Terms of Service

1 - User’s Acknowledgment and Acceptance of Terms

DataEarn, Inc. (“Us” or “We”) provides the www.dataearn.com website (“Site”), through which certain services (“Services”) are provided to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between Us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.These Terms of Use are effective as of January 24th, 2024. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Use and an agreement to abide and be bound by the modified Terms of Use. If you are party to a separate agreement with DataEarn concerning matters addressed by these Terms of Use, such separate agreement shall take precedence in the event of any conflict. As used in these Terms of Use, references to our “Affiliates” include our owners, corporate parents, subsidiaries, affiliated companies, officers, directors, suppliers, and partners.As used in these Terms of Use, references to our “Affiliates” include our owners, corporate parents, subsidiaries, affiliated companies, officers, directors, suppliers, and partners.

2 - Use of Site and Services

This Site and the Services are solely for individuals older than sixteen (16) years and may not be used by minors without the express written consent of a parent or guardian.

3 - Privacy

In order to access some of the Services on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. All Registration Data will be maintained in accordance with our Privacy Policy at https://dataearn.com/privacy-policyBy creating a DataEarn account, you also consent to receive electronic communications from DataEarn (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from Us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information We think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.If you provide your mobile phone number to Us through the Sites or in connection with your order, receipt, or use of our Service(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of DataEarn, including auto-dialed calls and/or text messages, for marketing, promotional, operational or transactional purposes. You may opt-out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you.Following such opt-out, you may continue to receive calls or messages for a short period of time while DataEarn processes your request. It is your responsibility to keep your account information, including your phone number and email, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages We send you. Please contact your mobile phone carrier for details.

4 – Data Access and Analysis

As the holder of a DataEarn account, you may use our Services to gain access to personal data about you (“Your Data”) that is held by third parties, such as social media companies, streaming services, shopping, and ride-sharing companies, and more. See here https://dataearn.com/manage for a list of the third parties for which DataEarn can provide you with a direct link to access Your Data. When you access Your Data through DataEarn, Your Data will be sent directly to you by the third party from whom you requested it, and DataEarn will not receive a copy.If you choose, you can share Your Data with DataEarn, so that DataEarn can analyze and report to you on the ways Your Data is being used by third parties. By submitting Your Data to DataEarn, you agree that DataEarn may store and process Your Data for this purpose, that Your Data has not been edited or modified in any way relative to the form in which you accessed it through DataEarn, and you represent and warrant that you control all the rights in all data you submit to DataEarn for this purpose and that no other person or entity has any rights to the data you submit. If you submit any data to DataEarn that does not belong to you, or submit any edited version of Your Data, or use multiple DataEarn accounts with the same type of data, or establish a new DataEarn account after having been terminated or suspended by DataEarn, or use DataEarn to obtain access to any data that does not belong to you, you will be in material breach of these Terms of Use, and DataEarn reserves the right to terminate your account immediately.

5 – DataStore

A. Opting InAs the holder of a DataEarn account, you may also opt-in to participate in our DataStore. If you opt-in, you can decide to share Your Data with one or more third parties (“Buyers”) who will pay you for the right to use Your Data in ways you permit. In exchange, each Buyer will make payments (each a “Payment”) to DataEarn, from which DataEarn will retain a percentage (“DataEarn Share”) and pass along the remainder of the Payment (“Your Share”) to you. By submitting Your Data to DataEarn for participation in the DataStore, you agree that DataEarn and each Buyer may store and process Your Data for this purpose, and you represent and warrant that you own all rights in all data you submit to DataEarn for this purpose. You may opt-in for participation in the DataStore at any time, whether or not any Buyers elect to access Your Data at the time you opt-in.WHEN YOU OPT-IN TO PARTICIPATE IN THE DATASTORE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) DATAEARN (OR OUR THIRD-PARTY PAYMENT PROCESSOR(S)) IS AUTHORIZED TO RECEIVE AND RETAIN THE APPLICABLE DATAEARN SHARE OF EACH PAYMENT A BUYER MAKES IN EXCHANGE FOR ACCESS TO AND USE OF YOUR DATA, AND (B) YOUR PARTICIPATION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE PARTICIPATION. THE APPLICABLE DATAEARN SHARE WILL BE SET FORTH DURING THE OPT-IN PROCESS. THE DATAEARN SHARE AND YOUR SHARE MAY VARY DEPENDING ON WHAT DATA IS PURCHASED FROM THE BUYER.B. Cancellation PolicyYOU MAY CANCEL YOUR PARTICIPATION IN THE DATASTORE AT ANY TIME BY EMAILING team@dataearn.com. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY SHARE OF PAYMENTS YOU RECEIVE FROM DATAEARN PRIOR TO THE CANCELLATION OF YOUR PARTICIPATION. PLEASE BE AWARE THAT THIS CANCELLATION DOES NOT AFFECT THE FINALITY OF ANY SALES PRIOR TO YOUR REQUEST.C. Payment InformationBy opting into the DataStore, you authorize Us (or our third-party payment processor(s)) to deduct the DataEarn Share for all Payments made by Buyers in exchange for permitted access to and use of Your Data. You agree to provide and keep current a valid payment method by which DataEarn can remit Your Share of the Payments to you. In the event you want to change or update payment information associated with your DataEarn account, you can do so at any time by logging into your account and editing your payment information, or by emailing team@dataearn for help.D. AvailabilityWe reserve the right to change our DataStore Services and other Service offerings, and to adjust DataEarn Shares as We may determine in our sole discretion, at any time and without notice; provided, however, that if We change the amounts or other charges associated with your then-current participation in the DataStore, We will provide advance notice of such changes via one of the means described in Section 3 above. Your continuing participation in DataStore after our delivery of such notice will confirm your acceptance of such changes unless you cancel your participation in accordance with the cancellation policy set forth in Section 4(B) above.

6 - Disclaimer of Warranties

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO YOUR USE OF THE SITE AND THE SERVICES. WE ATTEMPT TO DISPLAY THE CONTENT AND INFORMATION YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH CONTENT AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITES, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR SERVICES PROVIDED BY OR DISPLAYED THROUGH A THIRD-PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.THE SITES, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, SERVICES AND CONTENT.

7 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, VENDORS OR CONTRACTORS (COLLECTIVELY “DATAEARN PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES, SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY DATAEARN PARTY, OR FROM EVENTS BEYOND THE DATAEARN PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE DATAEARN PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE DATAEARN PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS TO OR USE OF THE SITES, SERVICES OR CONTENT EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE DATAEARN PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE DATAEARN PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH DATAEARN PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”THE LIMITATIONS SET FORTH IN THIS SECTION 6 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY SERVICES YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

8 - Intellectual Property Information

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or heard by users on our site. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Sites is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of DataEarn and/or its Affiliates.DataEarn and the DataEarn logo are registered trademarks, trademarks, or service marks of DataEarn or its Affiliates. All graphics, icons, logos, and service names used on the Site are the proprietary trademarks or service marks of DataEarn or its Affiliates. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of DataEarn or its Affiliates.

9 - Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and We reserve the right to immediately terminate your account if you do transfer or share your account.

10 - Dispute Resolution

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf, arising out of or relating to federal or state statutory claims, common law claims, these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY, before one arbitrator.The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial District in which DataEarn’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of either party seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract, and this contract does not provide such authorization. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section 12 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 9 or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.

11 - Governing Law

This site is controlled by Us from our offices within the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of New York, by accessing this site you agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Sites and the purchase of Services. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of New York with respect to such matters.

12 - Notices

All notices to a party shall be in writing and shall be made either via email, postal mail or overnight courier. Notices to Us must be sent to team@dataearn.com if by email, or at DataEarn, Inc., One Seaport Plaza, 199 Water Streeet, New York NY 10038 if by postal mail or courier. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

13 - Entire Agreement

These Terms of Use constitute the entire agreement and understanding between you and Us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Services which are subject to additional or altered terms and conditions shall be null and void unless otherwise agreed to in a written agreement signed by you and Us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

14 - Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of our Services shall be subject to this Agreement unless explicitly stated otherwise in writing.

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