1 · Agreement
These Terms of Service (the "Terms") form a binding agreement between you and DataLink Smart Core LLC ("DataLink Smart Core", "we", "us"). They govern your use of our consumer applications, our marketing website at datalinksmartcore.com, and any professional services we provide under a separate statement of work. By installing an app, using our website, or signing a statement of work, you accept these Terms.
If you do not accept these Terms, please uninstall the app and discontinue use of the website. If you are accepting on behalf of an organisation, you represent that you have the authority to bind that organisation.
2 · Definitions
- "Apps" — the consumer applications published by DataLink Smart Core under its own brand, including TrailMark, CurioVault, Inkdrop, PulseLoad, ReceiptVault, Cadence, Mindspace, and LedgerLite.
- "Content" — any data, text, image, audio, video, or other material you create, upload, or store within the Apps.
- "Services" — any professional engineering, design, or consulting service provided under a separate statement of work.
- "SOW" — a written statement of work that describes the scope, deliverables, timeline, and fees for a Services engagement.
- "Subscription" — a recurring in-app purchase that unlocks premium features within an App.
3 · Consumer app licence
Subject to your compliance with these Terms and applicable platform rules (the Apple Media Services Terms and Conditions / Google Play Terms of Service), we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Apps on devices you own or control. The licence is for your personal or internal business use; you may not resell, redistribute, or sublicense the Apps.
You retain all ownership of your Content. We claim no rights to it beyond what is necessary to operate the Apps (e.g., local indexing, encrypted sync if enabled). We do not use your Content to train models.
3.1 · Subscriptions & auto-renew
Some Apps offer optional Subscriptions (monthly or annual) that unlock premium features. Subscriptions are processed by Apple or Google; their respective auto-renew terms apply. You can cancel at any time in your platform account settings; cancellation takes effect at the end of the current billing period. We do not have access to your payment instrument and cannot cancel on your behalf.
3.2 · Refunds
Refund requests are handled by Apple (App Store) or Google (Play Store) under their respective policies. Where platform rules allow us to issue refunds directly (for example, annual subscriptions purchased via our website), we offer a 14-day money-back guarantee on first-time purchases. Refunds for partial Subscription periods are not provided.
3.3 · In-app purchases & ads
Apps may offer non-consumable in-app purchases (e.g., unlocking a specific tool) and may display advertising via third-party mediation partners as described in our Ad Disclosure. All in-app purchase revenue is paid directly to your platform account; for ad revenue, we operate under a pass-through model where payments are routed to your platform account after platform and mediation fees.
4 · Professional services
When you engage DataLink Smart Core for engineering, design, or consulting work, the engagement is governed by a separate written SOW signed by both parties. The SOW prevails over these Terms where there is conflict on a Services-specific topic (scope, deliverables, fees, IP). For all other matters, these Terms apply.
4.1 · Statements of work
An SOW defines the engagement scope, deliverables, acceptance criteria, timeline, fees, payment schedule, and any project-specific terms (NDA, security requirements, code ownership). Material changes to scope require a written change order signed by both parties.
4.2 · Intellectual property
For Sprint and Studio Retainer engagements, all work product is owned by the client from day one. Source code is committed to your GitHub or GitLab repository under your organisation, documentation is delivered in your wiki, and all third-party licences are transferred at handover. We retain rights to our pre-existing tools, libraries, and methodologies ("Background IP") and grant you a perpetual, royalty-free licence to use them as embedded in the deliverables. Background IP that is generic and not specific to your product remains ours.
For Equity / Royalty Partnership engagements, IP terms are negotiated in a separate partnership agreement. By default, the resulting product is jointly owned; commercial exploitation rights are governed by the partnership agreement.
4.3 · Open-source components
We build with open-source software and contribute back to the ecosystem. Our deliverables may include components licensed under MIT, Apache 2.0, BSD, MPL 2.0, and similar permissive licences. The full bill of materials (SPDX format) is delivered with every engagement. We do not introduce copyleft components (GPL, AGPL, LGPL) into client deliverables without explicit written consent.
5 · Payment terms
For Sprint engagements, fees are invoiced 50% on signing and 50% on acceptance of deliverables, net 14 days. For Studio Retainers, fees are invoiced monthly in advance on the first business day of each month, net 14 days. Late payment accrues interest at 1.5% per month or the maximum rate permitted by law.
Fees are exclusive of applicable sales or value-added taxes. Invoices are issued in USD by default; EUR, GBP, JPY, SGD, BRL, and AED are supported on request.
6 · Acceptable use
You agree not to:
- Reverse engineer, decompile, or disassemble the Apps except to the extent expressly permitted by applicable law.
- Use the Apps to violate any applicable law or third-party right.
- Upload Content that is unlawful, infringing, defamatory, or that contains malware.
- Attempt to gain unauthorised access to the Apps, our infrastructure, or other users' accounts.
- Use the Apps in any manner that could damage, disable, overburden, or impair our infrastructure.
7 · Termination
You may stop using the Apps at any time by uninstalling them and discontinuing use of the website. We may suspend or terminate your access if you materially breach these Terms and do not cure within 30 days of written notice. For Services engagements, termination rights, notice periods, and kill-fee obligations are set out in the SOW.
Upon termination, your licence to use the Apps ends. Sections that by their nature should survive (including payment obligations, IP, disclaimers, liability limits, indemnity, governing law) will survive termination.
8 · Warranties & disclaimers
We warrant that the Apps will perform materially in accordance with their published documentation for the duration of your licence, and that the Services will be performed in a professional and workmanlike manner consistent with industry standards. Your sole remedy for breach of warranty is, at our option, repair of the defect or refund of fees paid for the affected period.
Except as expressly stated, the Apps and Services are provided "as is" and we disclaim all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Apps will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected.
9 · Limitation of liability
To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, even if advised of the possibility. Each party's total aggregate liability arising out of or related to these Terms will not exceed the fees paid by you to us in the 12 months preceding the event giving rise to the claim (or, for free Apps, USD 100).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (for example, liability for death or personal injury caused by negligence, or for fraud).
10 · Indemnification
We will defend and indemnify you against any third-party claim that the Apps, as provided by us and used in accordance with these Terms, infringe the third party's intellectual property rights, and pay damages awarded against you or settlement amounts agreed by us. Your obligations in this case: prompt notice, sole control of defence and settlement by us, and reasonable cooperation.
You will defend and indemnify us against any third-party claim arising from your Content, your use of the Apps in violation of these Terms, or your violation of any applicable law.
11 · Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, this choice of law does not deprive you of the protection afforded by the mandatory laws of your country of residence.
12 · Dispute resolution
We will try to resolve any dispute informally first. Please write to legal@datalinksmartcore.com with a description of the dispute; we will attempt to resolve it by contacting you by email within 30 days.
If a dispute is not resolved informally, it will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, in Wilmington, Delaware, USA, in English. The arbitrator may award any relief that a court could award. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
EU/EEA/UK consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
13 · Force majeure
Neither party will be liable for any failure or delay in performance caused by events beyond reasonable control, including acts of God, war, terrorism, pandemic, government action, internet or telecommunications failure, or large-scale natural disaster. The affected party will give prompt notice and use reasonable efforts to mitigate.
14 · Changes to these terms
We may update these Terms from time to time. The version number and effective date at the top of this page will always reflect the current version. Material changes will be notified via in-app banner (for App users) and email (for Services clients) at least 30 days before taking effect. Continued use after the effective date constitutes acceptance; if you do not accept, you may stop using the Apps before the effective date.
Previous versions are archived at /terms/archive for transparency.
15 · Contact
For questions about these Terms, write to:
DataLink Smart Core LLC — Legal
1 Innovation Way, Newark, DE 19711, USA
legal@datalinksmartcore.com
For privacy-related questions, see the Privacy Policy.