Terms of Service

These Terms of Service ("Terms") govern your access to and use of the DARG platform and related services provided by Distinctly Marketing, Inc. ("Distinct.ly," "we," "us," or "our"). By accessing or using DARG, you agree to be bound by these Terms.

DARG is a consumer behavioral intelligence platform that provides data analytics, behavioral profiling, and marketing insights. The platform is offered as a software-as-a-service (SaaS) product accessible via web dashboard and API.

You are responsible for:

• Maintaining the confidentiality of your account credentials and API keys
• All activity that occurs under your account
• Ensuring that your use of DARG complies with applicable laws and regulations
• The accuracy and legality of data you submit to the platform

Your Data: You retain all ownership rights to data you submit to DARG. We process your data solely to provide the services and do not use it for any other purpose.

DARG Output: Insights, reports, and recommendations generated by DARG from your data are licensed to you for your use during the term of your subscription.

DARG Platform: The DARG platform, proprietary behavioral dataset, algorithms, and all related intellectual property remain the exclusive property of Distinctly Marketing, Inc.

We operate a zero-crossover architecture. Your data is processed in an isolated environment and is never shared with, accessible to, or used to benefit any other client. PII is scrubbed on ingestion and raw data is deleted after processing.

You agree not to:

• Use DARG for any unlawful purpose or in violation of any applicable regulations
• Attempt to access other clients' data or environments
• Reverse-engineer, decompile, or disassemble any part of the platform
• Resell, sublicense, or redistribute DARG outputs without authorization
• Submit data that you do not have the right to process

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance and will provide reasonable notice when possible. We are not liable for downtime caused by factors outside our reasonable control.

DARG is provided "as is." To the maximum extent permitted by law, Distinctly Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the platform.

Our total liability for any claim related to these Terms shall not exceed the fees you paid to us in the twelve months preceding the claim.

Either party may terminate the agreement with 30 days written notice. We may suspend or terminate access immediately for material breach of these Terms. Upon termination, all associated data is deleted within 30 days.

We may update these Terms from time to time. We will notify you of material changes by email or through the platform. Continued use of DARG after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.

For questions about these Terms, contact us at legal@distinctlymktg.com.

See also: Privacy Policy | Security