v2025.11.16
Last updated November 16, 2025
These Terms and Conditions (the "Agreement") govern use of the Deckata services provided by Deckata, Inc. ("Company," "Deckata," "we," "us," or "our") to:
Website visitors who browse or interact with our public websites; and
Customers who access our hosted software-as-a-service platform under an order form, early-access form, or similar document.
This Section 1 applies when you are only browsing or interacting with Deckata's public marketing website(s) at deckata.com or related domains (the "Site"), and you are not using the paid or early-access SaaS Services under an Order Form.
By accessing or using the Site, you agree to be bound by this Agreement (including the disclaimers and limitations of liability in Sections 6 and 7) to the extent applicable to website use. If you do not agree, do not use the Site.
Deckata owns or licenses the content on the Site (text, images, graphics, logos, etc.). Subject to this Agreement, Deckata grants you a limited, non-exclusive, non-transferable license to access and view the Site and its content for your own informational purposes only.
You agree not to:
Content on the Site is for general informational purposes and does not constitute legal, HR, employment, or other professional advice. The Site is provided "as is", and the disclaimers and limitations in Sections 6 and 7 apply to your use of the Site.
Your use of the Site is also subject to our Privacy Policy (and any Cookie Policy referenced therein), which describes how we collect, use, and share information about visitors. Please review it at:
https://deckata.com/privacy-policy
If you or your organization enter into an Order Form, early-access agreement, or otherwise receive login credentials to Deckata's platform, you are a "Customer" and the remaining Sections 2–9 of this Agreement apply to that use, in addition to this Section 1.
The following sections apply when you are using the Deckata platform as a Customer (or on behalf of a Customer).
These Terms and Conditions (the "Agreement") govern use of the Deckata services provided by Deckata, Inc. ("Company," "Deckata," "we," "us," or "our") to the customer identified in an applicable order form, early-access form, or similar document ("Customer").
Subject to the terms of this Agreement, Deckata will use commercially reasonable efforts to provide Customer with access to its hosted software-as-a-service analytics platform and related features (the "Services") during the Term.
Unless otherwise agreed in writing, the Services are currently provided in an early-access, evaluation-only mode and are not intended for production use or processing of real employee-identifiable HR data, as described further in Section 2.3.
As part of registering for the Services, Customer will identify an administrative user name and password for Customer's account. Deckata reserves the right to refuse registration of, or cancel, accounts and usernames it deems inappropriate.
Subject to the terms hereof, Deckata will provide Customer with reasonable technical support services for the Services in accordance with Deckata's standard practices.
Customer will not (and will not permit any third party to), directly or indirectly:
With respect to any Software distributed or provided to Customer for use on Customer's premises or devices (if any), Deckata grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
Customer may not remove or export from the United States or allow the export or re-export of the Services, Software, or any direct product thereof in violation of any applicable laws or regulations of the United States, including export control and sanctions regulations.
The Services are not designed to comply with industry-specific regulations such as HIPAA, GLBA, or similar laws. Customer must not use the Services to store or process protected health information, payment card data, or similarly regulated categories of sensitive data.
During Deckata's early-access period, the Services are intended to be used with synthetic, anonymized, or sample datasets only. Customer agrees not to upload or connect real employee-identifiable HR data or other confidential workforce data to the Services unless a separate written agreement (such as a Data Processing Agreement and/or Order Form) expressly permits such use.
Customer represents and warrants that it will use the Services only in compliance with:
Customer agrees to indemnify and hold harmless Deckata from any damages, losses, liabilities, settlements, and expenses (including reasonable attorneys' fees) arising from any claim that results from Customer's use of the Services in violation of this Agreement, the Policy, or applicable law.
Although Deckata has no obligation to monitor Customer's use of the Services, Deckata may do so and may suspend or terminate access to the Services for any use it reasonably believes (or is alleged to be) in violation of this Agreement.
Customer is responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services (collectively, "Equipment"). Customer is responsible for maintaining the security of the Equipment, Customer accounts, passwords (including administrative and user passwords), and files, and for all uses of Customer's accounts and Equipment, whether or not authorized by Customer.
Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") may disclose non-public business, technical, or financial information relating to the Disclosing Party's business ("Proprietary Information"). Deckata's Proprietary Information includes non-public information regarding the features, functionality, and performance of the Services. Customer's Proprietary Information includes non-public data provided by Customer to Deckata to enable the provision of the Services ("Customer Data").
The Receiving Party agrees:
(i) to take reasonable precautions to protect the Disclosing Party's Proprietary Information; and
(ii) not to use (except as permitted in this Agreement) or disclose such Proprietary Information to any third party.
The foregoing obligations will not apply to any information that the Receiving Party can document:
(a) is or becomes generally available to the public without breach of this Agreement;
(b) was in its possession or known by it prior to receipt;
(c) was rightfully disclosed to it without restriction by a third party;
(d) was independently developed without use of the Disclosing Party's Proprietary Information; or
(e) is required to be disclosed by law or court order, in which case the Receiving Party will provide prompt notice (to the extent legally permitted) and reasonably cooperate with any efforts to limit or challenge the disclosure.
Customer shall own all right, title, and interest in and to Customer Data, as well as any data based on or derived from Customer Data that is provided to Customer as part of the Services.
Deckata shall own and retain all right, title, and interest in and to:
Notwithstanding anything to the contrary, Deckata shall have the right to collect, analyze, and use data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including information concerning Customer's use of the Services and Customer Data in aggregated or de-identified form).
Deckata may:
No rights or licenses are granted by either party except as expressly set forth in this Agreement.
Customer will pay Deckata the applicable fees described in an order form, early-access agreement, or similar document executed or agreed by the parties (the "Order Form") for the Services and any implementation or professional services (collectively, the "Fees").
If Customer's use of the Services exceeds any usage limits set forth in the Order Form, or otherwise requires payment of additional fees under this Agreement, Customer will pay such additional fees as specified by Deckata.
Deckata reserves the right to change the Fees or applicable charges and to institute new Fees at the end of the initial subscription term or then-current renewal term, upon at least thirty (30) days' prior notice (which may be sent by email).
Deckata may invoice Customer, or permit online payment, in accordance with the Order Form. Unless otherwise stated in the Order Form, invoices are due thirty (30) days from the invoice date.
Customer is responsible for all taxes associated with the Services, other than U.S. taxes based on Deckata's net income.
Subject to earlier termination as provided below, this Agreement will remain in effect for the initial subscription or evaluation period specified in the applicable Order Form or early-access enrollment (the "Initial Term") and will automatically renew for additional periods of the same duration (each, a "Renewal Term," and together with the Initial Term, the "Term"), unless either party gives the other party written notice of non-renewal at least thirty (30) days prior to the end of the then-current Term.
Either party may terminate this Agreement:
Deckata may suspend or terminate the Services immediately for non-payment.
Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon termination, Deckata will make Customer Data available for electronic retrieval for thirty (30) days (unless prohibited by law or requested earlier by Customer), after which Deckata may delete Customer Data in accordance with its standard procedures.
Sections that, by their nature, should survive termination (including, without limitation, accrued rights to payment, confidentiality, proprietary rights, warranty disclaimers, and limitations of liability) will survive termination.
Deckata will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner designed to minimize errors and interruptions and to perform any implementation or support services in a professional and workmanlike manner.
The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, or due to other causes beyond Deckata's reasonable control. Deckata will use reasonable efforts to provide advance notice of scheduled maintenance.
HOWEVER, ESPECIALLY DURING EARLY-ACCESS, DECKATA DOES NOT WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES IT WARRANT ANY SPECIFIC RESULTS FROM USE OF THE SERVICES OR THE SITE.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES, THE SITE, AND ANY IMPLEMENTATION OR SUPPORT SERVICES ARE PROVIDED "AS IS" AND DECKATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON OR CUSTOMER'S PAYMENT OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR EMPLOYEES SHALL BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY FOR:
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply in full in such jurisdictions.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Customer may not assign or transfer this Agreement, by operation of law or otherwise, without Deckata's prior written consent. Deckata may freely assign or transfer this Agreement.
This Agreement, together with any Order Form and any additional written agreements referenced herein, constitutes the complete and exclusive statement of the mutual understanding of the parties and supersedes all prior or contemporaneous proposals, communications, and agreements, whether oral or written, relating to the subject matter of this Agreement. Any waivers or modifications must be in a writing signed by both parties.
No agency, partnership, joint venture, or employment relationship is created by this Agreement, and neither party has authority to bind the other in any respect.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees.
All notices under this Agreement will be in writing and will be deemed given when received, if personally delivered; when receipt is electronically confirmed, if sent by email; the next business day, if sent by a recognized overnight delivery service; or three (3) business days after mailing, if sent by certified or registered mail (return receipt requested).
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, for any disputes not subject to arbitration or where arbitration is not available.