Effective May 20, 2026

These Terms of Service (“Terms”) form a binding agreement between you and Impel Intelligence, Inc., a Delaware corporation (“Datapoint,” “we,” “us,” or “our”), and govern your access to and use of the Datapoint website at trydatapoint.com, our APIs, dashboards, software development kits, and related services (collectively, the “Service”). By creating an account, clicking “I agree,” or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to both you and that organization.

PLEASE READ SECTION 14 (DISPUTE RESOLUTION; ARBITRATION) CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND LIMITS YOUR ABILITY TO BRING CLASS ACTIONS, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW.

1. The Service

Datapoint is a consumer research platform. Customers submit natural-language questions and receive AI-synthesized reports based on responses collected from real human participants, including users of partner mobile applications who encounter our questions through in-app placements. The Service includes the website, customer dashboard, APIs, our software development kit (the “SDK”), reports, datasets, and any associated tooling we make available.

We may add, modify, or discontinue features at any time. We will use commercially reasonable efforts to notify you of material changes that adversely affect paid features.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You may not use the Service if you are barred from doing so under applicable law.

You are responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activity that occurs under your account; and (c) promptly notifying us of any unauthorized access. We may suspend or terminate accounts that we reasonably believe are inactive, fraudulent, or in violation of these Terms.

3. Customer Plans, Credits, and Payment

Access to certain features requires a paid subscription or the purchase of credits (“Credits”). Credits are consumed when you submit questions, request reports, or use other metered features, in the amounts described in your plan or order form. Pricing, Credit pack sizes, and consumption rates are posted at trydatapoint.com and may change prospectively on notice.

Fees are billed in advance and are non-refundable except where required by law or as expressly stated in your order form. Credits expire as set out in your plan and have no cash value. You authorize us and our payment processors to charge your payment method for all fees, applicable taxes, and renewals. If a payment fails, we may suspend the Service until payment is received.

Subscriptions renew automatically for successive terms unless you cancel before the renewal date through your account settings or by contacting us. Cancellation takes effect at the end of the then-current term.

4. Customer Content and Reports

“Customer Inputs” means the questions, prompts, target audiences, screening criteria, brand assets, and other materials you submit to the Service. “Reports” means the synthesized outputs, analyses, charts, and underlying anonymized response data we deliver to you through the Service.

As between you and us, you retain ownership of your Customer Inputs. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use your Customer Inputs to provide and improve the Service, to train, evaluate, and operate AI and analytic models used in the Service, and to produce aggregated and de-identified statistics, in each case in accordance with our Privacy Policy.

Subject to your payment of applicable fees and compliance with these Terms, Datapoint grants you a worldwide, non-exclusive, non-transferable license during the term to use Reports for your internal business purposes, including sharing within your organization and including findings (without redistributing the underlying raw response dataset) in marketing, investor, and editorial materials, provided you do not misrepresent the methodology and attribute Datapoint where reasonably appropriate.

You may not (a) resell or sublicense raw response-level data extracted from Reports as a standalone dataset; (b) use Reports to re-identify any individual respondent; or (c) use Reports in a manner that violates these Terms or applicable law.

5. Respondent Data and Methodology

Responses are collected from real human participants who encounter Datapoint questions through partner mobile applications and other distribution channels. Because responses are gathered in real-world consumer contexts rather than from professional survey panels, sample composition and response rates will vary. We use commercially reasonable methods to detect low-quality responses, but we do not guarantee that any specific Report is free of error, bias, or non-representative responses.

Reports are provided for informational purposes and are not a substitute for independent professional judgment. You are responsible for any decisions you make based on Reports.

6. Acceptable Use

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

• use the Service to harass, defame, threaten, or discriminate against any person, or to collect responses on topics intended to cause psychological harm;
• submit questions that solicit personally identifying information about identifiable individuals other than the respondent, or that attempt to re-identify respondents;
• submit content that is unlawful, infringes intellectual property or privacy rights, or violates platform policies of our distribution partners;
• use the Service to make decisions about an individual that have legal or similarly significant effects on them, including employment, credit, housing, insurance, or healthcare eligibility decisions;
• reverse engineer, decompile, scrape, or attempt to derive the source code, models, or training data underlying the Service, except to the extent this restriction is prohibited by applicable law;
• interfere with the integrity or performance of the Service, including by submitting malicious code, spam, automated traffic, or by circumventing rate limits, authentication, or quality controls;
• use the Service to develop a competing product, or to benchmark the Service without our prior written consent;
• misrepresent the source, methodology, or sample size of Reports; or
• violate any applicable law, regulation, or third-party right in connection with your use of the Service.

7. SDK and Publisher Terms

If you install or integrate the Datapoint SDK into a mobile application or other distribution surface (a “Publisher Integration”), the following additional terms apply.

7.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to integrate the SDK into applications you own or have the right to integrate, solely to display research questions to end users and transmit responses to the Service.

7.2 Publisher Obligations

• You will display research placements only in contexts and to end users who have provided any disclosures and consents required by applicable law and by the platforms (e.g., Apple App Store, Google Play) on which your application is distributed.
• You will not target placements to users you know to be under the age of 13 (or the applicable minimum age in your jurisdiction), and you will comply with all child-directed-content rules of the platforms on which your application is distributed.
• You will accurately represent to us the nature of your application, traffic sources, and user base. You will not generate fraudulent, incentivized in a manner that compromises response quality, or bot-driven responses.
• You are responsible for your privacy policy and for disclosing the collection and processing of response data through the SDK consistent with this Service.

7.3 Payments

Revenue share, CPM, or other publisher compensation is set forth in your separate publisher order form or dashboard. Datapoint does not guarantee any specific level of fill rate, response volume, or revenue, except to the extent expressly and in writing committed by us in your order form.

7.4 Suspension

We may suspend or terminate any Publisher Integration that we reasonably believe is generating low-quality responses, violating platform policies, harming end users, or otherwise breaching these Terms.

8. AI-Generated Outputs

Reports incorporate outputs from large language models and other AI systems operated by us or our subprocessors. AI outputs can be incomplete, inaccurate, or out of date; can reflect biases present in underlying response data; and may, in similar form, be generated for other Datapoint customers. You are responsible for reviewing AI-generated content before relying on it, and for ensuring its suitability for your use case.

As between you and us, and to the extent permitted by applicable law, you own the specific Reports generated for you. We retain all rights in the Service, the underlying models, prompts, scaffolding, and methodologies used to produce Reports.

9. Confidentiality

Each party may disclose confidential information to the other in connection with the Service. The receiving party will: (a) use confidential information only to exercise its rights and perform its obligations under these Terms; (b) protect it using the same degree of care it uses for its own similar information, and in no event less than reasonable care; and (c) limit access to personnel and contractors with a need to know who are bound by comparable confidentiality obligations. These obligations do not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law (with notice where permitted).

10. Intellectual Property

Datapoint, the Service, and all related software, models, designs, logos, and documentation are owned by Impel Intelligence, Inc. or its licensors and are protected by intellectual property laws. Except for the limited licenses expressly granted in these Terms, no rights are granted to you. Any feedback you provide is given freely and may be used by us without restriction or obligation.

11. Third-Party Services

The Service may interoperate with third-party services (e.g., payment processors, identity providers, distribution platforms, AI providers, analytics tools). Your use of those services is governed by their own terms, and we are not responsible for their acts or omissions.

12. Disclaimers

THE SERVICE AND ALL REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT REPORTS WILL BE ACCURATE, COMPLETE, OR REPRESENTATIVE OF ANY POPULATION.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

14. Dispute Resolution; Arbitration

14.1 Informal Resolution

Before filing any claim, the parties agree to attempt in good faith to resolve the dispute by contacting sales@trydatapoint.com and engaging in informal discussions for at least thirty (30) days.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, by a single arbitrator, in San Francisco County, California (or remotely by agreement). Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

THE PARTIES AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

14.4 Exceptions

Either party may bring an individual action in small-claims court, or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or unauthorized access to the Service.

14.5 Opt-Out

You may opt out of arbitration by sending written notice of your decision to opt out to sales@trydatapoint.com within thirty (30) days of first agreeing to these Terms.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Subject to Section 14, the state and federal courts located in San Francisco County, California have exclusive jurisdiction over any disputes not subject to arbitration, and the parties consent to personal jurisdiction in those courts.

16. Indemnification

You will indemnify, defend, and hold harmless Impel Intelligence, Inc. and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and reasonable expenses (including attorneys’ fees) arising out of or related to: (a) your Customer Inputs; (b) your Publisher Integration; (c) your use of the Service in violation of these Terms or applicable law; or (d) your decisions or representations based on Reports.

17. Term and Termination

These Terms remain in effect while you use the Service. You may terminate by closing your account. We may suspend or terminate the Service or your account at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if continued provision becomes commercially impracticable. Sections that by their nature should survive termination (including payment obligations, IP, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

18. Beta Features

We may make beta, preview, or experimental features available. Beta features are provided “as is,” may be modified or withdrawn at any time, and are excluded from any service-level commitments.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by email. Changes take effect on the date indicated, and your continued use of the Service after that date constitutes acceptance.

20. Miscellaneous

These Terms, together with any order forms, the Privacy Policy, and any applicable data processing addendum, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our prior written consent; we may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices to us must be sent to the address below; we may give notice to you electronically. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

21. Contact

Impel Intelligence, Inc.

548 Market Street, San Francisco, California 94104

Email: sales@trydatapoint.com