Terms of Service

1. About The Data Company

The Data Company operates this Website and a set of software products, including mdocs (open-source collaborative editing for Markdown, with a paid hosted Team plan, at mdocs.datacompany.dev) and Hey Bday (at heybday.com), with additional data tooling in development. Individual products may have their own product-specific terms; where they do, those terms apply to that product in addition to these.

2. Description of services

The Data Company builds tools for working with data and the documents around it. mdocs lets people and software agents collaborate on Markdown documents in real time, including through a command-line interface. Other products and features are described on their respective pages. Services may change, and we may add, modify, or discontinue features over time.

3. Accounts and eligibility

Some features require an account or that you join a waitlist. You agree to provide accurate information and to keep your credentials secure. You are responsible for activity that happens under your account. You must be old enough to form a binding contract in your jurisdiction to use the services.

4. Acceptable use

You agree not to:

• use the services to break the law or infringe others’ rights;
• upload content you don’t have the rights to, or that is malicious, harmful, or unlawful;
• attempt to disrupt, reverse engineer, or gain unauthorized access to the services or other users’ data;
• abuse, overload, or circumvent rate limits, security measures, or usage controls.

5. Your content and ownership

You retain ownership of the documents, datasets, and other content you create or upload (“Your Content”). You grant The Data Company the limited rights needed to host, process, transmit, back up, and display Your Content for the purpose of operating and improving the services — for example, storing your mdocs documents and syncing edits between collaborators. We do not claim ownership of Your Content, and we do not sell it.

6. Payment and refunds

Some products are free; others are or will be paid, including usage-based pricing. Paid features are billed through our payment processor (Stripe). Prices and metered rates are shown at the point of purchase. If you believe you were charged in error, or you’re not happy with a recent purchase, contact us at support@datacompany.dev within 14 days and we’ll work with you in good faith on a refund.

7. Third-party services

We rely on third-party providers to run the services — for example, Stripe for payments, Clerk for authentication, and cloud hosting and email providers. Your use of the services may also be subject to those providers’ terms. We are not responsible for third-party services we do not control.

8. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimers

The services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or that any result or output will be accurate or complete.

10. Limitation of liability

To the maximum extent permitted by law, The Data Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, arising out of or related to your use of the services. Our total liability for any claim relating to the services will not exceed the greater of the amount you paid us in the 12 months before the claim or US $100.

11. Termination

You may stop using the services at any time. We may suspend or terminate access if you violate these Terms or to protect the services or other users. Sections that by their nature should survive termination (such as ownership, disclaimers, and limitation of liability) will survive.

12. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we’ll update the “Last updated” date above and, where appropriate, notify you. Continued use of the services after changes take effect means you accept the updated Terms.

13. Governing law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. Any disputes will be subject to the exclusive jurisdiction of the state and federal courts located in California.

14. Contact

Questions about these Terms? Contact us at legal@datacompany.dev.