Terms of Service

1 Introduction

These Terms of Service ("Agreement") constitute a legally binding agreement between 1stContact.ai / ScaleData ("Provider," "we," "us") and the entity or individual purchasing data services ("Client," "you"). By purchasing a lead list or data package from ScaleData, you agree to be bound by these terms.

2 Nature of Services

ScaleData provides B2B contact information ("Data") sourced from public records, third-party data aggregators, and proprietary research methods. We act as a data compiler and researcher.

• No Affiliation: We are not affiliated with the companies or individuals contained within the Data.
• Snapshot in Time: Data is verified at the time of delivery. We cannot guarantee that a contact will remain at a specific company or role indefinitely after delivery.

3 Data Usage & Compliance (CRITICAL)

• Lawful Use: You agree to use the Data solely for lawful B2B marketing and sales purposes.
• Compliance Responsibility: You acknowledge that you are the "Sender" of any communications. You assume full responsibility for compliance with all applicable laws regarding unsolicited communication, including but not limited to:
  • The CAN-SPAM Act (USA)
  • The GDPR (General Data Protection Regulation - EU)
  • The TCPA (Telephone Consumer Protection Act)
  • CASL (Canada Anti-Spam Legislation)
• No Consent Implied: The Data provided consists of cold contacts. We do not sell "opt-in" data. You acknowledge that these contacts have not explicitly requested to hear from you. You must ensure your outreach provides a lawful basis for processing and includes clear opt-out mechanisms.

4 Accuracy Guarantee & Replacement Policy

We pride ourselves on data quality, but data decay is natural. We offer the following guarantee:

• The 5% Bounce Threshold: We guarantee a maximum "Hard Bounce" rate of 5% on email addresses provided.
• Replacement Credit: If your campaign experiences a Hard Bounce rate exceeding 5% within 14 days of delivery, you must provide us with the bounce report from your sending platform. We will verify the bounces and provide replacement leads or a store credit equal to the value of the invalid leads.
• Exclusions: "Soft Bounces" (full mailboxes, server timeouts) and "Catch-All" server responses are not classified as invalid data and are not covered by this guarantee.

5 Restrictions

• No Resale: You are granted a non-exclusive, perpetual license to use the Data for your own internal business purposes. You may not resell, publish, distribute, or publicly display the Data to third parties.
• Competitive Use: You may not use the Data to build a competing product or service.

6 Limitation of Liability

• Indemnification: You agree to indemnify, defend, and hold harmless 1stContact.ai/ScaleData from any claims, damages, fines, or legal fees arising from your use of the Data.
• Cap on Damages: In no event shall the Provider's liability exceed the total amount paid by the Client for the specific data package in question.

7 Payment & Delivery

• Payment: All fees are due upfront. We do not offer "payment on delivery" terms.
• Delivery Timeline: Standard lists are typically delivered within 24-48 business hours. Custom lists may require 3-5 business days.
• Refund Policy: Due to the digital nature of data, all sales are final. Our liability is limited to the Replacement Policy outlined in Section 4.