Terms of Service

Effective date: March 10, 2026

Driftmark is a product operated by Exceliant Inc.

These Terms of Service ("Terms") govern your access to and use of Driftmark websites, applications, and related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms.

Eligibility and Account Responsibilities

You represent that you have authority to bind your organization to these Terms. You are responsible for maintaining account security, safeguarding credentials, and all activity occurring under your account.

Use of the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Services for internal business purposes.

You may not misuse the Services, interfere with operation, attempt unauthorized access, or use the Services in violation of applicable law.

Customer Data

You retain ownership of your Customer Data. You grant us rights to process Customer Data solely as needed to provide, secure, and support the Services, consistent with applicable agreements and law.

Third-Party Services

The Services may rely on third-party platforms, integrations, or APIs (including Microsoft Graph). Your use of those services may be subject to third-party terms and policies.

Fees and Billing

Paid plans are billed according to your selected subscription and billing cycle. Unless stated otherwise, fees are non-refundable except where required by law or explicitly set out in a separate agreement.

Intellectual Property

The Services, including software, content, and branding, are owned by Exceliant Inc. and its licensors, and are protected by applicable intellectual property laws.

Confidentiality

Each party may receive confidential information from the other and agrees to protect it using reasonable care, and to use it only as needed for performance under these Terms.

Disclaimers

The Services are provided on an "as is" and "as available" basis. Except as expressly stated, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenues, data, or goodwill.

Our aggregate liability arising out of or relating to the Services will not exceed amounts paid by you for the Services during the twelve months preceding the event giving rise to liability.

Indemnification

You agree to indemnify and hold harmless Exceliant Inc. from claims, damages, and expenses arising from your use of the Services, violation of these Terms, or violation of applicable law.

Term and Termination

These Terms apply while you use the Services. We may suspend or terminate access for material breach, security risk, legal compliance needs, or non-payment, subject to applicable law and contractual terms.

Governing Law and Dispute Resolution

These Terms are governed by the laws applicable in your governing contract jurisdiction with Exceliant Inc., excluding conflict-of-law principles. Disputes will be resolved according to the dispute resolution process set out in that governing agreement or applicable law.

Changes to These Terms

We may update these Terms from time to time. Updated Terms become effective when posted unless otherwise stated. Continued use of the Services after updates constitutes acceptance of the revised Terms.

Contact

For questions about these Terms, please contact us through our contact page.