Terms of service
These terms govern the diagnostic, installation and operation of systems by DATIK. Where a signed order form or agreement says something different, the signed document wins.
Effective 17 September 2026. DATIK Inc., 4300 Biscayne Blvd, Miami, FL 33137. Questions: info@datik.click.
1. Who we are and what these terms cover
DATIK Inc., a Florida corporation ("DATIK", "we"), provides a free diagnostic call, installation of content, chatbot and follow-up systems ("Systems"), and monthly operation of those Systems ("Subscription") to businesses ("Client", "you"). Using this website or engaging us for any of these means you accept these terms.
2. The diagnostic
The diagnostic is free, non-binding and creates no obligation on either side. We may decline to proceed after it and will tell you why. The one-page map we send you is yours to use with any vendor.
3. Order, scope and price
Work begins after a written order (email is sufficient) stating the Systems, the install fee, the included period and the monthly fee. Prices are those published on datik.click/pricing on the order date unless the order says otherwise. Scope changes are agreed in writing before the work; we do not invoice for work you did not approve.
4. Install fee and included period
The install fee covers building the Systems around your business and operating them for the included period stated in the order. It is payable before work begins and is non-refundable once installation has started, except as stated in section 12. The included period starts on the day the first System goes live.
5. Subscription
After the included period the Subscription continues month to month unless cancelled under section 11. The monthly fee is charged in advance. The Subscription covers what is listed under "What the subscription covers" on the pricing page on the order date, and that list forms part of these terms. Your own API, tool, hosting and messaging costs run on your accounts and are not part of our fee; we show you the estimate before install and the actual figure in each monthly report.
6. What you own
From the first day, you own: the accounts the Systems run on, the API keys, the repository containing code, prompts and configuration written for you, the documentation, and all content published under your name. We own our general methods, templates, know-how and any improvements to them. We may reuse general patterns learned from operating Systems, but never your data, your content or anything that identifies you or your customers.
7. Your responsibilities
You will give us the access and the two to three hours of your team's time the install needs, and review and approve samples of anything your customers may read or hear before it goes live. You confirm that any contact list you give us was collected lawfully, that you hold the consents required to contact the people on it by the channels you ask us to use, and that you will keep those records. You are responsible for the accuracy of information about your business that we publish on your instructions. You will not ask us to build anything that impersonates a person, hides that it is automated, or violates a platform's rules or the law.
8. Our responsibilities
We will build and operate the Systems as described in the order, monitor them, respond to failures within four working hours during the Subscription, apply model and platform changes with testing, change anything customer-facing only with your approval, and send a monthly report in your business's metrics. We will identify automated systems as such, check consent and opt-out records before sending, and refuse to send where we cannot see a lawful basis.
9. Compliance
Each party will comply with laws applicable to it, including the Telephone Consumer Protection Act, the CAN-SPAM Act, Florida's telemarketing and call-recording laws, and platform rules for WhatsApp, Instagram and carriers. Where a System handles health, legal or financial information, the parties will agree any additional terms the law requires before that System goes live. If a law or platform rule changes so that a System cannot lawfully operate as designed, we will tell you and propose a change; either party may cancel the affected System without penalty if no lawful design exists.
10. Confidentiality
Each party keeps the other's non-public business information confidential, uses it only for this engagement, and returns or deletes it on request, subject to legal retention requirements. This survives the end of the engagement for three years.
11. Cancellation and handover
You may cancel the Subscription for any reason by email, effective at the end of the current paid month, at any time after the included period. On cancellation you keep everything in section 6. We provide six weeks of handover support to you or your next provider at no charge, covering documentation questions and access transfer. We may cancel with thirty days' notice, or immediately if you breach section 7 or fail to pay within fifteen days of a reminder.
12. If it does not work
If within fourteen days of a System going live it does not perform the functions written in the order, tell us in writing. We will fix it within a further fourteen days or refund the install fee for that System. This is your remedy for a System that does not do what was ordered. We do not guarantee search rankings, citation frequency, reply rates, appointment volume or revenue: these depend on your market, your list, your offer and third parties we do not control.
13. Warranties and disclaimer
We warrant that we will perform the services with reasonable skill and care and that we have the right to grant the ownership in section 6. Except as stated in these terms, the services are provided without other warranties, express or implied, including fitness for a particular purpose. Third-party platforms, models and carriers are outside our control, and their outages, changes or decisions are not a breach by us.
14. Limitation of liability
Neither party is liable to the other for indirect, consequential or special damages, lost profits or lost business, however arising. Our total liability under this engagement is limited to the fees you paid us in the six months before the event giving rise to the claim. These limits do not apply to a party's breach of confidentiality, to indemnity under section 15, or to liability that cannot be limited by law.
15. Indemnity
You will defend and hold us harmless from third-party claims arising from lists, content or instructions you provided, including claims that a contact lacked consent. We will defend and hold you harmless from third-party claims that our methods or code, as delivered and unmodified, infringe another party's intellectual property.
16. General
These terms, the order and the pricing page list referenced in section 5 are the entire agreement. If a term is found unenforceable, the rest stands. Neither party may assign the agreement without consent, except to a successor of its business. Notices go to the email addresses in the order. Florida law governs, without regard to conflict-of-law rules. The state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and each party consents to it. The prevailing party in any action to enforce these terms recovers reasonable attorneys' fees.