DataMaster

The Right Data | The Right Time | The Right Decision

Terms and Conditions

DataMaster® Terms & Conditions

Effective date: August 13, 2025
Entity: Market Data Service, LLC (“DataMaster,” “we,” “us,” “our”)
Applies to: DataMasterUSA.com, the DataMaster® software, related websites, apps, and messaging programs (the “Services”).

1) Acceptance of Terms

By creating an account, accessing, or using the Services, you agree to these Terms & Conditions (“Terms”). If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” means that organization.

2) Who May Use the Services

The Services are designed for adult professionals in the United States for real-estate business purposes. You must be at least 18 years old and legally able to enter contracts. We may decline or terminate access for any lawful reason.

3) Accounts, Security & Your Responsibilities

  • You must provide accurate account information and keep it updated.

  • You are responsible for safeguarding credentials and any activity under your account. Notify us promptly of unauthorized use.

  • You must comply with all applicable laws, carrier rules, MLS policies, and these Terms.

4) License & Ownership

  • We grant you a limited, non-exclusive, non-transferable license to access and use the Services during your subscription term.

  • DataMaster and its licensors retain all rights, title, and interest in the Services and related IP. You may not copy, modify, reverse engineer, or create derivative works except as expressly permitted in writing.

5) Customer Content & Data

  • You retain ownership of data you submit (“Customer Data”). You grant us a license to host, process, transmit, display, and create de-identified/aggregated data to operate, secure, and improve the Services.

  • You represent you have all rights and consents to upload and use Customer Data with the Services.

6) MLS & Third-Party Integrations

  • Some features require connections to MLSs or third-party tools. Your use of integrated data is subject to each MLS’s and third party’s rules.

  • You may not scrape, resell, redistribute, or use MLS data outside the scope permitted by the MLS and these Terms.

  • We are not responsible for third-party systems, data accuracy, outages, or changes to their services.

7) Acceptable Use

You will not:

  • use the Services for unlawful, infringing, deceptive, or abusive purposes;

  • upload malware or interfere with security or operations;

  • attempt to bypass usage limits, authentication, or fees;

  • misrepresent identity, affiliation, sender, or consent status;

  • use the Services to build a competing product or benchmark for competitive purposes without consent.

8) A2P/10DLC Messaging Program & Communications Terms (SMS/MMS/Voice/Email)

8.1 Overview

DataMaster may communicate with you—and, if applicable, enable your organization to communicate with its contacts—by email, SMS/MMS over 10DLC or toll-free, and voice calls or ringless voicemail (collectively, “Messaging”). All Messaging must comply with: CTIA Messaging Principles, carrier/10DLC rules, TCPA and state “mini-TCPA” laws, CAN-SPAM (for email), and any applicable industry standards.

8.2 Opt-In, Opt-Out, and Required Disclosures

  • Marketing texts require prior express written consent from the recipient. Transactional texts require prior express consent.

  • Every SMS/MMS program must present clear opt-in disclosures: the program name/purpose, that consent is not a condition of purchase, message frequency, “Msg&Data rates may apply,” and STOP/HELP instructions.

  • Opt-out: Recipients can reply STOP to end; HELP for help. You must honor opt-out requests immediately (no later than a commercially reasonable time, typically within minutes).

  • Email: Provide a working unsubscribe link; honor within 10 business days.

8.3 10DLC Registration & Compliance

  • If you send A2P SMS/MMS via the Services, you must accurately register your Brand and Campaigns (or supply required info to our provider) and keep details current.

  • You authorize us to disclose necessary information to carriers/CAMs to facilitate registration, verification, and compliance monitoring.

  • We may suspend or throttle traffic that appears non-compliant, high risk, or likely to be blocked by carriers.

8.4 Prohibited Messaging Content

You may not send:

  • illegal content, phishing, scams, or deceptive claims;

  • sensitive PII (e.g., SSN, full card numbers);

  • SHAFT content (sexually explicit, hate/harassment, alcohol where restricted, firearms/illegal weapons, tobacco/vape) unless explicitly permitted by law, carrier rules, and your campaign;

  • cannabis/controlled substances promotions where prohibited by carriers or law;

  • affiliate lead-gen, snowshoeing, or content that obscures sender identity;

  • messages without valid opt-in or to numbers on applicable Do-Not-Call lists where required.

8.5 Quiet Hours, Consent Records & Audit

  • You must comply with time-of-day restrictions under federal and state laws (e.g., local “quiet hours”).

  • Maintain auditable records of consent and opt-outs for at least 4 years.

  • Upon reasonable request, you must provide proof of consent, campaign samples, and opt-out logs.

8.6 Delivery, Rates, and Carrier Disclaimers

  • Message delivery is not guaranteed and may be delayed or blocked by carriers or networks. Carriers are not liable for delayed/undelivered messages.

  • Message & data rates may apply to recipients.

  • We may change short/long codes, sender IDs, throughput, or routing as needed for compliance or performance.

8.7 Your Responsibilities; Indemnity

If your organization sends Messaging via the Services, you are the sender under applicable laws. You are solely responsible for: (a) obtaining valid consent; (b) honoring opt-outs; (c) registering brand/campaigns; (d) message content; and (e) compliance with all laws and carrier rules. You will defend, indemnify, and hold DataMaster harmless from any claims, fines, or losses arising from your Messaging.

9) Fees, Billing & Taxes

  • Subscription fees, usage charges (if any), and applicable taxes are due as stated at purchase or on invoices.

  • Subscriptions auto-renew unless cancelled per your plan.

  • Except where required by law, fees are non-refundable.

  • We may suspend or terminate the Services for unpaid amounts after notice.

10) Confidentiality

Each party may access non-public information of the other (“Confidential Information”). The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to employees/contractors with a need to know who are bound by confidentiality obligations, or as required by law.

11) Privacy

Your use of the Services is subject to our Privacy Policy. Where we act as your service provider/processor for Customer Data, we process such data according to your instructions and our agreement.

12) Security & Incident Response

We implement administrative, technical, and physical safeguards designed to protect the Services. No system is perfect; if we become aware of a breach affecting your data, we will notify you as required by law.

13) Warranties & Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT DATA WILL BE ACCURATE OR COMPLETE.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR INDEMNITY, EACH PARTY’S TOTAL LIABILITY RELATED TO THE SERVICES IS LIMITED TO THE AMOUNTS PAID BY YOU TO DATAMASTER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

15) Indemnification

You will defend, indemnify, and hold harmless DataMaster and its affiliates, officers, employees, and agents from any third-party claim, damage, fine, penalty, or expense (including reasonable attorneys’ fees) arising out of: (a) your use of the Services; (b) Customer Data; (c) Messaging you send or cause to be sent; (d) your breach of these Terms or law; or (e) your violation of third-party rights (including MLS and carrier rules).

16) Suspension & Termination

We may suspend or terminate all or part of the Services immediately if: (a) required by law/carriers; (b) we detect a security risk; (c) you breach these Terms or fail to pay; or (d) your Messaging, data use, or integrations pose compliance risk. You may terminate per your plan by providing the required notice. Upon termination, your license ends and we may delete or deactivate the account per our retention policy.

17) Changes to the Services or Terms

We may modify the Services or these Terms to reflect changes in technology, law, carrier/MLS rules, or business needs. If changes are material, we will post the updated Terms with a new effective date and, where appropriate, provide notice through the Services. Continued use after the effective date constitutes acceptance.

18) Beta/Preview Features

From time to time we may offer beta or preview features. They are provided “as is,” may be discontinued at any time, and are excluded from any SLAs.

19) Export & Sanctions

You will not use the Services in violation of U.S. export control or sanctions laws.

20) Government Use

If used by the U.S. Government, the Services are “commercial items” provided with only the rights set forth in these Terms.

21) Dispute Resolution; Governing Law

  • Governing Law: Utah law, without regard to conflicts of laws, governs these Terms and any disputes.

  • Venue: State or federal courts in Salt Lake County, Utah, unless arbitration applies.

  • Arbitration & Class Waiver (if you are not a government entity): Any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS under its Streamlined Rules. No class actions or consolidated proceedings. You may opt out of arbitration within 30 days of first acceptance by sending written notice to legal@DataMasterUSA.com.

22) Notices

Legal notices to DataMaster must be sent to:
Market Data Service, LLC
Attn: Legal Notices
765 Gordon Avenue, Layton, Utah 84040, USA
Email: legal@DataMasterUSA.com

23) General

These Terms (plus any order forms, privacy policy, and documents referenced here) are the entire agreement and supersede prior understandings. If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our prior written consent; we may assign in connection with a merger, acquisition, or sale of assets.

Messaging Program Summary (for website footer or opt-in pages)

Program name: DataMaster Alerts & Updates
Purpose: Account/service notices, training & webinar reminders, and (with consent) marketing/promotions.
Opt-in: Web form checkbox, text keyword, or written/recorded consent.
Opt-out: Reply STOP to end; HELP for help.
Frequency: Varies. Msg&Data rates may apply.
Carriers: Not liable for delayed/undelivered messages.
Contact: support@DataMasterUSA.com | 801-528-6694