Terms of Service

Better Data, Inc.
Terms of Service
Commerce Chain Optimization Platform
Effective Date: March 4, 2026

These Terms of Service ("Agreement") constitute a legal agreement between Better Data, Inc. ("Better Data," "we," "us," or "our"), a Delaware corporation, and you ("Customer," "you," or "your"). This Agreement governs your access to and use of Better Data's open-source software packages, the hosted Commerce Chain Optimization platform, the Admin Control Plane, the Commerce Gateway, the OSS Registry, and all related services, documentation, and APIs (collectively, the "Services").
BY CLICKING "I AGREE," ACCESSING THE SERVICES, OR EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. Definitions
As used in this Agreement:

"Admin Control Plane" means the SuperAdmin interface at admin.betterdata.co, used by Better Data personnel to manage tenant lifecycle, module provisioning, and platform-level configuration.
"Authorized Users" means Customer's employees, contractors, and agents authorized by Customer to access the Services on Customer's behalf, including AI Agents acting under Customer's authorization.
"AI Agent" means an autonomous software agent powered by a large language model (including, without limitation, Anthropic Claude, OpenAI ChatGPT, and xAI Grok) that interacts with the Commerce Gateway via Remote MCP or SSE transport on behalf of an Authorized User or automated workflow.
"Commerce Gateway" means Better Data's LLM-discoverable commerce gateway service, including MCP server interfaces and Remote MCP/SSE transport, accessible at api.betterdata.co.
"Customer Data" means all data, content, and information submitted to or processed by the Services by or on behalf of Customer or its Authorized Users, including supply chain records, inventory data, procurement data, Signal Tag events, lot tracking records, loop execution state, and AI Agent interaction payloads.
"Documentation" means the technical and user documentation made available by Better Data for the Services at docs.betterdata.co.
"Drift Detection" means the platform's scheduled reconciliation worker that compares expected versus observed module state per organization and flags discrepancies.
"Hosted Services" means the Hosted SCM, Commerce Gateway, and OSS Registry, collectively.
"Hosted SCM" means Better Data's multi-tenant, cloud-hosted supply chain management application at app.betterdata.com.
"Loop" means the atomic unit of work in the Better Data platform — a state machine governing a discrete business process (e.g., a purchase order fulfillment, an inventory replenishment cycle, or a returns authorization). Loop completions are the basis for outcome-based billing.
"Loop Audit Trail" means the tamper-evident record of every Loop state transition, including actor identity, timestamp, correlationId, and causationId, generated as a natural output of the loop-native architecture.
"Order Form" means a written or electronic order or subscription agreement that references this Agreement and specifies the Services purchased, pricing model, and usage commitments.
"OSS Registry" means Better Data's public package and schema registry at registry.betterdata.co, enabling discovery and installation of OSS Software packages.
"OSS Software" means the open-source components of Better Data's software released under the Apache License, Version 2.0, as listed in Section 2.1 and published on npm and the OSS Registry.
"Outbox Relay" means the platform's database-backed channel log for cross-module event delivery, which does not rely on an external message broker.
"Proprietary Runtime" means the closed-source components of the platform, including the Loop Engine, Loop Preloader, Loop State Sync, Platform Kernel, and Catalog Intelligence modules, which are never published as OSS and are licensed solely under this Agreement.
"Provisioning Lifecycle" means the asynchronous, auditable, retryable saga governing tenant onboarding, with per-module states: REQUESTED → PROVISIONING → ACTIVE → SUSPENDED → FAILED.
"Signal Tag" means Better Data's hardware-blockchain product authentication technology, using the @betterdata/signal-tags-schema specification, for anti-counterfeit verification and chain-of-custody tracking.
"Subscription Period" means the period specified in an applicable Order Form during which Customer is authorized to use the Hosted Services.
"Tenant" means a separate logical instance of the Hosted SCM provisioned for Customer, governed by the Provisioning Lifecycle.
"TenantCapabilitySnapshot" means the computed entitlements record published to platform modules, representing the authoritative state of a Tenant's enabled features and tier limits.
"Aggregated Data" means anonymized, aggregated statistical data derived from Customer Data that does not identify Customer or any individual.

2. Open-Source Software
2.1 Published OSS Packages
The following Better Data packages are released under the Apache License, Version 2.0 ("Apache 2.0"), and are available on npm and the OSS Registry:

Supply Chain Management (SCM) packages:
	•	@betterdata/scm-contracts — contract types, interfaces, and event schemas
	•	@betterdata/scm-inventory — inventory state management and lot tracking
	•	@betterdata/scm-catalog — product catalog and classification primitives
	•	@betterdata/scm-procurement — purchase order lifecycle schemas and types
	•	@betterdata/scm-execution — execution layer contracts and fulfillment schemas

Demand Chain Management (DCM) packages:
	•	@betterdata/dcm-contracts — demand chain interface contracts and event schemas
	•	@betterdata/dcm-demand — demand forecasting schemas and signal types
	•	@betterdata/dcm-orders — order lifecycle state and fulfillment schemas
	•	@betterdata/dcm-returns — returns authorization and reverse logistics schemas

Authentication / Traceability:
	•	@betterdata/signal-tags-schema — Signal Tag JSON Schema (draft-07), EPCIS and FireFly adapter mappings, and conformance tests

Nothing in this Agreement limits your rights under the Apache 2.0 license. If there is a conflict between this Agreement and the Apache 2.0 license, the Apache 2.0 license governs solely with respect to the applicable OSS Software.
2.2 Proprietary Runtime — Not Open Source
The following internal packages constitute the Proprietary Runtime and are NOT open-source. They are licensed solely under Section 3 of this Agreement and may not be accessed, reverse-engineered, or distributed:
	•	@betterdata/loop-engine-internal
	•	@betterdata/loop-preloader-internal
	•	@betterdata/loop-state-sync-internal
	•	@betterdata/platform-kernel-internal
	•	@betterdata/catalog-intelligence-internal
2.3 No Warranty for OSS
The OSS Software is provided "as is" without warranty of any kind. Better Data disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to OSS Software.
2.4 Self-Hosted Deployments
If you deploy the OSS Software on your own infrastructure ("Self-Hosted"), you are solely responsible for installation, configuration, security, maintenance, backups, and regulatory compliance. Better Data's support obligations under this Agreement do not apply to Self-Hosted deployments unless covered by a separate support agreement.
2.5 Contributions
Contributions to Better Data's OSS repositories are governed by the Contributor License Agreement (CLA) applicable to that repository. By submitting a pull request or other contribution, you represent that you have the necessary rights and have reviewed the applicable CLA.

3. Hosted Services
3.1 Access License
Subject to this Agreement and timely payment of applicable fees, Better Data grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Hosted Services during the Subscription Period solely for Customer's internal business operations and subject to any usage limitations in the applicable Order Form.
3.2 Authorized Users
Customer may permit Authorized Users (including AI Agents, subject to Section 3.5) to access the Services. Customer is responsible for all acts and omissions of its Authorized Users and for ensuring they comply with this Agreement. Customer will promptly notify Better Data if it becomes aware of any unauthorized access.
3.3 Tenant Isolation and Provisioning
The Hosted SCM is a multi-tenant platform. Better Data implements technical controls to logically isolate each Tenant's data, including TenantCapabilitySnapshot-based entitlement enforcement and per-module lifecycle management. Customer acknowledges that:
	•	Customer will not attempt to access another Tenant's environment, data, or configuration.
	•	Tenant provisioning follows the Provisioning Lifecycle (REQUESTED → PROVISIONING → ACTIVE → SUSPENDED → FAILED), which is asynchronous and auditable.
	•	Drift Detection workers periodically reconcile expected versus observed module state; discrepancies may trigger automated remediation or admin alerts.
3.4 OSS Registry
The OSS Registry at registry.betterdata.co provides package and schema discovery for the OSS Software. Registry access for public packages requires only account registration. Merchant and Admin registry tiers require approval by Better Data and are subject to separate terms specified in the Order Form.
3.5 Commerce Gateway and AI Agent Interactions
The Commerce Gateway enables AI-assisted commerce interactions through third-party large language model platforms via Remote MCP/SSE transport. Customer acknowledges that:
	•	AI Agents interacting with the Commerce Gateway act on behalf of Authorized Users and are subject to all restrictions applicable to Authorized Users under this Agreement.
	•	Customer is responsible for all actions taken by AI Agents operating under Customer's API credentials or OAuth tokens, including actions that modify data, trigger Loop executions, or initiate transactions.
	•	AI-generated outputs may be inaccurate, incomplete, or unsuitable for specific purposes. Customer bears sole responsibility for verifying any AI-generated output before relying on it in regulated or commercial contexts.
	•	Better Data does not control third-party AI Platforms and is not responsible for their availability, accuracy, output quality, or policy changes.
	•	Customer Data transmitted through the Commerce Gateway to third-party AI Platforms is subject to those platforms' terms of service and privacy policies. Customer should review those policies before enabling AI integrations.
	•	Better Data may implement rate limiting, input filtering, output moderation, and usage quotas on the Commerce Gateway.
	•	Use of the Commerce Gateway to generate outputs intended to deceive, manipulate, or harm end consumers, or to circumvent regulatory requirements applicable to regulated supply chains, is strictly prohibited.
3.6 Signal Tags and Product Authentication
Signal Tags and product authentication features are subject to availability, hardware compatibility requirements, and geographic limitations. Customer acknowledges that:
	•	Signal Tag authentication events are recorded on-chain via blockchain ledger entries. Due to the immutable nature of distributed ledger technology, these on-chain records cannot be deleted. Accordingly, certain Signal Tag event data may be subject to blockchain immutability limitations with respect to data erasure requests. See Better Data's Privacy Policy and DPA for how Better Data manages this limitation under GDPR and applicable law.
	•	Better Data does not warrant that Signal Tags will detect every counterfeit or that all authentication attempts will succeed.
	•	Signal Tag events are incorporated into the Loop Audit Trail and may constitute compliance artifacts under DSCSA, FDA 21 CFR Part 11, or other applicable regulations.
3.7 Loop Audit Trail
The loop-native architecture generates a tamper-evident Loop Audit Trail as a natural output of platform operation. The Loop Audit Trail records every state transition with actor identity, timestamp, correlationId, and causationId. This audit trail is available to Customer as a compliance artifact and may be used to satisfy requirements under HIPAA, DSCSA, FDA 21 CFR Part 11, SOC 2, and similar frameworks.

4. Admin Control Plane
4.1 SuperAdmin Access
The Admin Control Plane (admin.betterdata.co) is operated exclusively by Better Data personnel and provides platform-level management of tenant lifecycle, module provisioning, entitlement configuration, and security controls. Customer does not have direct access to the Admin Control Plane unless expressly granted in a signed enterprise agreement.
4.2 Identity and Access Management
Admin Control Plane access is governed by Okta Workforce Identity with multi-factor authentication enforced. Access is audited and subject to Better Data's internal access control policies, which are available upon request under NDA as part of compliance due diligence.
4.3 Tenant Lifecycle Management
Better Data reserves the right to transition a Tenant's provisioning state (including to SUSPENDED or FAILED) as necessary to maintain platform integrity, respond to security incidents, or comply with applicable law. Better Data will provide reasonable notice of planned state transitions except in emergency circumstances.

5. Customer Obligations and Acceptable Use
5.1 Account Registration
Customer must provide accurate, current, and complete registration information. Customer is responsible for maintaining the confidentiality of account credentials and for all activities under its account. Customer must immediately notify Better Data at security@betterdata.co of any suspected unauthorized account access.
5.2 Acceptable Use
Customer agrees not to, and will not permit Authorized Users or AI Agents to:
	•	Use the Services for any unlawful purpose or in violation of applicable laws or regulations, including export control, sanctions, healthcare, pharmaceutical, and food safety laws.
	•	Infringe, misappropriate, or violate the intellectual property or privacy rights of any third party.
	•	Upload, transmit, or store content that is illegal, harmful, fraudulent, harassing, defamatory, obscene, or otherwise objectionable.
	•	Attempt to gain unauthorized access to any portion of the Services, other Tenants' data, or Better Data's infrastructure.
	•	Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Proprietary Runtime.
	•	Use the Services to build a competing product or service, or to benchmark the Services for publication without Better Data's prior written consent.
	•	Introduce malware, viruses, Trojan horses, or other harmful code into the Services or the OSS Registry.
	•	Use the Commerce Gateway or AI Agents to generate outputs intended to deceive, manipulate, or harm end consumers or to bypass compliance controls in regulated supply chains.
	•	Circumvent any technical limitations, usage limits, rate limits, or security controls in the Services.
	•	Resell, sublicense, or provide access to the Services to third parties except as expressly permitted in an Order Form.
	•	Use the Services in any manner that could damage, overburden, or impair the Services or interfere with other Tenants' use.
5.3 Customer Data Responsibility
Customer is solely responsible for the accuracy, legality, and appropriateness of Customer Data. Customer represents and warrants that it has all rights, consents, and permissions necessary to submit Customer Data to the Services and to authorize Better Data to process it as described in this Agreement and any applicable DPA.
5.4 Regulated Industries
Customers operating in regulated verticals (Healthcare, Pharma, Manufacturing, Food & Beverage, Construction) are solely responsible for determining whether and how the Services satisfy their specific regulatory obligations. Better Data's Loop Audit Trail, SBOM generation (CycloneDX), and Signal Tags authentication features are designed to assist with compliance but do not constitute legal or regulatory advice, and their use does not guarantee compliance.

6. Fees and Payment
6.1 Outcome-Based and Subscription Fees
Better Data offers both subscription-based and outcome-based pricing models. Outcome-based fees are calculated based on Loop completions (successfully completed business process cycles) as specified in the applicable Order Form. The Order Form will specify:
	•	The pricing model (subscription, outcome-based, or hybrid);
	•	The applicable Loop types subject to billing;
	•	Any committed usage minimums or volume tiers;
	•	The billing period and reconciliation schedule.
6.2 Billing and Payment
Better Data will invoice Customer in accordance with the Order Form. Invoices are due and payable within thirty (30) days of the invoice date unless otherwise specified. Outcome-based fees are reconciled at the end of each billing period based on Loop completion telemetry recorded in the Loop Audit Trail. Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower).
6.3 Taxes
Fees do not include taxes. Customer is responsible for all applicable sales, use, VAT, GST, or similar taxes, excluding taxes based on Better Data's net income.
6.4 Disputes
Customer must notify Better Data in writing within thirty (30) days of receiving an invoice of any good-faith dispute regarding Loop completion counts or fee calculations. Undisputed amounts remain due and payable.
6.5 Free Tier and Trial
Better Data may offer a free tier or trial period. Free tier and trial users receive Services "as is" without SLA commitments, support guarantees, or uptime warranties. Better Data may discontinue a free tier or trial at any time with thirty (30) days' notice.

7. Intellectual Property
7.1 Better Data IP
As between the parties, Better Data retains all right, title, and interest in and to the Hosted Services (excluding OSS Software covered by Apache 2.0), the Proprietary Runtime, the Commerce Gateway protocols, Signal Tag technology and schema, Loop Engine architecture, Documentation, and all improvements, modifications, and derivative works thereof. No rights are granted to Customer except as expressly set forth in this Agreement.
7.2 Customer Data Ownership
Customer retains all right, title, and interest in and to Customer Data. Customer grants Better Data a limited, non-exclusive, worldwide license to access, process, transmit, and store Customer Data solely to provide the Services and as otherwise permitted under this Agreement and any applicable DPA.
7.3 Aggregated Data
Better Data may collect and use Aggregated Data for service improvement, analytics, benchmarking, and feature development, provided that such Aggregated Data does not identify Customer or any individual.
7.4 Feedback
If Customer provides feedback, suggestions, or recommendations about the Services, Customer grants Better Data a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such Feedback without any obligation to Customer.
7.5 OSS Contributions and Derivative Works
Derivative works of the OSS Software are governed by the Apache License, Version 2.0. Any such derivative works that Customer contributes back to Better Data's repositories are subject to the applicable CLA. Better Data does not claim ownership of Customer-authored standalone applications that use the OSS Software as a library dependency without modification.

8. Confidentiality
8.1 Confidential Information
Each party may receive non-public, proprietary information of the other party ("Confidential Information"). Customer Data is Customer's Confidential Information. The terms and pricing of this Agreement, Better Data's technology, Proprietary Runtime, loop architecture, and business operations are Better Data's Confidential Information.
8.2 Obligations
Each party agrees to: (a) use the other party's Confidential Information solely for purposes of this Agreement; (b) protect Confidential Information with at least the same degree of care used to protect its own confidential information, but no less than reasonable care; and (c) not disclose Confidential Information to third parties without prior written consent, except to personnel who have a need to know and are bound by confidentiality obligations at least as protective as this Agreement.
8.3 Exclusions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction; (c) was independently developed without use of Confidential Information; or (d) must be disclosed by law or court order, provided the receiving party gives prompt written notice and cooperates in seeking a protective order.

9. Data Privacy and Security
9.1 Data Processing
Better Data will process Customer Data in accordance with Better Data's Privacy Policy (betterdata.co/privacy) and any applicable Data Processing Agreement ("DPA") executed by the parties. To the extent required by applicable data protection law (including GDPR, CCPA/CPRA, HIPAA, or similar regulations), the parties will enter into a DPA incorporating Standard Contractual Clauses as required.
9.2 Security Measures
Better Data implements and maintains commercially reasonable technical, organizational, and administrative security measures designed to protect Customer Data, including:
	•	Encryption in transit (TLS 1.2+) and at rest (AES-256)
	•	Multi-factor authentication for Admin Control Plane access via Okta Workforce Identity
	•	Role-based access control enforced via TenantCapabilitySnapshot
	•	Loop Audit Trail for tamper-evident activity logging
	•	Drift Detection for module state integrity monitoring
	•	Vulnerability management and periodic security assessments
	•	Sub-processor due diligence and contractual data protection obligations
9.3 Security Incidents
Better Data will notify Customer without undue delay (and in any event within 72 hours of becoming aware) of a confirmed security incident that results in unauthorized access to or disclosure of Customer Data. Better Data will provide reasonable assistance to Customer in meeting applicable breach notification obligations.
9.4 HIPAA
For Customers subject to HIPAA that require processing of Protected Health Information ("PHI") through the Services, Better Data will execute a Business Associate Agreement ("BAA") as a separate written agreement. The Services are not intended to process PHI unless a BAA is in place. Customer is responsible for ensuring it does not submit PHI to the Services without an executed BAA.
9.5 SBOM and Software Supply Chain
Better Data generates Software Bills of Materials (SBOM) in CycloneDX format for the Hosted Services upon request by Enterprise customers. SBOMs are provided as part of Better Data's compliance posture for regulated verticals including Healthcare, Pharma, and federal government customers, in alignment with NIST, CISA, and HHS 405(d) guidance.
9.6 Sub-Processors
Better Data may engage sub-processors (including cloud infrastructure providers, identity providers, payment processors, and AI platform providers) to assist in providing the Services. The current sub-processor list is available at betterdata.co/trust/sub-processors. Better Data will ensure sub-processors are bound by data protection obligations substantially equivalent to those in this Agreement.

10. Service Availability and Support
10.1 Availability Commitment
Better Data targets 99.5% monthly uptime for the Hosted SCM and Commerce Gateway for paid subscribers. Uptime is measured as the percentage of minutes in a calendar month during which the core Services are available, excluding Scheduled Maintenance, force majeure events, Outbox Relay delays attributable to external dependencies, and factors outside Better Data's reasonable control.
10.2 Scheduled Maintenance
Better Data will provide at least 48 hours advance notice for Scheduled Maintenance expected to cause material service interruption, except for emergency security patches.
10.3 Service Credits
If Better Data fails to meet the uptime commitment, paid subscribers may request service credits as their sole and exclusive remedy for uptime failures. Credits are calculated as: (i) 10% of monthly fees for uptime between 99.0%–99.5%; (ii) 25% of monthly fees for uptime below 99.0%. Credits must be requested within 30 days of the incident.
10.4 Support
Technical support is available to paid subscribers at betterdata.co/support or support@betterdata.co. Support tiers and response time targets are specified in the Order Form. Free tier and trial users may access community support only.

11. Suspension and Termination
11.1 Suspension
Better Data may suspend Customer's access to the Services immediately upon notice if: (a) Customer breaches Section 5 (Acceptable Use); (b) Customer's account is more than 30 days past due; (c) Better Data determines suspension is necessary to protect the security or integrity of the Services or other Tenants; or (d) required by applicable law. Better Data will restore access promptly after the basis for suspension is resolved.
11.2 Termination for Cause
Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure within 30 days of written notice. Either party may immediately terminate if the other party becomes insolvent or subject to bankruptcy proceedings.
11.3 Termination for Convenience
Either party may terminate this Agreement or any Order Form without cause upon 30 days' written notice. Better Data may terminate with 90 days' notice if it decides to discontinue a Service generally.
11.4 Effect of Termination
Upon termination: (a) all licenses granted under this Agreement immediately terminate; (b) Customer will cease accessing the Services; (c) Better Data will make Customer Data available for export for 30 days post-termination, after which Better Data may delete Customer Data in accordance with its retention and deletion procedures. Sections 7, 8, 9, 12, 13, 14, and 15 survive termination.

12. Warranties and Disclaimers
12.1 Mutual Warranties
Each party represents and warrants that: (a) it has the legal authority to enter into this Agreement; (b) its execution and performance does not violate applicable law or any agreement to which it is a party; and (c) it will comply with all applicable laws and regulations.
12.2 Better Data Warranties
Better Data warrants that: (a) the Hosted Services will perform materially in accordance with the Documentation; and (b) it will implement the security measures described in Section 9.2.
12.3 Disclaimer
Except as expressly set forth in this Agreement, the Services and OSS Software are provided "as is" and "as available." Better Data disclaims all other warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Better Data does not warrant that the Services will be uninterrupted or error-free, that all defects will be corrected, or that AI Agent outputs will be accurate or suitable for regulated decision-making.

13. Limitation of Liability
13.1 Exclusion of Consequential Damages
To the maximum extent permitted by applicable law, in no event will either party be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, business opportunities, or goodwill, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.
13.2 Cap on Liability
Each party's total aggregate liability arising out of or related to this Agreement, whether in contract, tort, or otherwise, will not exceed the greater of: (a) the total fees paid by Customer to Better Data in the twelve (12) months immediately preceding the claim; or (b) one thousand U.S. dollars ($1,000).
13.3 Exceptions
The exclusions and limitations in Sections 13.1 and 13.2 do not apply to: (a) either party's indemnification obligations; (b) either party's breach of confidentiality obligations; (c) Customer's payment obligations; (d) gross negligence or willful misconduct; or (e) death or personal injury caused by a party's negligence.

14. Indemnification
14.1 Better Data Indemnification
Better Data will defend Customer against any third-party claim alleging that the Hosted Services (excluding OSS Software, third-party components, and AI Platform outputs) infringe or misappropriate a patent, copyright, trademark, or trade secret, and will indemnify Customer for damages finally awarded. This obligation does not apply if the alleged infringement arises from: (a) Customer's modification of the Services; (b) combination with non-Better Data products; (c) Customer Data; or (d) Customer's failure to use a provided update.
14.2 Customer Indemnification
Customer will defend and indemnify Better Data against any third-party claim arising from: (a) Customer Data; (b) Customer's breach of this Agreement or applicable law; (c) Customer's misuse of the Services or Commerce Gateway; (d) actions taken by AI Agents under Customer's credentials; or (e) Customer's products or services built using the Services.
14.3 Indemnification Process
The indemnifying party's obligations are conditioned on the indemnified party: (a) providing prompt written notice; (b) granting the indemnifying party sole control of the defense and settlement; and (c) cooperating in the defense at the indemnifying party's expense.

15. General Terms
15.1 Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered by JAMS under its Commercial Arbitration Rules, with proceedings in English in San Francisco, California. Either party may seek emergency injunctive relief in any court of competent jurisdiction.
15.2 Modifications
Better Data may modify this Agreement by posting updated terms at betterdata.co/terms. For material changes, Better Data will provide at least 30 days' notice via email or in-product notification. Continued use after the effective date constitutes acceptance. If Customer objects, Customer's sole remedy is termination under Section 11.3.
15.3 Entire Agreement
This Agreement, together with all Order Forms, DPA, and applicable BAA, constitutes the entire agreement between the parties and supersedes all prior agreements. In the event of a conflict, the order of precedence is: (1) Order Form, (2) BAA (for PHI), (3) DPA, (4) this Agreement.
15.4 Assignment
Neither party may assign this Agreement without the other party's prior written consent, except in connection with a merger, acquisition, or sale of all or substantially all assets. Any purported assignment in violation of this section is void.
15.5 Export Compliance
Customer agrees to comply with all applicable export control laws, including U.S. Export Administration Regulations and OFAC sanctions. Customer represents it is not located in a U.S.-embargoed country and is not on any U.S. government prohibited or restricted party list.
15.6 Force Majeure
Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, pandemics, war, internet or telecommunications failures, or governmental actions, provided the affected party gives prompt notice and uses reasonable efforts to mitigate.
15.7 Publicity
Better Data may use Customer's name and logo to identify Customer as a customer in marketing materials, subject to trademark usage guidelines provided by Customer. Customer may opt out by written notice.
15.8 Notices
All notices must be in writing and sent to the address or email specified in the Order Form or, for Better Data, to legal@betterdata.co. Notices by email are effective when acknowledged.
15.9 Relationship of Parties
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
15.10 U.S. Government Rights
The Services are "commercial items" as defined in FAR 2.101. U.S. Government users' rights are limited to those granted to all other customers under this Agreement.

16. Contact
Better Data, Inc.  |  betterdata.co
Legal: legal@betterdata.co
Security: security@betterdata.co
Support: support@betterdata.co
Current version always available at: betterdata.co/terms