Currently in Beta mode

For more information reach out at: connect@requiem.com

HomeTerms & Conditions

Terms & Conditions

TERMS AND CONDITIONS 

Last Updated: 5-29-25

Welcome to Data Requiem.  These Terms AND Conditions, including any terms and conditions incorporated by reference (collectively, these “Terms and Conditions”) constitute a binding agreement between you and Caton Analytics, LLC (referred to as “Data Requiem”, “we”, “us” or “our”) when you access any website offered by us, including www.requiem.com (the “Website”), any mobile app offered by us, or any other platform we may provide (individually and collectively, the “Platform”) and any features, functions, services, products, offers, Content (as defined below), materials, or information available on or through the Platform (collectively the “Services”), in existence now or in the future.  You are referred to herein as “you” or “your” and when we use “you” or “your” we are referring to you and any person, party or entity who uses the Platform or any Services.  Together, you and Data Requiem are referred to herein as “Parties.”  The Privacy Policy posted at https://requiem.com/privacy-policy/ also forms part of these Terms.

We reserve the right to update or modify these Terms and Conditions at any time without prior notice by updating this page.  When we do so, we will update the “Last Updated” date located above.  You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically and to be aware of any changes.  Your continued use of the Platform and Services after changes to our Terms and Conditions shall constitute your agreement to be bound by the modified Terms.

BY USING THE PLATFORM AND SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES.

You agree not to gain unauthorized access to the Platform or Services, or any account, computer system or network connected to the Platform or otherwise, for example, through hacking, password mining or any other illicit means.

These Terms and Conditions contain a mandatory dispute resolution provision, available herein at Section 12 that includes a binding arbitration provision, class action waiver, and jury trial waiver that affect your rights.  The dispute resolution provision requires that disputes be resolved in individual arbitration or small claims court proceedings.  Please review these terms carefully.

Any breach of these Terms immediately terminates your right to access and use the Platform and Services and all rights and licenses granted to you by these Terms.

  1. Linking Your Digital Wallet; Third-Party Services
    1. In order to access certain Services, you will need to pay a fee (“Subscription Fees”) in one of the cryptocurrencies we accept. In order to do so, you will need to link a digital wallet owned by you to our Services.  We do not own or control any of the digital wallets that we support, and our support of a specific digital wallet should not be interpreted as our endorsement or guarantee of the functionality of that digital wallet.  Your use of the digital wallet you choose to use is at your own risk and subject to the terms and conditions of that digital wallet.  You can find information regarding how to connect your digital wallet to our Services, our subscription fees, the cryptocurrencies and wallets we accept, and in our FAQ available at https://requiem.com/faqs/. You are responsible for all uses of your digital wallet and for any actions that take place using your digital wallet, whether by you or by another person.  You are solely responsible for keeping your digital wallet private key confidential and secure.
    2. You are responsible for ensuring your digital wallet address has a sufficient amount of the applicable cryptocurrency to cover your Subscription Fee as well as any gas fees as described in Section 2.
    3. These Terms only relate to your use of the Services, and do not relate to any other website or Internet-based services, or other websites or browser extensions to which the Platform or Services may link (“Third-Party Sites”).  References or links to any Third-Party Site are provided for your convenience and information only.  Such links should not be interpreted as our endorsement of any Third-Party Site.  When you click such link, we may not warn you that you have left our Services and are subject to the terms and conditions and privacy policies of a Third-Party Site.  We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, advertising, products, services, information or other materials on Third-Party Sites.
    4.  You acknowledge and agree that we are not a party to any agreement or transaction where you trade on any Third-Party Site, whether or not we receive a commission or fee as a consequence of the transaction.  We are not liable for any loss incurred by you in connection with any transaction that takes place on any other Third-Party Sites or services.
    5. We may provide content or materials on social media platforms.  Any content you post on such platforms, including comments, is subject to the terms of use and privacy policies of those platforms and related services.  We have no control over such social media platforms or related services.
  2. Payment, Gas Fees and Taxes
    1. We have no control over the payments you make through a cryptocurrency, nor do we have the ability to reverse any payments or transactions that have been made.   You acknowledge that Data Requiem has no liability to you or to any third party for any claims or damages that may arise as a result of your payment not reaching us, including, but not limited to, instances where your payment was not properly processed on the applicable blockchain.  It is solely your responsibility to confirm that your payment for access to the Platform or Services has been accepted.  We do not provide refunds for any purchases that you might make, or Subscription Fees you may pay to Data Requiem on or through the Platform.
    2. Most blockchain transactions require the payment of a transaction fee known as a “Gas Fee” for which you are responsible unless we inform you otherwise.  Gas Fees are paid to the network of computers that operate the applicable blockchain and are not paid to Data Requiem.  Note that Gas Fees often fluctuate based on a number of factors.
    3. You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of the Platform (collectively, the “Taxes”).  You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other), including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction; and will not be entitled to deduct the amount of any such Taxes or amounts levied in lieu thereof from payments (including Gas Fees) made to us pursuant to these Terms.
  3. Intellectual Property; Use and Access
    1. The Platform and Services, including any data and databases, software, materials, text, images, graphics audio and video material, and other content,  as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all intellectual property rights therein (all of the foregoing, individually and collectively, the “Content”), are the property of Data Requiem and/or where applicable, its licensors or suppliers.  Data Requiem (on behalf of ourselves and, as applicable, our licensors) reserves all other rights, including all copyrights, in and to the Contents.  Any use of the Contents in a manner not permitted by these Terms and Conditions violates the intellectual property rights, and possibly other rights, of Data Requiem.  Any rights granted by Data Requiem hereunder may be modified or rescinded in their entirety if there are changes in technology, laws and/or regulations related to blockchain technology that would necessitate such changes to protect the Contents or other rights or property of Data Requiem.
    2. Subject to these Terms and Conditions, and your payment of the applicable Subscription Fee, Data Requiem hereby grants to you, and you accept from Data Requiem, for the term of access for which you have paid a Subscription Fee, a limited, non-exclusive, non-transferrable right to access and use the Services and Content for: (i) your own internal business purposes, including for research, analysis, decision-making, and creating reports for internal use, and (ii) for inclusion on a one-off basis in journalistic or academic works; provided that you cite “Data Requiem” as the source, and include a link to our website: app.requiem.com.  For the avoidance of doubt, the foregoing does not permit you to publish raw Content in bulk or more than a de minimis amount of Content without our explicit permission
    3. You may not: (i) copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, use to train AI models or machine learning algorithms, or otherwise exploit the Platform or any of the Content for yourself or for the benefit of any third party; (ii) access or use the Platform or the Content for any competitive purpose; (iii) modify any copyright, trademark or other proprietary notice or disclaimer on the Platform or included with the Content; or (iv) frame, in-line link or otherwise associate or link the Platform or Content with content or information not originating from the Platform.  Any violation of this Section 3 is strictly prohibited.  We may revoke this limited license at any time for any or no reason.  We will enforce our intellectual property rights to the fullest extent of the law.
    4. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms.
    5. Any use of the Content other than as expressly authorized herein, without the prior explicit written permission of Data Requiem, is strictly prohibited and shall immediately terminate your right to access and use the Services and all rights and licenses granted to you by these Terms.  Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
    6. The trademarks, service marks, trade names and logos, including DATA REQUIEM, REQUIEM and any third-party marks used and displayed through the Platform and Services are trademarks of Data Requiem, its licensors, affiliates or sponsors, and no license is granted to you under these Terms and Conditions or by your use of the Platform or Services.  Any such unauthorized use of these marks in any manner is strictly prohibited.
    7. The artwork, audio, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Platform and Services are service marks, trademarks and/or trade dress of Data Requiem and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by Data Requiem in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Data Requiem.
    8. You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including, without limitation, about how to improve the Platform or Services through the email address provided at the end of these Terms (collectively, “Feedback”).  By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
    9. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.  By accessing our Platform, you agree not to use any data mining, robots, scraping or similar data gathering or extraction methods.
  4. Acknowledgments and Assumptions of Risk For Paying With Cryptocurrencies
    1. You acknowledge and agree that there are risks associated with purchasing, holding, and using digital currency through your digital wallet.  By linking your digital wallet and using digital payment to access the Services and Content, you expressly acknowledge and assume all risks including, but not limited to: forgotten passwords; inability to access or use your digital wallet for any reason; mistyped addresses or improperly constructed instructions when transmitting or receiving any cryptocurrency; errors in our Platform or Services; inability to use or access any digital content; blockchain malfunctions or other technical errors; server failure or data loss; telecommunications failures; unfavorable regulatory determinations or actions (including with respect to cryptocurrencies); taxation of cryptocurrencies; uninsured losses; unanticipated risks; volatility risks in the value of cryptocurrencies; cybersecurity attacks; weaknesses in Data Requiem’s security; personal information disclosure; unauthorized access to applications; unauthorized third-party activities, including, without limitation, the introduction of viruses or other malicious code; and the use of phishing, sybil attacks, 51% attacks, bruteforcing, changes to the protocol rules of a blockchain (i.e., “forks”), or other means of attack that affect, in any way, the Data Requiem Services or Platform (the foregoing, collectively, “Platform Risks”).  If you have any questions regarding these risks, please contact us at the email address provided at the end of these Terms.
    2. You acknowledge that you have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of, blockchain technology, digital assets, digital wallets, and cryptocurrencies to understand these Terms and to appreciate the risks and implications of using Data Requiem’s Services.
    3. You acknowledge and represent that there is substantial uncertainty as to the characterization of digital assets under applicable law.  You acknowledge that your purchase of a Data Requiem Services complies with applicable laws and regulation in your jurisdiction.
    4. You also acknowledge and agree that:
      1. The prices of blockchain assets are extremely volatile, subjective and have no inherent or intrinsic value.
      2. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet.
      3. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform or Services.
      4. Upgrades to a blockchain, a hard fork in a blockchain, or a change in how transactions are confirmed on a blockchain may have unintended, adverse effects on all blockchains using the blockchain’s payment standards, including the Platform.
  5. Your Warranties

You agree that you are responsible for your own conduct while accessing or using the Platform and Services, and for any consequences thereof.  You agree to use the Platform and Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.  You warrant and agree that your use of the Platform and Services will not (and will not allow any third party to), in any manner, involve:

  1. sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) uploading, posting, transmitting or otherwise making available through the Platform or Services any content that infringes the intellectual proprietary rights of any party; (iv) using the Platform or Services to violate the legal rights (such as rights of privacy and publicity) of others; (v) engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering); (vi) interfering with other users’ enjoyment of the Platform or Services; (vii) exploiting the Platform or Services for any unauthorized commercial purpose; (viii) modifying, adapting, translating, or reverse engineering any portion of the Platform or Services; (ix) removing any copyright, trademark or other proprietary rights notices contained in or on the Platform or Services or any part of it; or reformatting or framing any portion of the Platform or Services; (x) displaying any content on the Platform or through the Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights; (xi) using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or Services, or to collect information about its users for any unauthorized purpose; (xii) accessing or using the Platform or Services for the purpose of creating a product or service that is competitive with any of our products or services; (xiii) abusing, harassing, or threatening another user of the Platform or Services or any of our authorized representatives; (xiv) using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Platform or Services or any of our authorized representatives; or (xv) impersonating another person (via the use of an email address or otherwise).
  1. Digital Millennium Copyright Act Notice & Take-Down Procedures
    1. We respect the intellectual property of others, and we ask you to do the same.  Accordingly, Data Requiem has adopted the following policy.  If you or any user of the Platform or Services believes its copyrights have been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately.  To be effective, the notification must include:
      1. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
      2. Identification of the copyrights claimed to have been infringed;
      3. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
      4. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrights that is to be removed and information reasonably sufficient to permit us to locate such materials;
      5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
      6. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.  Pursuant to the Digital Millennium Copyright Act of 1976 (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be reached at sigal@datarequiem.com.
    2. Once notice is received, we will act expeditiously to review and if necessary to remove content on the Platform that infringes the copyrights of others and may disable the access to the Platform and its Services of anyone who uses them to repeatedly infringe the copyrights of others.  We are not liable for any such removal and the claims of the Complaining Party may be referred to the United States Copyright Office for adjudication as provided in the DMCA.
  2. General Disclaimers
    1. DATA REQUIEM MAKES NO WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DATA REQUIEM PLATFORM,   SERVICES OR CONTENT, INCLUDING ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, TECHNICAL OPERATION OR PERFORMANCE, DESCRIPTION, QUALITY (INCLUDING A DATA REQUIEM’S DIGITAL DISPLAY), CONDITION, ACCURACY, ATTRIBUTION, AUTHENTICITY, SCARCITY, IMPORTANCE, MEDIUM, PROVENANCE, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS SPECIFICALLY DISCLAIMED.  DATA REQUIEM SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.  DUE TO THE NATURE OF THE INTERNET, WE CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SERVICES OR PLATFORM.  WE MAY LIMIT OR RESTRICT THE AVAILABILITY OF THE SERVICES, PLATFORM OR CERTAIN AREAS OR FEATURES, AS DETERMINED BY US FOR REASONS OF SECURITY OR INTEGRITY OF THE SERVICES OR PLATFORM, OR TO CARRY OUT MAINTENANCE.  IF YOU ARE DISSATISFIED WITH ANY ISSUES RELATING TO THE PLATFORM OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM OR SERVICES.  EXCEPT AS IS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS SECTION 7(a).
    2. DATA REQUIEM IS A PLATFORM PROVIDER.  WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR.  THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY.
    3. We are not responsible to you for any reason (whether for breaching these Terms or any other matter relating to your access to Data Requiem Services) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Terms.  We have no responsibility to any person other than a purchaser in connection with the purchase of access to Data Requiem Services on this Platform.
    4. Neither we nor you will be responsible for any failure to meet any obligation which we or you have under these Terms which is caused by circumstances beyond our or your reasonable control.  This includes, but is not limited to fire, flood, natural disasters, armed conflict, terrorist attack, labor matters, pandemic, technology or telecommunications failures, cyberattacks, or any unauthorized third-party activities.
    5. We will not be responsible or liable to you or any other party for errors or failures to execute any digital currency purchase, including, without limitation, errors or failures caused by: (i) your failure to follow our instructions; (ii) any loss of connection to our Platform or Services unless caused by our gross negligence; (iii) a failure of any software or device used by you to purchase access to Data Requiem Services; or (iv) for any other failure to execute your access purchase or for errors or omissions in connection with this activity unless caused by our gross negligence.
    6. Data Requiem makes no representation that any Services are legal or appropriate for use outside of the United States or that any Services may be exported from the United States or for import into any foreign country.  You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the Platform.
  3. Limitation of Liability
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL DATA REQUIEM BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION); AND (II) ANY DAMAGES ARISING FROM USE OF THE PLATFORM, SERVICES, OF CONTENT, ANY PLATFORM RISKS AS SET FORTH IN SECTION 4, ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF CRYPTOCURRENCIES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF DATA REQUIEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
    2. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DATA REQUIEM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, EXCEED [THE AMOUNT OF SUBSCRIPTION FEES PAID RELATING TO THE SUBJECT OF THE CLAIM].  FOR ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS THAT MAY ARISE UNDER THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS SHALL BE LIMITED TO ACTUAL DAMAGES AND OUT-OF-POCKET COSTS INCURRED, BUT SHALL IN NO EVENT INCLUDE ATTORNEYS’ FEES.
    3. THE LIMITATIONS SET FORTH IN THIS SECTION 8 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF DATA REQUIEM.
  4. Release

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Data Requiem and its affiliates, licensors, suppliers and sponsors, and each of their respective directors, officers, agents, contractors, partners, advisors, employees, licensors, content creators, and suppliers from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with your use of the Platform or Services.

  1. Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Data Requiem and our past, present and future parent, affiliates and subsidiaries, licensors, suppliers and sponsors, and together with each of their directors, officers, employees and agents from and against any action, loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your breach of these terms; your violation of laws, rules or regulations; your violation of any intellectual property right or other rights of another party; or your misuse of the Platform or Services.  The foregoing defense and indemnification obligation will survive these Terms and your use of the Services.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate in connection with the defense of those claims.

  1. Termination

We reserve the right, in our sole and exclusive discretion, to refuse, suspend, restrict or terminate your access to the Platform or Services, or any portion thereof, without notice and for any reason or no reason.  You acknowledge that we have the right, but not the obligation, to suspend or terminate your access to all or part of the Platform or Services: at the request of law enforcement or other government agencies; if the Platform or Services are discontinued or materially modified; upon the occurrence of any technical or security issues or problems; if you engage in any conduct that we believe, in our sole and exclusive discretion, violates any provision of these Terms or other incorporated agreements or guidelines or violates the rights of Data Requiem or third parties; or upon any breach by you of these Terms.

  1. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver, Jury Trial Waiver)
    1. Please read this Section 12 carefully as it affects your legal rights.  It provides for the resolution of most Disputes (defined below) through individual arbitration instead of court trials and class actions.  Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited.  Arbitration is final and binding and subject to only limited review by a court.  This Section 12 also contains a class action waiver and a jury trial waiver.  The class action waiver provision waives any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.
    2. ARBITRATION AGREEMENT.
      1. Binding Individual Arbitration.  Any dispute or claim arising out of or relating to these Terms and Conditions, your use of the Platform and Services, or your relationship with Data Requiem, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may elect to have a Dispute heard in small claims court so long as it is not removed or appealed to a court of general jurisdiction.  Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance unless you and Data Requiem agree otherwise.  Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms and Conditions.  Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property.  The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in these Terms and Conditions; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute.  These Terms and Conditions and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency.  You and Data Requiem agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
      2. Mandatory Informal Dispute Resolution Process.  Mindful of the costs and burdens associated with legal disputes, not only in dollars but also in time and energy, both you and Data Requiem agree to the following informal dispute resolution procedure before you or Data Requiem may initiate arbitration.  In the event of any Dispute that arises between you and Data Requiem, the party asserting the Dispute shall first send written notice to the other party that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims; (3) a detailed description of the relief sought, including a good faith calculation for it; and (4) information sufficient to identify any account and transaction at issue.  The notice must be personally signed by the party asserting the Dispute (and counsel, if represented).  Your notice to Data Requiem must be sent to signal@datarequim.com.  Our notice to you must be sent to the most recent contact information we have on file for you.  For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and Data Requiem agree to negotiate in good faith in an effort to informally resolve the Dispute.  The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute.  If such a conference is requested, you and a Data Requiem representative will personally attend (with counsel, if represented).  The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.  Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration.  If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed.  The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.  Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration.  All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process.  You or Data Requiem may commence arbitration only if the Dispute is not resolved through this Process.
      3. Arbitration Procedures.  The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement.  The AAA Rules are available online at www.adr.org.  You and Data Requiem understand and agree that the AAA’s administrative determination to register this arbitration agreement means it comports with the Consumer Due Process Protocol and that this determination is final and neither a court nor an arbitrator has the authority to revisit it.  If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so.  If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.  An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented).  If you are submitting an arbitration demand, you shall send it to Data Requiem at signal@datarequirem.com and follow the AAA Rules for initiating arbitration.  If Data Requiem is submitting an arbitration demand, we shall send it to the most recent contact information we have on file for you and follow the AAA Rules for initiating arbitration.  By submitting an arbitration demand, the party and counsel represent that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b).  The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.  You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise.  You and Data Requiem reserve the right to request a hearing in any matter from the arbitrator.  You and a Data Requiem representative will personally appear at any hearing (with counsel, if represented).  Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location.  An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.  Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding.  An arbitrator must follow and enforce these Terms and Conditions as a court would.  If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated.  The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions.  The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.  Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered.  An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.  Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered to the fullest extent permitted by applicable law.
      4. Costs of Arbitration.  Payment of arbitration fees will be governed by the AAA Rules and fee schedule.  You and Data Requiem agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration.  Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
      5. Additional Procedures for Mass Arbitration: You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration.  If 25 or more similar claims (including your Dispute) are asserted against Data Requiem by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court.  The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the claims, streamline procedures, address the exchange of information, modify the number of cases to be adjudicated, and conserve the parties’ and the AAA’s resources.  If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
        1. STAGE ONE: If at least 50 claims are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Data Requiem shall each select 25 claims (50 total) to be filed and to proceed as cases in individual arbitrations as part of this initial staged process.  The number of claims to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50, all shall proceed individually in Stage One).  Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually.  If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One.  The remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims.  After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with mediator jointly selected by counsel in an effort to resolve the remaining claims (as informed by the adjudications of cases in Stage One), and Data Requiem shall pay the mediator’s fee.
        2. STAGE TWO: If the remaining claims that are part of the Mass Arbitration have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Data Requiem shall each select 50 claims per side (100 total) to be filed and to proceed as cases in individual arbitrations as part of a second staged process.  The number of claims to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100, all shall proceed individually in Stage Two).  No more than two cases may be assigned to a single arbitrator to proceed individually.  If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two.  The remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims.  After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining claims with a mediator jointly selected by counsel in an effort to resolve the remaining claims (as informed by the adjudications of cases in Stages One and Two), and Data Requiem shall pay the mediator’s fee.
        3. Upon the completion of the mediation set forth in Stage Two, each remaining claim (if any), including your Dispute (if applicable), that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms and Conditions, including the other provisions of this Section 12.  Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining claims in individual arbitrations consistent with the process set forth in Stage Two (except cases shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process.  A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.  The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement.  If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms and Conditions, including the other provisions of Section 12.
    3. Future Changes to Arbitration Agreement: If we make any future changes to this arbitration agreement (other than a change to Data Requiem’s contact information), you may reject any such change by sending your personally signed, written notice to Data Requiem within 30 days of the change at signal@datarequirem.com with a clear statement that you wish to opt out of changes to the arbitration agreement.  Such written notice does not constitute an opt out of arbitration altogether.  By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Data Requiem in accordance with this version of the arbitration agreement.
    4. CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
      1. YOU AND DATA REQUIEM EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.  YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
      2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
  2. Miscellaneous
    1. Severability.  If any provision of these Terms is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
    2. Entire Agreement.  These Terms and the Privacy Policy https://requiem.com/privacy-policy/ represent the entire agreement between you and Data Requiem relating to your right to access and use the Platform or Services, and supersede any and all prior or written or oral agreements between you and Data Requiem with respect to such subject matter.
    3. No Waiver.  No waiver by Data Requiem of any breach or default by you under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any waiver by Data Requiem must be in writing signed by Data Requiem.
    4. Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Data Requiem.  These Terms and Conditions are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.  No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement or cause of action, or creates any other third-party beneficiary rights.
    5. Governing Law and Venue.  These Terms and Conditions and your use of the Platform and Services are governed by the laws of the State of Texas without regard to its choice of law provisions.  However, any determination as to whether a dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C.  § 1 et seq.  If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or there is a challenge to the enforceability of these Terms and Conditions, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Austin, Texas, for purposes of any legal action and waive any objections as to personal jurisdiction and to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or right to seek to transfer or change venue of any such action to another court.
    6. Notice to California Residents.  If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N.  Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or Services or to receive further information regarding use of the Platform or Services.

Thank you for using our Platform and Services.  If you have any questions regarding these Terms, the Platform, or the Services, please contact us by email at signal@datarequiem.com.