1. Agreement and eligibility
These Terms govern access to Databrush's hosted analytics application and related services (the "Service"). By affirmatively accepting these Terms in the Service or signing an order that incorporates them, you agree to them. If you accept for a company or other organization, you represent that you have authority to bind it; "Customer" and "you" mean that organization. Otherwise, they mean you personally. Each individual using the Service must be at least 18 and legally able to enter this agreement.
New accounts and purchases are currently available only to individuals residing in the United States and businesses based in the United States, for personal, professional, or business use. By creating an account or making a new purchase, you represent that you meet this eligibility rule. Do not misrepresent your location or bypass availability restrictions. This prospective restriction does not cancel existing contracts or remove accrued cancellation, refund, privacy, or other nonwaivable rights. A "Consumer" is an individual acting for personal purposes to whom applicable consumer-protection law applies. A "Business Customer" uses the Service in a business or professional capacity rather than as a Consumer. Applicable law determines that status, including for mixed use. You may not use the Service if applicable law prohibits us from providing it to you. These Terms do not remove consumer guarantees or other protections that cannot lawfully be waived.
An "Order" is a purchase confirmation or written order accepted by both parties identifying the purchased service, price, and term. An Order overrides these Terms only for a conflict it expressly identifies. The Data Processing Addendum ("DPA") at databrush.ai/dpa is incorporated into these Terms and applies when we process Customer Personal Data on your behalf. It controls conflicts about that processing; any separately agreed mandatory transfer clauses control conflicts within their scope. These Terms do not by themselves make a personal or household user a regulated business or data controller. The Privacy Policy explains our personal-information practices and is not a blanket consent to processing or a waiver of privacy rights. Marketing statements and roadmap items do not add features to an Order, without limiting laws against misleading representations.
Our Data Processing Addendum covers ordinary business personal data processed on your instructions. Before connecting data that requires additional international-transfer instruments, a specialized regulated environment, or protections beyond the published DPA, contact support@databrush.ai and arrange those safeguards. Do not submit that data until the necessary arrangements are in place. This requirement does not limit our legal duties for information we actually receive.
2. What the Service does
Databrush connects to supported customer databases and other supported data sources. Its database analytics uses artificial intelligence to help interpret schemas, answer questions, generate and execute analytical SQL, and create or edit charts, tables, and canvases. It may inspect available schema and data and generate a starting canvas during onboarding, before you enter an analytical prompt. Follow-up questions can use relevant saved conversation, query, and artifact context. An available Clerk source connection can retrieve customer-authorized user and session information using a customer-provided API key. Supported operations and AI capabilities vary by source; a connector's availability does not mean it supports every database-analysis feature.
The Service is designed to execute bounded, read-only analytical queries against connected databases. It stores and changes its own application records, including saved queries, results, and visualizations. Read-only access does not mean that data stays exclusively in your database, that credentials have limited privileges, or that queries have no effect on database load or cost.
Availability depends on the supported connection, accessible schema, permissions, source data, capacity, and third-party services. A chart may reflect cached or previously retrieved data until refreshed. We do not promise uninterrupted service, real-time refresh, a particular answer, or compatibility with every schema or database version. Any availability or support service level must be stated in an Order.
Subject to these Terms and your applicable plan, we grant you a limited, nonexclusive right during the Agreement to access and use the Service for your lawful personal, professional, or business purposes. That right is nontransferable except as permitted by Section 17. We and our licensors retain our rights in the Service's software, interfaces, technology, and trademarks. No ownership of the platform is transferred to you; your rights in Customer Data and Output are addressed in Section 5.
3. Accounts and workspace administration
Keep registration and contact information accurate, protect account credentials, and promptly tell us of suspected unauthorized access. Do not share an individual login. You are responsible for managing the people you authorize and for their use of your workspace, subject to our own security and legal obligations.
An organization's authorized administrators may manage access to its workspace and content using the permissions the Service provides. Do not assume that information entered in an organizational workspace is private from its authorized administrators or other authorized members. Joining a workspace does not give you ownership of the organization's data or authority to act beyond your assigned permissions.
We may require reasonable verification of identity, workspace ownership, or authority before changing access or disclosing data. We will not resolve competing ownership claims by disclosing one customer's data to an unverified claimant.
5. Customer Data, ownership, and permitted processing
"Customer Data" means data you or your authorized users provide or make available through the Service, including connection information, schemas, prompts, records returned from connected sources, saved queries, and associated content. "Output" means responses, SQL, charts, tables, and other content generated for you by the Service.
As between the parties, you retain your rights in Customer Data. To the extent permitted by law, we assign to you any rights we have in your Output, excluding our pre-existing software, designs, and technology. AI output may not be unique or eligible for intellectual-property protection; similar output generated for another customer is not your Output. Neither this assignment nor these Terms grant rights in another person's data or third-party materials.
You grant us a limited, nonexclusive right to access, transmit, host, copy, process, and display Customer Data and Output as needed to provide the Service, follow your lawful instructions, provide requested support, maintain security, and meet our legal obligations. We may use service providers for those purposes subject to applicable confidentiality and data-protection obligations. This right does not authorize selling Customer Data, using it for targeted advertising, or training general-purpose AI models on it.
We may use service-performance information to operate and improve the Service. Personal information remains subject to the Privacy Policy and applicable DPA. We may use information that has been lawfully deidentified so it cannot reasonably be linked to a person or customer; labeling data "aggregated" does not by itself make it deidentified. We will maintain information we treat as deidentified in that form, not attempt to reidentify it except as law permits to test the deidentification process, and impose applicable restrictions on recipients. We do not obtain a general right to reuse identifiable database records or confidential business content for unrelated product development.
You may give us voluntary feedback. We may use it without payment or restriction, but that permission does not expand our rights in Customer Data, personal information, or your confidential information.
6. AI limitations and review of results
AI can make mistakes in interpretation, joins, filters, units, date ranges, calculations, or explanations even when an answer appears confident. Results may be incomplete, stale, misleading, or based on an assumption or proxy. Review material outputs against your source data and intended metric definition before relying on or distributing them. You control the personal or business decisions you make using the Service.
The Service does not provide legal, medical, tax, investment, or other regulated professional advice. Do not use it as the sole basis for decisions that have legal or similarly significant effects on individuals, including employment, credit, housing, insurance, education, or essential services. Do not represent AI-generated results as independently verified if they are not.
These limitations do not excuse our failure to meet an express contractual obligation, our security duties, or liability that applicable law does not permit us to exclude.
7. Acceptable use and restricted information
The Acceptable Use Policy is incorporated into these Terms and applies to you and everyone you authorize to use your workspace. It sets out the rules below, their context, and how to report concerns. If it conflicts with these Terms, these Terms control, subject to the Order, DPA, and mandatory-law precedence in Section 1. Enforcement is subject to Section 12, and changes to the policy are subject to Section 16.
You must not:
- access or disclose data without authority; infringe privacy, confidentiality, or intellectual-property rights; or use the Service unlawfully;
- attempt to bypass authentication, workspace isolation, query safeguards, usage limits, or other security controls, or access another customer's workspace;
- submit malware, disrupt the Service, or carry out vulnerability testing without our prior written authorization;
- resell access, provide a competing hosted copy of the Service, or reverse engineer protected software except where applicable law permits it;
- use the Service for unlawful surveillance, discriminatory decisions, fraud, or other harmful activity; or
- misrepresent your identity, authority, or the origin or reliability of Output.
Unless we first expressly agree in writing to the necessary safeguards and contractual terms, do not make available protected health information subject to HIPAA, special-category or criminal-offence data under European or UK data-protection law, biometric identifiers used for identification, government identification numbers, full payment-card data, financial-account access credentials, children's personal information, or other data requiring a specialized regulated environment. Ordinary transaction amounts and subscription information are not prohibited merely because they concern payments. Database access credentials are permitted only through the designated connection controls.
We do not represent the Service as HIPAA-authorized, PCI-certified, or suitable for regulated workloads requiring additional agreements. A customer's prohibited submission does not remove our applicable duties concerning data actually received.
8. Fees, subscriptions, and cancellation
You owe only fees disclosed in an Order you accept. A free account does not authorize a charge. Prices, taxes, recurring terms, renewal dates, allowance rules, and cancellation methods must be disclosed before purchase. We do not automatically charge overages or buy additional AI credits. Additional credits require an affirmative purchase.
Pro subscriptions cost US$29 per month or US$290 per year, as selected at checkout, plus any taxes disclosed there. The selected amount is charged at purchase and automatically renews at the same frequency until cancelled, subject to the price-change notice requirements below. In the app, open Usage and then Manage billing to cancel future renewals online, or contact support@databrush.ai for assistance. Unless the Order provides otherwise, cancellation takes effect at the end of the paid period and access continues through that period, subject to lawful suspension rights. Cancellation does not itself delete Customer Data.
We will give advance notice of material price or renewal changes, including any legally required notice and consent. New recurring prices take effect no earlier than a subsequent renewal for which the required notice has been given. We will not retroactively change the price of a completed purchase.
Except where law, an Order, or these Terms requires otherwise, completed purchases are nonrefundable. This does not exclude statutory withdrawal rights, remedies for defective or undelivered services, correction of billing errors, or required refunds. Contact us promptly about a billing error; this does not shorten a statutory dispute period.
If you are a Consumer, any statutory cooling-off, withdrawal, cancellation, or digital-service remedy remains available. EU, EEA, and UK Consumers can withdraw from a distance contract for the Service within 14 days after the contract is concluded, without giving a reason. Any longer period required by law remains available. Accepting these Terms, connecting a source, or starting to use the Service does not by itself waive those rights. We do not rely on a waiver of the withdrawal right for purchases through our standard checkout.
To withdraw, send an unequivocal statement to DATABRUSH LLC at support@databrush.ai or 10 Swackhamer Rd, Whitehouse Station, NJ 08889, United States, or use our online function: Withdraw from contract here. Sending your statement before the applicable period expires is sufficient. The online function provides a receipt and an email acknowledgment containing your statement and its receipt time. You can use the model below, but it is not compulsory.
To DATABRUSH LLC, 10 Swackhamer Rd, Whitehouse Station, NJ 08889, United States; support@databrush.ai:
I hereby give notice that I withdraw from my contract for the following Databrush service: [identify the purchase or contract].
Date ordered: [date]. Consumer name: [name]. Consumer address: [address]. Date of notice: [date]. Signature: [only if submitted on paper].
For a withdrawal covered by this right, we will reimburse payments received for the withdrawn contract without undue delay and no later than 14 days after we are informed of your decision. We use the original payment method unless you expressly agree otherwise, without reimbursement fees. Withdrawal from the contract is distinct from stopping future subscription renewals; an end-of-period cancellation does not replace an applicable right to withdraw or receive a refund.
AI-credit quantities, charging rules, rollover, expiry, and treatment at cancellation apply only if disclosed in an accepted purchase or plan. Credits are a contractual measure of Service usage, not an investment or a promise of a fixed number of answers. Expiry, restrictions on transfer, and cash-redemption exclusions apply only to the extent lawful. Pro includes 15,000 credits granted monthly, including on the annual plan, and up to 20 workspaces. Included Pro credits expire after two monthly periods. Additional packs are a one-time US$15 purchase for 5,000 credits and expire 12 months after purchase, to the extent permitted by law. Cancelling a subscription does not itself shorten the original expiry of credits already granted. These quantities and rules are disclosed before purchase; any separately agreed Order controls an express conflict.
9. Confidentiality
Each party will protect the other's nonpublic information that is identified as confidential or reasonably should be understood to be confidential. Customer Data, credentials, and nonpublic business results are your confidential information. The recipient will use reasonable care, at least the care it uses for its own comparable information, and disclose it only to people or providers who need it for permitted purposes and are bound by appropriate confidentiality duties.
This obligation does not cover information the recipient can show was lawfully known without restriction, independently developed, lawfully received from another source, or made public without a breach. Personal information remains protected as required by law even if another confidentiality exception applies.
A recipient may disclose information when legally compelled, providing notice when lawful and limiting disclosure to what is legally required. These Terms do not restrict lawful reporting to regulators or law enforcement, whistleblowing, or cooperation with a legally authorized investigation.
10. Security, privacy, and incidents
We will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information and the risks of processing. The Privacy Policy describes relevant practices; an applicable DPA defines our obligations when processing personal data for you. No security measure eliminates every risk, and we do not guarantee that unauthorized access, loss, or service disruption will never occur.
If we become aware of unauthorized or unlawful access to or disclosure of Customer Data, or accidental or unlawful destruction, loss, or alteration of that data in our possession or control, including data held by providers acting on our behalf, we will notify you without undue delay and within any shorter applicable legal or DPA deadline. This contractual notice includes affected confidential business data even when it is not personal information. Unsuccessful attempts that do not compromise Customer Data do not by themselves trigger this notice. We will investigate, take appropriate containment and remedial steps, and provide available information reasonably needed for your response. An initial notice may be supplemented as facts become available; we will not delay required notice until an investigation is complete.
Each party remains responsible for its own legal notifications and cooperation obligations. We will coordinate where appropriate, but you cannot prohibit notices we are legally required to give. Inform us promptly of suspected compromise and cooperate in reasonable steps such as revoking credentials. Do not send secrets in an incident report.
Nothing in these Terms waives legally required security, regulator cooperation, breach notification, or a person's nonwaivable privacy remedies. A security incident is not automatically excused merely because an attacker or supplier was involved.
11. Third-party services
You are responsible for your agreements with database hosts, identity providers you separately select, and other services you independently connect. Their availability and changes can affect the Service. Our use of our own infrastructure and AI providers is described in the Privacy Policy and applicable DPA; it does not eliminate our contractual responsibility for our providers where that responsibility applies.
Links to third-party sites are for convenience. Their own notices apply to their independently operated sites. We do not endorse their content merely by linking to it.
12. Suspension, termination, and data after termination
You may stop using the Service and request account closure through support@databrush.ai. Removing your individual account may not close an organization's workspace or erase information the organization is entitled to retain. An authorized workspace administrator may request closure of the workspace.
We may restrict or suspend the affected access where reasonably necessary to address a security risk, unlawful activity, material breach, or unpaid undisputed charges. When practicable and lawful, we will explain the reason and provide an opportunity to resolve it. Immediate action may be necessary to protect people, data, or the Service. We will limit the restriction and its duration to what is reasonably necessary.
Either party may terminate for a material breach not cured within 30 days after written notice, or immediately if the breach cannot reasonably be cured. We may discontinue a free offering with reasonable notice. If we discontinue a paid Service for convenience before the end of its paid term, we will provide a prorated refund for the unused portion. You may terminate an affected paid Service and receive that refund if we materially breach these Terms and fail to cure as described above.
If you are a Consumer, this cure period does not postpone a remedy, withdrawal, cancellation, or refund that applicable law allows sooner. Statutory remedies are additional to the contractual remedies described here.
When practicable and lawful, we will give a reasonable opportunity to retrieve Customer Data before permanent workspace closure. Available retrieval methods depend on the Service; this is not a promise of a particular export interface. An applicable DPA governs required return and deletion of Customer Personal Data. The Privacy Policy describes retention and exceptions. Deletion controls can remove content from active use before associated revisions, results, backups, and provider copies are erased. Revoke your source credentials separately when access should end.
Any mandatory right to retrieve content or personal information takes priority over the practical qualifications above. Where applicable consumer law requires it, we will make eligible content you provided or created available on request without charge, hindrance, or unreasonable delay in a commonly used, machine-readable format, subject only to the exceptions that law permits.
Termination ends your right to use the affected Service. Accrued payment obligations and provisions intended to survive, including ownership, confidentiality, applicable data handling, disclaimers, liability, and dispute provisions, survive as necessary for their purpose. We will not retain a general license to use deleted Customer Data for unrelated purposes.
13. Warranties and disclaimers
Each party represents that it has authority to enter these Terms. We will provide the Service with reasonable care and skill. Consumers retain applicable rights concerning service quality, conformity with its description, fitness, and remedies for defective digital content or services. No "as is" disclaimer in this section applies to Consumers.
For Business Customers only, except for our express obligations in these Terms or an Order, and to the extent permitted by law, the Service and Output are provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement only to the extent those disclaimers are lawful.
We do not warrant that every output will be correct, that the Service will satisfy a particular regulatory standard, or that every error can be corrected. No disclaimer reduces the rights and remedies expressly preserved elsewhere in these Terms or under applicable law.
14. Limits on liability
If you are a Consumer, the financial caps and damage exclusions in this section do not apply to you. Your rights and our liability are governed by applicable law, including mandatory consumer protections. The following limits apply only between Databrush and Business Customers.
To the fullest extent permitted by applicable law, neither party is liable under these Terms for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenues, business opportunities, or goodwill. Loss of data is subject to this exclusion only to the extent it constitutes an excluded category of loss; reasonably incurred direct costs are not automatically classified as indirect merely because an incident affected data.
Except as stated below, each party's total liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) fees paid or payable by you for the Service in the 12 months before the event first giving rise to the claim, or (b) US$100. For a party's breach of confidentiality, data-protection, or information-security obligations, the aggregate cap instead is the greater of twice that 12-month fee amount or US$1,000. These are alternative aggregate caps, not cumulative amounts; related claims arising from the same events are treated together.
The exclusions and caps do not limit fraud, fraudulent misrepresentation, willful misconduct, gross negligence where exclusion is prohibited, death or personal injury caused by negligence where exclusion is prohibited, or any other liability that cannot lawfully be limited. They do not waive individual statutory rights or restrict a regulator's authority. Your obligation to pay properly due Service fees is not reduced by a liability cap. An applicable DPA or mandatory transfer clause may provide protections that these limits cannot override.
These limits apply across legal theories to the extent permitted by law, even if a party was advised of possible loss. They allocate commercial risk; they do not promise protection from every claim or excuse either party from performing its ongoing legal duties.
15. Third-party claims arising from customer misuse
This section applies only to Business Customers, not Consumers. You will defend us against a third-party claim to the extent it arises from Customer Data you supplied without necessary rights or your unlawful use of the Service, and pay resulting damages and reasonable settlement costs finally awarded or agreed. This obligation does not apply to the extent the claim results from our breach of these Terms, security failure, negligence, unlawful conduct, or unauthorized modification or use of Customer Data. It is subject to Section 14 to the extent lawful.
We must promptly notify you of the claim, give you reasonable control of its defense, and provide reasonable cooperation at your expense. Delay in notice relieves you only to the extent it materially prejudices the defense. You may not settle a claim in a way that admits fault on our behalf, imposes nonmonetary obligations, or fails to release us without our consent, which will not be unreasonably withheld. We may participate through our own counsel at our expense.
16. Changes to these Terms and the Service
We may change the Service for valid reasons such as legal or security requirements, maintaining compatibility, or improving its operation and features. Changes must respect our existing contractual and statutory obligations. For Consumers, including users of a free Service where consumer law applies, we will provide the legally required explanation and advance notice in a form you can retain, obtain agreement where required, and preserve applicable rights to reject a materially adverse change or terminate without charge. We will not rely on this section to impose a charge you have not accepted or remove a statutory remedy.
We may update these Terms prospectively. We will identify the effective date and provide reasonable advance notice of material changes by email or a prominent Service notice, unless an urgent legal or security reason requires a shorter period. We will obtain renewed agreement where required. Merely posting a new document does not retroactively change an accrued claim or authorize a new use of personal information that requires another legal basis.
If you do not accept a change, you may stop using the affected Service before it takes effect. For an existing paid term, a materially adverse change that is not legally required will take effect at renewal, unless you expressly agree earlier or we offer termination with a prorated refund of the unused term.
17. Disputes and general provisions
These Terms are governed by the laws of the State of New Jersey, excluding its conflict-of-laws rules. The state and federal courts located in New Jersey have jurisdiction over disputes, subject to mandatory rights to use another court or applicable law. There is no mandatory arbitration, class-action waiver, or contractual shortening of statutory claim periods in these Terms.
If you are a Consumer, this choice of law does not deprive you of mandatory protections under the law of your country or state of residence. You may bring a claim in another court where applicable consumer law gives you that right, and we will bring claims against you only in a court permitted by that law. You are not required by these Terms to give up a protected right to use your local courts.
Before filing a claim, a party should attempt in good faith to resolve it through the contact above. This does not require delaying urgent relief, a regulatory complaint, or a filing needed to preserve a legal deadline.
Neither party is responsible for delay caused by events beyond its reasonable control to the extent the event prevents performance despite reasonable mitigation. This does not excuse payment for services already supplied or duties concerning security, confidentiality, breach notice, or data protection; the mere involvement of a cyberattack does not establish this exception.
You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all relevant assets that can fulfill them. We may assign on the same basis, with notice; an assignment does not reduce existing privacy or confidentiality protections. These Terms do not create a partnership, employment, or agency relationship. There are no third-party beneficiaries except where an applicable DPA, transfer clause, or law provides otherwise.
If a provision is unenforceable, it will be limited only as permitted by law and the remainder will continue in effect. A failure to enforce a provision is not a waiver. These Terms, the incorporated Acceptable Use Policy, accepted Orders, and applicable DPA are the parties' agreement concerning the Service. Notices must be sent to the stated contact or your current account contact, with legally required methods preserved.
18. Copyright notices
Our designated agent for copyright infringement notices is Rob Nashed, DATABRUSH LLC, 10 Swackhamer Rd, Whitehouse Station, NJ 08889, United States; telephone +1 908 892 3598; support@databrush.ai. Our U.S. Copyright Office registration number is DMCA-1082136.
A notice should identify the copyrighted work and the allegedly infringing material, give enough detail for us to locate it, provide your contact information and physical or electronic signature, state your good-faith belief that the use is not authorized by the owner, its agent, or law, and state that the information is accurate and, under penalty of perjury, that you are authorized to act for the owner.
We respond expeditiously to valid notices and may remove or restrict access to the identified material. We notify affected users and provide an opportunity to submit a counter-notification as applicable law requires. We may share notices and counter-notifications with the relevant parties to administer this process. Knowingly material misrepresentations can lead to liability.
We terminate, in appropriate circumstances, accounts of repeat copyright infringers. We accommodate and do not interfere with applicable standard technical measures used to identify or protect copyrighted works. The U.S. Copyright Office explains notice and counter-notification requirements.