1. Acceptance of these Terms
These Terms of Service (the “Terms”) form a binding legal agreement between you, the individual or entity accessing the platform, and any organization on whose behalf you act (collectively, “Customer,” “you,” or “your”), and Self Serve Leads, its parents, subsidiaries, affiliates, successors, and assigns (collectively, “Company,” “we,” “us,” or “our”). By creating an account, clicking “I agree,” submitting payment, downloading any file, or otherwise accessing or using the platform, services, APIs, data files, or any output thereof (collectively, the “Services”), you represent that (a) you have read these Terms, (b) you understand them, (c) you accept them on behalf of yourself and your organization, and (d) you have full legal authority to do so. If you do not agree, you must not access or use the Services.
2. Permitted Use — Strictly Limited
Customer acknowledges that the Licensed Data is not licensed, sold, or made available for, and Customer shall not use the Licensed Data for, any of the following:
- Outbound telemarketing, robocalls, ringless voicemail, or any live or recorded telephone solicitation;
- SMS, MMS, RCS, or any other text messaging (including informational, transactional, or marketing messages);
- Facsimile (fax) transmissions of any kind;
- Email marketing, cold email outreach, drip campaigns, or any unsolicited commercial email;
- Direct mail without independent, lawfully obtained consent or a separate lawful basis owned by Customer;
- Skip tracing, debt collection, credit eligibility, insurance eligibility, employment screening, tenant screening, or any “consumer report” purpose regulated by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or analogous state laws;
- Resale, sublicensing, brokering, syndication, or re-distribution of the Licensed Data, in whole or in part, to any third party;
- Training, fine-tuning, evaluating, or otherwise enriching any artificial intelligence or machine-learning model, foundation model, embedding, or dataset;
- Any use that violates any applicable federal, state, provincial, local, or foreign law, regulation, rule, order, ordinance, or industry self-regulatory program.
3. Customer Compliance Obligations
Customer is the sole controller of, and is solely responsible for, all uses of the Licensed Data after delivery. Without limiting the foregoing, Customer shall at all times comply with, and is solely responsible for its compliance with, all applicable laws and platform rules, including but not limited to:
- The Telephone Consumer Protection Act, 47 U.S.C. § 227, and FCC implementing rules (including 47 C.F.R. § 64.1200);
- The Telemarketing Sales Rule, 16 C.F.R. Part 310, and all state telemarketing, do-not-call, and caller-ID statutes;
- The CAN-SPAM Act, 15 U.S.C. § 7701 et seq.;
- State consumer privacy laws, including without limitation the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), the Utah Consumer Privacy Act (UCPA), and any analogous state laws as enacted;
- The EU and UK General Data Protection Regulation (GDPR / UK GDPR), Canada’s PIPEDA and CASL, and any other applicable non-U.S. data protection or anti-spam law to the extent Customer targets data subjects in those jurisdictions;
- The applicable advertising platform’s terms, including each platform’s Custom Audience Terms, Community Standards, Advertising Policies, and data-matching requirements;
- All applicable state UDAP, “mini-FTC,” and unfair-and-deceptive-practices statutes.
Customer shall maintain its own records, consents, suppression lists, and evidence of compliance and shall, upon Company’s reasonable written request, certify in writing its compliance with this Section 3.
4. License Grant and Restrictions
Subject to Customer’s continuous compliance with these Terms and timely payment of all fees, Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Licensed Data solely for the Permitted Use, for the duration of the applicable order or subscription, and solely by Customer’s authorized employees within Customer’s own organization.
Customer shall not, and shall not permit any third party to:
- Reverse engineer, decompile, disassemble, scrape, or attempt to derive the source, schema, structure, or underlying compilation of the Licensed Data or Services;
- Combine, merge, append, or commingle the Licensed Data with any other dataset in a manner that re-identifies, de-anonymizes, or augments any individual record beyond what is necessary for the Permitted Use;
- Use any robot, spider, scraper, or other automated means to access the Services other than via documented APIs;
- Circumvent or attempt to circumvent any usage limit, security feature, watermark, tracer record, seed record, or rate limit;
- Remove, alter, or obscure any proprietary notice, hash salt, tracer, or marker.
Customer acknowledges that the Licensed Data may contain proprietary seed, tracer, or canary records used to detect unauthorized use, and Customer’s triggering of any such record shall constitute prima facie evidence of breach.
5. Accounts, Eligibility, and Security
Customer must be at least eighteen (18) years of age and a legal entity or natural person with capacity to contract. Customer is responsible for all activity that occurs under its account, including activity by its employees, contractors, and agents, and shall maintain the confidentiality of all credentials. Customer shall notify Company immediately of any suspected unauthorized access.
6. Fees, Taxes, and Refunds
Customer shall pay all fees in U.S. dollars in accordance with the pricing in effect at the time of order. All fees are non-refundable once the applicable Licensed Data has been delivered, generated, made available for download, or otherwise transmitted, except as expressly required by applicable non-waivable law. Customer is responsible for all taxes, duties, and government assessments, excluding taxes on Company’s net income. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
7. Indemnification by Customer
Customer shall defend, indemnify, and hold harmless Company and its officers, directors, employees, contractors, affiliates, licensors, data suppliers, successors, and assigns (the “Indemnitees”) from and against any and all third-party claims, actions, suits, proceedings, demands, investigations, governmental or regulatory inquiries, losses, damages, liabilities, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs of investigation), arising out of or relating to: (a) Customer’s use of the Services or Licensed Data; (b) any actual or alleged breach of these Terms by Customer; (c) any actual or alleged violation of any law, regulation, or third-party right (including TCPA, CAN-SPAM, TSR, FCRA, GDPR, CCPA, or any platform terms) arising from Customer’s use of the Licensed Data; (d) any communication, advertisement, message, call, text, email, or other contact initiated by or on behalf of Customer; and (e) any unauthorized access caused by Customer’s acts or omissions. Company may, at its option, assume the exclusive defense and control of any matter subject to indemnification, in which case Customer shall cooperate fully.
8. Disclaimer of Warranties
THE SERVICES AND THE LICENSED DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, CURRENTNESS, DELIVERABILITY, OR MATCH RATE. COMPANY DOES NOT WARRANT THAT THE LICENSED DATA IS ACCURATE, COMPLETE, CURRENT, OR FREE OF ERRORS, OR THAT ANY PARTICULAR RECORD IS LAWFUL TO CONTACT BY ANY MEANS. COMPANY DOES NOT WARRANT ANY MINIMUM MATCH RATE ON ANY ADVERTISING PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Customer expressly acknowledges that the Licensed Data is NOT a “consumer report” within the meaning of the Fair Credit Reporting Act and may NOT be used for any FCRA-regulated purpose, including credit, insurance, employment, or tenant screening.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS INDEMNITEES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOST GOODWILL, COST OF SUBSTITUTE PROCUREMENT, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL EVENTS, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF (a) THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE SPECIFIC LICENSED DATA GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT AND (b) ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Suspension and Termination
Company may suspend or terminate Customer’s access to the Services, in whole or in part, immediately and without notice, if Company reasonably suspects any violation of these Terms, any applicable law, or any platform policy, or if required to do so by any regulator, law enforcement, or data supplier. Upon termination, Customer’s license to use the Licensed Data terminates and Customer shall promptly destroy all copies in its possession or control and certify such destruction in writing upon request. Sections 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, and 14 survive termination.
11. Governing Law; Venue; Jury Waiver
These Terms are governed by the laws of the State of Florida, U.S.A., without regard to conflict-of-laws principles. Subject to Section 12, the state and federal courts located in Broward County, Florida shall have exclusive jurisdiction over any dispute not subject to arbitration, and the parties consent to personal jurisdiction and venue in such courts and waive any objection of forum non conveniens. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
12. Binding Arbitration; Class-Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) shall be finally resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Broward County, Florida, before a single arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction. CUSTOMER AGREES THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in court to protect its intellectual property or confidential information.
13. Force Majeure
Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, governmental action, internet or telecommunications outages, denial-of-service attacks, or third-party platform outages or policy changes.
14. Miscellaneous
These Terms, together with any order form or invoice, constitute the entire agreement between the parties and supersede all prior agreements on the subject matter. No waiver is effective unless in writing and signed by Company. Customer may not assign these Terms without Company’s prior written consent; Company may assign freely. If any provision is held unenforceable, it shall be modified to the minimum extent necessary, and the remainder shall remain in full force. Headings are for convenience only. Company may update these Terms from time to time by posting a revised version; continued use after posting constitutes acceptance.
15. Contact
Notices and legal inquiries: legal@selfserveleads.com.