Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such cases, "you" refers to both you individually and the entity you represent.

2. Description of Service

Exact Match provides a consumer data platform that enables businesses to access, query, and utilize consumer profile data for marketing and analytics purposes. Our Service includes access to over 250 million U.S. consumer profiles across 47,000+ data clusters, identity resolution capabilities, audience building tools, and data enrichment services. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

To access certain features of the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and update your account information to keep it accurate and current
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorized access or use of your account

4. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You shall not:

• Use the Service to engage in any activity that violates federal, state, or local laws, including but not limited to the TCPA, CAN-SPAM Act, FCRA, or any applicable data protection laws
• Use consumer data obtained through the Service for credit decisions, insurance underwriting, employment screening, or any FCRA-regulated purpose
• Resell, sublicense, or redistribute data obtained from the Service without prior written authorization
• Attempt to reverse-engineer, decompile, or extract the underlying data models or algorithms of the Service
• Use automated means (bots, scrapers, or crawlers) to access the Service beyond the scope of authorized API usage
• Harass, abuse, or harm individuals using data obtained from the Service
• Introduce viruses, malware, or other harmful code into the Service

5. Credits and Billing

Our Service operates on a credit-based system. The following terms apply:

• Credit Purchases: Credits may be purchased through our platform at the prices listed at the time of purchase. 1 credit = 1 consumer contact record.
• No Contracts: Credit purchases are non-subscription and do not require long-term commitments unless otherwise agreed in writing.
• Credit Validity: Purchased credits remain valid for twelve (12) months from the date of purchase unless otherwise specified in your plan.
• Refunds: Credit purchases are non-refundable once used. Unused credits may be eligible for refund within 30 days of purchase, at our discretion.
• Volume Pricing: Custom pricing may be available for high-volume purchases. Contact our sales team for details.
• Payment Processing: All payments are processed through secure third-party payment providers. We do not store your full payment card details on our servers.

6. Data Usage and Compliance

You acknowledge and agree that all consumer data accessed through the Service is subject to the following conditions:

• Data may only be used for the specific marketing, analytics, or business purposes for which it was obtained
• You are solely responsible for ensuring your use of the data complies with all applicable laws, including CCPA, TCPA, CAN-SPAM, and any other relevant privacy regulations
• You must honor all consumer opt-out requests and maintain appropriate suppression lists
• Data obtained through the Service must not be used for any purpose regulated by the FCRA
• You must implement reasonable security measures to protect consumer data from unauthorized access, disclosure, or misuse

7. Intellectual Property

The Service and its original content, features, and functionality (excluding consumer data delivered to you) are and will remain the exclusive property of Exact Match and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks, logos, and trade names may not be used without our prior written consent. You are granted a limited, non-exclusive, non-transferable license to use the data obtained through the Service solely for the purposes permitted under these Terms.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXACT MATCH MARKETING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Exact Match, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including privacy rights; (d) your violation of any applicable law or regulation; or (e) any claim that your use of the data obtained through the Service caused damage to a third party.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. Any unused credits at the time of termination for cause will be forfeited. If you wish to terminate your account, contact us at contact@exactmatch.io.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and notify you via email or through a prominent notice on our platform. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

13. Contact

If you have any questions about these Terms of Service, please contact us: