE AND ITS INFORMATIONAL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, DATALAND AND ITS DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SITE.
These website disclaimers and limitations do not apply to enterprise services or override any customer contract. Nothing in these Terms excludes or limits liability or rights that cannot lawfully be excluded or limited.
7. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold Dataland and its directors, employees, and agents harmless from third-party claims and reasonable costs arising from your unlawful use of the Site or violation of others' rights through the Site. We will notify you of such a claim and reasonably cooperate in its defense. This section does not govern enterprise service claims, which are subject to the applicable customer contract.
8. Governing law and website disputes
These Terms are governed by the laws of Delaware, without regard to conflict-of-laws rules. The following dispute provisions apply only to disputes about the Site and these Terms, not disputes governed by a separate customer contract.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Delaware, United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, United States, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
9. Changes and general terms
We may update these Terms by posting a revised version with its update date. Changes apply prospectively; we will provide additional notice where required by law. Continued use of the Site after a revision becomes effective constitutes acceptance of the revised website Terms.
These Terms are the agreement between you and Dataland about use of the Site only. They do not supersede separately agreed customer contracts, confidentiality agreements, or data protection agreements. If a provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of it.
The July 16, 2023 version is available for reference. Archiving it does not determine whether it applies to any particular relationship.
10. Contact
For website questions or a copy of your applicable customer agreement, contact [email protected]. For privacy requests, contact [email protected].
Realism Labs Inc. (dba Dataland)
169 Madison Ave #2080
New York, NY 10016, United States