Terms of Service

Last updated: August 13, 2026

1. Acceptance of Terms

By accessing or using the NeonData platform, API, MCP server, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are accessing the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

NeonData provides a multi-source marketing data aggregation and intelligence platform for brick-and-mortar service businesses. The Service includes:

• Automated ingestion of marketing and operational data from connected third-party sources
• Structured data storage and transformation pipelines
• A Model Context Protocol (MCP) server enabling AI agent access to aggregated data
• A REST API for programmatic access to account data
• An administrative dashboard and visualization interface

3. Account Registration and Security

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your API keys and access credentials. You agree to notify NeonData immediately of any unauthorized use of your account. NeonData is not liable for any loss resulting from unauthorized access to your account.

4. Third-Party Data Sources and Authorizations

The Service connects to third-party platforms including Google (Search Console, Analytics, Ads, Business Profile), Meta, Ahrefs, and Uberall. By connecting these sources, you:

• Represent that you have the authority and necessary permissions to authorize NeonData to access data from those accounts
• Agree that your use of third-party platform data remains subject to each platform's own terms of service
• Acknowledge that NeonData accesses only the data scopes explicitly authorized during the OAuth connection flow

NeonData's use of Google API data is subject to the Google API Services User Data Policy, including the Limited Use requirements.

5. Acceptable Use

You agree not to:

• Use the Service to access data you do not have authorization to access
• Attempt to reverse-engineer, decompile, or extract source code from the Service
• Use automated means to scrape or bulk-extract data beyond normal API usage
• Resell or sublicense access to the Service without written permission
• Use the Service for any unlawful purpose or in violation of any applicable regulations

6. Data Ownership

You retain full ownership of your business data. NeonData does not sell, share, or transfer your account data to third parties except as required to operate the Service (e.g., cloud infrastructure providers under data processing agreements). Aggregated, anonymized platform metrics may be used to improve the Service.

7. Intellectual Property

The NeonData platform, including its software, schemas, and documentation, is the intellectual property of NeonData and its licensors. Nothing in these Terms grants you ownership of the platform itself. Your data remains yours.

8. Service Availability and Modifications

NeonData will make reasonable efforts to maintain service availability but does not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue features of the Service with reasonable notice. We may update these Terms from time to time; continued use after notice of updates constitutes acceptance.

9. Limitation of Liability

To the maximum extent permitted by applicable law, NeonData shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, including loss of business data or revenue. Our total liability for any claim arising under these Terms shall not exceed the amount paid by you for the Service in the three months preceding the claim.

10. Termination

Either party may terminate access to the Service at any time. Upon termination, your access credentials will be revoked. Data retained in NeonData's systems will be deleted within 90 days of account termination upon request, subject to legal retention obligations.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Delaware.

12. Text Messaging (SMS) Terms

NeonData EMR includes a patient communications feature through which participating clinics send text messages to their patients, such as appointment reminders, confirmations, and other care-related notifications. If you opt in to receive text messages from a clinic that uses NeonData, the following terms apply:

• Consent. You will only receive messages if you provided your phone number and agreed to receive text messages, either directly to the clinic or through its booking and intake process. Consent to receive text messages is not a condition of purchasing any goods or services or of receiving treatment.
• Message frequency varies based on your appointments and interactions with the clinic.
• Message and data rates may apply. Any such charges are billed by your mobile carrier.
• Opt out at any time by replying STOP to any message. You will receive one final message confirming your opt-out, after which no further messages will be sent to your number. You may also ask the clinic directly to remove your number.
• Help. Reply HELP to any message for assistance, contact the clinic that sends your messages, or email legal@neondata.co.
• Carrier liability. Mobile carriers are not liable for delayed or undelivered messages.

How mobile information is collected, used, and protected is described in Section 12 of our Privacy Policy, including our commitment that mobile information is never shared with third parties for marketing purposes.

13. NeonData EMR and Protected Health Information

NeonData EMR is an optional module, not part of the data platform. If your account does not have NeonData EMR enabled, NeonData does not receive, store, or process protected health information ("PHI") on your behalf, and nothing in this section applies to you. Marketing and operational data from connected advertising, analytics, and listing sources is not PHI.

The remainder of this section applies only to accounts with NeonData EMR enabled.

• Roles. You act as the Covered Entity (or as a Business Associate of one) under the Health Insurance Portability and Accountability Act ("HIPAA"). NeonData acts as your Business Associate with respect to PHI processed through NeonData EMR.
• A Business Associate Agreement is required. A separate BAA must be executed before PHI is entered into NeonData EMR. That agreement governs our handling of PHI, and where it conflicts with these Terms, the BAA controls.
• Permitted use. We use and disclose PHI only to provide and support NeonData EMR, as permitted by the BAA, and as required by law. We do not use PHI for advertising, do not sell it, and do not use it to train artificial-intelligence models.
• Clinical data is not exposed to AI agents. The MCP server and any AI-agent interface cover marketing and document data only. Patient records, clinical notes, and appointment details are not reachable through them.
• Your responsibilities. You are responsible for obtaining any consent or authorization required to collect and enter patient information, for the accuracy of clinical records you create, and for managing which of your personnel hold access.
• Safeguards. NeonData EMR isolates each tenant's clinical data at the database level, records access in an append-only audit log the application cannot rewrite, and encrypts data in transit and at rest.
• Termination. On termination, PHI is returned or destroyed in accordance with the BAA rather than under Section 10's general retention terms.

NeonData EMR is offered as early access. It is a record-keeping and scheduling tool, not a medical device, and it does not provide clinical advice or decision-making.

14. Contact

For questions about these Terms, contact us at: legal@neondata.co