Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you (the "Customer") and dataswap - Data layer for AI agents ("Dataswap", "we", "us"), governing your access to and use of the Dataswap API, the dashboard at dataswap.io and any related services (together, the "Service").

By creating an account, generating an API key, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of an organisation, you represent that you are authorised to bind that organisation.

You must provide accurate account information and keep it current. You are responsible for all activity under your account and API keys, and for keeping your keys confidential. Live keys grant billable access to the Service — never expose them in client-side code or public repositories. Notify us promptly at support@dataswap.io if you suspect a key has been compromised. You may create, rotate and revoke keys at any time from your dashboard.

You agree not to, and not to permit any third party to:

• use the Service in violation of any applicable law, regulation or third-party right;
• attempt to circumvent credit accounting, rate limits, authentication or other technical controls;
• probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure;
• use the Service to build or train a competing data-aggregation product, or to systematically re-create the underlying data source;
• send unlawful, infringing, or abusive queries, or use the Service to collect data in a manner that violates a target platform's terms;
• resell, sublicense, or redistribute raw response data except as expressly permitted in Section 5.

We may suspend or throttle access that we reasonably believe threatens the security, integrity, or availability of the Service or its upstream providers.

Access to the Service is subject to the rate limits and credit costs published in our documentation, which may change over time. We may introduce, adjust, deprecate or remove endpoints and features. Where a change is material and adverse, we will use reasonable efforts to provide advance notice. You are responsible for the queries you submit and for your use of the responses.

The Service normalises data obtained from third-party providers, and from publicly available web sources. Your use of response data is subject to those providers' terms as well as these Terms. You are granted a non-exclusive right to use response data within your own applications and workflows.

You may not resell, redistribute, or publicly republish raw response data as a standalone dataset or feed, or in any manner that exceeds the rights granted by the underlying provider (including those providers' terms). Insights, aggregates and derived products built on top of the data are permitted, provided they do not reconstitute the raw data for redistribution.

The Service operates on prepaid credits. Credits are purchased in advance and consumed as you make billable calls, priced as described in our documentation. Payments are processed by our payment provider (Stripe); by purchasing credits you also agree to their terms.

Credits are prepaid and non-refundable, except where a refund is required by applicable law. Credits have no cash value, are not transferable between accounts, and may expire if stated at the time of purchase. Where a billable call fails on our side (for example, an upstream error), the reserved credits for that call are not committed.

All prices are stated exclusive of VAT. Value Added Tax is added at checkout at the legally applicable rate, and the exact amount is shown before you confirm payment. For customers in Portugal the standard rate of 23% applies. For consumers elsewhere in the European Union the rate of your own country applies, as required for electronically supplied services. Businesses established in another EU member state that provide a valid VAT identification number are not charged VAT, under the reverse-charge mechanism (Article 196 of Directive 2006/112/EC), and remain responsible for accounting for the tax in their own country. Supplies to customers outside the European Union are outside the scope of EU VAT.

VAT becomes due when credits are purchased, not when they are consumed — the Service is prepaid, and credits may be used long after the purchase. You are responsible for giving us a correct billing address and, where you claim business treatment, a valid VAT identification number; we rely on those details to determine the applicable rate. Any refund is made on the amount actually paid, VAT included.

We work to keep the Service available and accurate, but it depends on third-party data providers and the public web, which we do not control. The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data will be complete, current, or accurate. Unless a separate written service-level agreement is in place, no uptime commitment applies.

To the maximum extent permitted by law, Dataswap and its suppliers will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service.

Our total aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the amounts you paid to us for the Service in the 12 months preceding the event giving rise to the claim, or (b) €100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify and hold harmless Dataswap and its officers, employees, and suppliers from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your data, or your breach of these Terms or of any third-party rights.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required to protect the Service or its providers, or if required by law. On termination, your right to use the Service ends and unused credits are forfeited except where non-forfeiture is required by law. Sections that by their nature should survive termination (including data rights, disclaimers, liability limits and indemnities) will survive.

We may update these Terms from time to time. When we make material changes, we will update the date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of Portugal, without regard to its conflict-of-law rules. The courts of Braga will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to any mandatory consumer-protection rights you may have in your country of residence.

Questions about these Terms can be sent to info@dataswap.io or to dataswap - Data layer for AI agents.