Terms of Service
These Terms of Service (the "Terms") are a legal agreement between Nodal Data, Inc., a Delaware corporation ("Nodal," "we," "us"), and the company or other legal entity on whose behalf you accept them ("Customer," "you"). They govern your access to and use of the Nodal hosted service described below.
By clicking to accept these Terms at checkout, by creating an account, or by using the Service, you agree to these Terms and represent that you have authority to bind the Customer. If you do not agree, do not use the Service.
The Service is offered to businesses and is not intended for personal, family, or household use.
1. The Service
The "Service" is Nodal's hosted platform that serves a Customer-controlled analytics context repository to Customer's users over the Model Context Protocol ("MCP"), together with the administrative console, authentication, usage logging, and related features we make available under a subscription. The Service reads from a Git repository you connect; it does not connect to or query your data warehouse.
The Service is distinct from Nodal's open-source software (including the nodal-context repository), which is licensed separately under the Apache License 2.0 and is not governed by these Terms.
We may modify the Service from time to time. We will not materially reduce the core functionality of a paid plan during a subscription period without notice.
2. Accounts and Users
You are responsible for everyone who accesses the Service through your account ("Users"), for keeping credentials confidential, and for all activity under your account. Notify us promptly at security@nodaldata.io if you become aware of unauthorized access.
To connect a repository you will provide an access token. You represent that you are authorized to grant Nodal that access. We recommend a read-only token scoped to the context repository only. You may revoke the token at any time, which will stop the Service from serving that repository.
Optional AI features you run yourself. Some optional features run as workflows inside your own repository (for example, a GitHub Action that drafts context updates) and only operate if you supply your own API key for a model provider of your choice. Those workflows run in your repository under your account, you store the key, and requests go directly from your repository to the provider you selected. Nodal never receives the key, is not a party to your agreement with that provider, and is not responsible for its services, charges, or handling of your data.
3. Subscriptions, Fees, and Payment
Plans and pricing. Current self-serve pricing is published at checkout and consists of a base monthly fee for the hosted endpoint plus a per-User monthly fee. Fees are stated in U.S. dollars.
Billing. Subscriptions are billed monthly in advance through our payment processor, Stripe. By subscribing you authorize recurring charges to your payment method until you cancel. Per-User fees are billed based on the number of Users provisioned during the billing period.
Automatic renewal. Your subscription renews automatically each month at the then-current price until cancelled.
Cancellation. You may cancel at any time through the billing portal linked from your account. Cancellation takes effect at the end of the current billing period; you keep access until then. Except where required by law, fees are non-refundable and we do not prorate partial periods.
Price changes. We may change prices with at least 30 days' notice by email. Changes take effect at your next renewal after the notice period.
Taxes. Fees exclude taxes. You are responsible for applicable sales, use, VAT, and similar taxes, which we may collect where required.
Non-payment. If a payment fails and is not cured within 10 days, we may suspend the Service until it is paid.
4. Customer Content
"Customer Content" means the repository contents, configuration, and other material you or your Users provide to or through the Service.
You own Customer Content. You grant Nodal a non-exclusive, worldwide, royalty-free license to host, copy, process, display, and transmit Customer Content solely as necessary to provide, secure, and support the Service and as otherwise permitted by these Terms.
Nodal will not use Customer Content to train machine-learning or AI models and will not disclose Customer Content to third parties except to subprocessors used to deliver the Service, as required by law, or with your permission.
"Usage Data" means logs, metrics, and technical information about how the Service is accessed and performs, including requests made to your endpoint, timestamps, and User identifiers. We use Usage Data to operate, secure, support, and improve the Service and may use it in aggregated or de-identified form that does not identify you or your Users.
You are responsible for Customer Content and for having the rights needed to provide it.
5. Acceptable Use and Restricted Data
You will not, and will not permit Users to:
- use the Service in violation of law or third-party rights;
- upload malicious code or attempt to probe, disrupt, or gain unauthorized access to the Service or its infrastructure;
- reverse engineer, decompile, or copy the non-open-source portions of the Service, or build a competing service using access to it;
- resell, sublicense, or provide the Service to third parties other than your Users;
- share one User's credentials among multiple people or otherwise circumvent per-User fees;
- impose unreasonable load on the Service.
Restricted data. The self-serve Service is not designed for and must not be used to store or transmit: protected health information under HIPAA; payment card data subject to PCI DSS; government-issued identification numbers; credentials to third-party systems other than the repository token; or other data whose handling is subject to specific regulatory requirements. Nodal does not enter into Business Associate Agreements for the self-serve Service. If your use case requires handling regulated data, contact info@nodaldata.io about an enterprise agreement before using the Service for it.
6. Nodal Intellectual Property
Nodal and its licensors own the Service, including all software, documentation, and improvements, and all related intellectual property. Except for the rights expressly granted, no rights are transferred to you.
If you provide suggestions or feedback, you grant Nodal a perpetual, irrevocable, royalty-free license to use it without obligation to you.
7. AI-Generated Output
The Service supplies context to AI agents and tools that you choose and operate. Nodal does not control those agents and does not warrant that any answer, query, analysis, or other output produced with the help of the Service is accurate, complete, or fit for any purpose. AI systems can and do produce incorrect results, including results that appear well-founded. You are solely responsible for reviewing and validating any output before relying on it, and for any decision made or action taken based on it. Nothing produced through the Service constitutes financial, legal, medical, or other professional advice.
8. Confidentiality
Each party may receive non-public information of the other that is marked or reasonably understood to be confidential ("Confidential Information"). Customer Content is Customer's Confidential Information; the non-public aspects of the Service are Nodal's. The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to employees, contractors, and advisors who need to know it and are bound by comparable obligations. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or rightfully obtained from a third party, and a party may disclose Confidential Information when legally required after giving reasonable notice where permitted.
9. Security
Nodal maintains administrative, technical, and physical safeguards designed to protect Customer Content, including encryption in transit and at rest and least-privilege access to production systems. No system is perfectly secure, and you acknowledge that the Service is not designed for the restricted data described in Section 5. You are responsible for securing your own systems, agents, repositories, and tokens.
10. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." NODAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUTS PRODUCED USING IT WILL BE ACCURATE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; AND (B) NODAL'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO NODAL IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limitations do not apply to a party's breach of Section 8 (Confidentiality), Customer's payment obligations, Customer's indemnification obligations, or liability that cannot be limited by law.
12. Indemnification
You will defend, indemnify, and hold harmless Nodal and its officers, directors, employees, and agents from third-party claims, and related losses and reasonable expenses, arising from Customer Content, your Users' use of the Service in violation of these Terms, or your use of outputs produced through the Service.
13. Term, Suspension, and Termination
These Terms apply from your first acceptance until your subscription ends and all Customer Content has been deleted.
We may suspend access immediately if we reasonably believe your use threatens the security, integrity, or availability of the Service or violates Section 5, and will restore access once the issue is resolved. Either party may terminate for material breach that is not cured within 30 days of written notice.
On termination or expiration, your right to use the Service ends. Your repository remains yours and unaffected. We will delete Customer Content held by the Service within 30 days after termination, except for copies in routine backups that are deleted on their normal schedule. Sections that by their nature should survive (including 4, 6, 7, 8, 10, 11, 12, 13, and 15) survive termination.
14. Changes to These Terms
We may update these Terms. We will post the updated Terms with a new "Last updated" date and, for material changes, notify you by email at least 15 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, you may cancel before the change takes effect.
15. General
Governing law and venue. These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. The state and federal courts located in New York County, New York have exclusive jurisdiction over any dispute, and each party consents to that jurisdiction.
Publicity. We may identify you as a customer by name and logo in customer lists and on our website unless you ask us not to in writing.
Notices. Notices to Nodal must be sent to info@nodaldata.io. Notices to you will be sent to the email address on your account.
Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all of your assets. We may assign these Terms to an affiliate or successor.
Independent contractors. The parties are independent contractors.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Export and sanctions. You will comply with applicable export control and sanctions laws and will not use the Service from a sanctioned jurisdiction or if you are a sanctioned person.
Entire agreement; severability; waiver. These Terms, together with the Privacy Policy and any order confirmation, are the entire agreement regarding the Service and supersede prior agreements on the subject. If any provision is unenforceable it will be modified to the minimum extent necessary and the rest remains in effect. A party's failure to enforce a provision is not a waiver.
16. Contact
Nodal Data, Inc. 228 Park Ave S, PMB 152020 New York, New York 10003-1502 US info@nodaldata.io