Terms of Service

Welcome to DataCompare.app, a software platform owned and operated by Kinetex Consulting Services, Inc. ("Kinetex," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of DataCompare.app, including the desktop and web applications, related tools, documentation, and any associated services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Overview

DataCompare is a locally installed application that enables users to compare and validate data files, including but not limited to ERP data (e.g., Workday, Oracle, or Snowflake outputs). The Service may also include optional web components for licensing, updates, and metadata backup.

The Service is designed primarily for enterprise clients, consulting firms, and independent professionals engaged in system implementation or data validation activities.

2. Eligibility

You must be at least 18 years old and legally able to enter into contracts to use the Service. If you are using the Service on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms.

3. Licensing & Subscriptions

The Service may be provided through different plans, including:

• Free trials for evaluation purposes;
• Individual or enterprise subscriptions with time-limited access; and
• Perpetual or term-based licenses tied to specific versions or installations.

Licenses are non-transferable and may not be shared or sublicensed. You agree to use the Service only within the limits of your chosen plan.

Kinetex reserves the right to modify, suspend, or discontinue any subscription plan or pricing at any time, with reasonable notice where required.

4. Payment and Billing

All paid subscriptions and licenses are billed in U.S. dollars through secure third-party payment processors (e.g., Stripe). You authorize us to charge your designated payment method for all applicable fees.

Unless otherwise stated, subscriptions automatically renew at the end of each term. You may cancel renewal before the renewal date via the customer portal or by contacting support@datacompare.app.

5. Data Ownership and Processing

All data you upload, process, or compare through DataCompare remains your exclusive property.

The application operates locally on your machine or private server. Kinetex does not have access to, view, or store your comparison data. Optional metadata backups (e.g., configuration, logs, or comparison statistics) may be uploaded to the cloud only with your explicit consent.

You are solely responsible for ensuring your use of the Service complies with applicable privacy, confidentiality, and security obligations.

6. Acceptable Use

You agree not to:

• Use the Service for unlawful, fraudulent, or malicious purposes;
• Reverse-engineer, decompile, or modify the application beyond permitted customization;
• Circumvent or disable licensing, authentication, or security mechanisms;
• Resell or publicly distribute the Service without written authorization from Kinetex.

Kinetex reserves the right to suspend or terminate accounts that violate these Terms.

7. Intellectual Property

All software, content, designs, documentation, and branding related to DataCompare are the intellectual property of Kinetex Consulting Services, Inc. and are protected under U.S. and international copyright, trademark, and trade secret laws.

You may not use our name, logos, or branding without prior written consent, except to reference lawful use of the Service.

8. Updates and Support

Kinetex may release updates, patches, or new versions from time to time. Updates may include bug fixes, feature enhancements, or security improvements. Support inquiries may be directed to support@datacompare.app.

Access to updates or support may depend on your current license or subscription tier.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available." Kinetex makes no warranties, express or implied, regarding accuracy, reliability, availability, or fitness for a particular purpose.

Your use of the Service is at your own risk, especially where data integrity, compliance, or regulatory validation is critical.

10. Limitation of Liability

To the fullest extent permitted by law, Kinetex and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if we were advised of the possibility of such damages.

In no event shall Kinetex's total liability exceed the amount you paid (if any) for the Service during the preceding twelve (12) months.

11. Indemnification

You agree to indemnify and hold harmless Kinetex, its affiliates, and its officers, directors, and employees from and against any claims, damages, liabilities, and expenses arising from your use of the Service or violation of these Terms.

12. Termination

You may stop using the Service at any time. Kinetex may suspend or terminate access if you breach these Terms or engage in unauthorized or harmful use. Upon termination, your license will be deactivated, and you must cease using the Service.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved exclusively in the courts located in Harris County, Texas.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced on our website or through in-app notification. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.