Last Updated: August 8, 2026
These Terms of Service ("Terms") form a binding legal agreement between you ("User," "you," or "your") and DAT Drives ("DAT Drives," "Company," "we," "us," or "our") governing your access to and use of the DAT Drives website, platform, and related services (collectively, the "Service").
BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 19, WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
1. Acceptance of Terms
These Terms apply to all visitors, registered users, and others who access or use the Service. Continued use of the Service after any updates to these Terms constitutes acceptance of the updated Terms, as described in Section 22.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. By creating an account, you represent and warrant that you meet these requirements and that all registration information you provide is accurate, current, and complete.
3. Description of Service
DAT Drives is a cloud storage and client delivery platform that allows photographers, videographers, and similar creative professionals to upload photo and video files, share them with their own clients through gallery links, collect payment via Stripe, and automatically release full-resolution files upon payment. DAT Drives is a software tool only. DAT Drives is not a party to, and assumes no responsibility for, the underlying creative services, contracts, or transactions between you and your clients.
4. Account Registration and Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify DAT Drives immediately of any unauthorized use of your account. DAT Drives is not liable for any loss or damage arising from your failure to safeguard your credentials.
5. Acceptable Use Policy
You agree not to, and not to permit any third party to:
- Upload, store, or transmit content that infringes, misappropriates, or violates any third party's intellectual property, privacy, publicity, or other legal rights;
- Upload content that is illegal, obscene, defamatory, discriminatory, or otherwise harmful;
- Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
- Attempt to gain unauthorized access to the Service, other users' accounts, or DAT Drives' infrastructure, or interfere with the integrity or performance of the Service;
- Introduce any virus, malware, or other harmful code into the Service;
- Use automated means (bots, scrapers, crawlers) to access, extract data from, or interact with the Service without our prior written consent;
- Reverse engineer, decompile, or disassemble any portion of the Service, except to the extent such restriction is prohibited by applicable law;
- Resell, sublicense, rent, lease, or otherwise commercially exploit access to the Service without our express written consent;
- Use the Service to transmit unsolicited bulk communications ("spam"); or
- Circumvent, disable, or otherwise interfere with the payment or paywall mechanisms of the Service.
We reserve the right, but not the obligation, to investigate and take appropriate action against any User who violates this Section, including immediate suspension or termination of the account, without prior notice, at our sole discretion.
6. User Content; License Grant; Representations and Warranties
Ownership. As between you and DAT Drives, you retain all ownership rights in the photos, videos, and other files you upload to the Service ("User Content"). DAT Drives does not claim ownership of your User Content.
License to DAT Drives. By uploading User Content, you grant DAT Drives a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, process, and transmit your User Content solely as necessary to provide the Service to you and your clients. DAT Drives does not use User Content to train machine learning models or for any purpose beyond providing the Service.
Your Representations and Warranties. You represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to upload, store, and distribute the User Content through the Service; (b) your User Content and your use of the Service do not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, or other rights; and (c) your use of the Service complies with all applicable laws.
7. Relationship with Your Clients; Third-Party End Users
DAT Drives facilitates delivery of files and collection of payment between you and your own clients, but DAT Drives is not a party to any agreement, transaction, or dispute between you and your clients. You are solely responsible for: (a) the accuracy of invoice amounts and descriptions; (b) the quality, timeliness, and content of the creative work you deliver; (c) compliance with any contract you have with your client; and (d) resolving any dispute, chargeback, refund request, or disagreement with your client. DAT Drives has no obligation to mediate, investigate, or resolve disputes between you and your clients and disclaims all liability arising from such disputes.
8. Subscription Plans, Billing, and Payment
DAT Drives offers a Free Trial and paid subscription plans (currently Standard and Custom), as described on our Pricing page. Paid plans are billed monthly or annually in advance and automatically renew at the end of each billing period unless cancelled in accordance with Section 14. All subscription payments are processed through Stripe.
You authorize DAT Drives to charge your designated payment method on a recurring basis until you cancel. You are responsible for all applicable taxes on your subscription. We may change our prices at any time, with reasonable prior notice before the change applies to you.
Refunds. Except as required by applicable law, DAT Drives does not provide refunds or credits for partial subscription periods, including upon cancellation, downgrade, or non-use of the Service.
Failed Payments. If a payment fails, we may retry the charge and will notify you. We reserve the right to downgrade or suspend your account if payment cannot be collected within a reasonable time.
9. Client Payment Processing; No Money Transmission
All payments collected from your clients are processed directly through Stripe's payment infrastructure, pursuant to Stripe's own terms of service. DAT Drives does not receive, hold, control, escrow, or take possession of client funds at any point, and does not act as a money transmitter, payment aggregator, or escrow agent. You are solely responsible for setting accurate invoice and balance amounts, complying with all tax obligations arising from client payments, and maintaining any merchant or payment-processing account required to receive funds. DAT Drives is not responsible for delays, errors, chargebacks, or disputes arising from Stripe's processing of client payments.
10. Storage, Data Retention, and Backups
Your account includes the storage capacity specified in your current plan. You are responsible for monitoring your usage. DAT Drives does not guarantee preservation of files uploaded in excess of your plan's storage limit and may restrict uploads or take other reasonable action if you exceed your allotted storage.
You are solely responsible for maintaining independent backup copies of all User Content. While DAT Drives implements reasonable technical safeguards (see Section 11), no storage system is immune to loss, corruption, or interruption, and DAT Drives disclaims all liability for lost, corrupted, or unavailable User Content to the fullest extent permitted by law, consistent with the limitations in Sections 15 and 16.
Upon account termination (by you or by us), User Content is retained for thirty (30) days to allow for export, after which it is permanently deleted and cannot be recovered.
11. Third-Party Services and Subprocessors
The Service relies on third-party infrastructure and service providers, including Stripe (payment processing) and OVHcloud (cloud storage infrastructure). We implement reasonable technical and organizational measures, including encryption in transit and at rest, to protect data processed through these providers. However, DAT Drives does not control, and is not liable for, the acts, omissions, outages, security incidents, or policies of any third-party service provider, except to the extent caused by our own gross negligence or willful misconduct.
12. Intellectual Property Rights of DAT Drives
The Service, including its software, design, text, graphics, logos, and trademarks (excluding User Content), is the property of DAT Drives or its licensors and is protected by intellectual property laws. Except for the limited right to access and use the Service as permitted under these Terms, no right, title, or interest in the Service is transferred to you. All rights not expressly granted are reserved.
13. Copyright Complaints; DMCA Notice-and-Takedown Policy
DAT Drives respects intellectual property rights and responds to properly submitted notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe content stored on the Service infringes your copyright, submit a written notice to our designated agent including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act; and (f) your physical or electronic signature.
Designated DMCA Agent: [NAME TO BE DESIGNATED] — [email/address to be added]. Note: DAT Drives must register this agent with the U.S. Copyright Office for full safe-harbor protection under 17 U.S.C. § 512 — confirm this has been completed.
DAT Drives will remove or disable access to allegedly infringing material and may terminate accounts of repeat infringers at its discretion.
14. Suspension and Termination
You may cancel your account at any time through your account settings. Your account will remain active through the end of your current billing period.
We may suspend or terminate your account, with or without notice, if: (a) you breach these Terms; (b) we are required to do so by law; (c) continued provision of the Service would expose DAT Drives to liability; or (d) at our sole discretion for accounts that have been inactive or that we reasonably believe pose a risk to the Service, other users, or DAT Drives. Sections 6 (as to license already granted), 7, 9, 15–19, and 23 survive termination.
15. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DAT DRIVES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAT DRIVES DOES NOT WARRANT OR GUARANTEE THAT ANY CLIENT WILL COMPLETE PAYMENT OR THAT YOU WILL RECEIVE ANY PARTICULAR BUSINESS OUTCOME FROM USE OF THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAT DRIVES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DAT DRIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DAT DRIVES' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO DAT DRIVES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply regardless of the legal theory on which a claim is based (contract, tort, negligence, strict liability, or otherwise) and even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless DAT Drives and its officers, directors, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content, including any claim that it infringes a third party's rights; (c) your violation of these Terms or any applicable law; or (d) any dispute, claim, or transaction between you and your clients. DAT Drives reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
18. Assumption of Risk; No Guarantee of Outcomes
You acknowledge that use of the Service, including reliance on third-party payment processing and internet-based file delivery, carries inherent risk, including the risk of client non-payment, service interruption, or data loss. You assume full responsibility for such risks to the extent not caused by DAT Drives' gross negligence or willful misconduct.
19. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
19.1 Agreement to Arbitrate. You and DAT Drives agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except as set out below.
19.2 Class Action and Jury Trial Waiver. YOU AND DAT DRIVES EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Disputes must be brought in an individual capacity only.
19.3 Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality obligations.
19.4 Arbitration Costs. For claims of $10,000 or less, DAT Drives will pay all AAA filing, administration, and arbitrator fees, unless the arbitrator determines the claim is frivolous. Arbitration will take place in Broward County, Florida, or another mutually agreed location, or may be conducted remotely or on written submissions where permitted by AAA rules.
19.5 Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to DAT Drives at the address in Section 24 within thirty (30) days of first agreeing to these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, Disputes will be resolved exclusively in the state or federal courts located in Broward County, Florida, and you and DAT Drives each waive any right to a jury trial.
19.6 Governing Law. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of this Section 19.
20. Force Majeure
DAT Drives will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, or failures of third-party service providers such as Stripe or OVHcloud.
21. Electronic Communications
You consent to receive communications from DAT Drives electronically, including via email and notices posted on the Service. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
22. Modifications to the Service and These Terms
We may modify or discontinue any part of the Service at any time. We may update these Terms from time to time; material changes will be notified by email or by a notice on the Service, with an updated "Last Updated" date. Your continued use of the Service after the effective date of any update constitutes your acceptance of the revised Terms.
23. General Provisions
23.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and DAT Drives regarding the Service and supersede any prior agreements.
23.2 Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remaining provisions will remain in full force and effect.
23.3 No Waiver. DAT Drives' failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
23.4 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. DAT Drives may freely assign these Terms in connection with a merger, acquisition, or sale of assets.
23.5 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and DAT Drives.
23.6 Notices. Notices to DAT Drives must be sent to the contact information in Section 24. Notices to you may be sent to the email address associated with your account.
23.7 Headings. Section headings are for convenience only and do not affect interpretation of these Terms.
24. Contact Information
Questions about these Terms may be directed to:
DAT Drives 312 NE 16th Terr Fort Lauderdale, FL 33301 Phone: (877) 557-3223 Email: via the Contact page