Effective Date: 12/4/2025
‍Last Updated: 12/4/2025

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Gateway Data ("Company," "we," "us," or "our") governing your access to and use of our data platform and services (collectively, the "Services"). By creating an account, accessing the Services, or using any part of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

2. DESCRIPTION OF SERVICES

The Company provides a subscription-based software application that enables authorized business users to access, view, search, filter, and export contact records containing business-to-business (B2B) contact information, consumer data, and industry-specific data (collectively, the "Data"). The Services are designed to support legitimate business purposes including but not limited to identity resolution, customer data linking, market segmentation, customer persona development, audience building, marketing campaign personalization, CRM integration, and marketing automation.

3. ACCOUNT REGISTRATION AND ELIGIBILITY

3.1 Business Use Only: The Services are provided exclusively for business-to-business use. You represent and warrant that you are a business entity or an authorized representative of a business entity, and that you will use the Services solely for lawful business purposes.

3.2 Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.3 Account Security: You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Subscription Plans: The Services are offered on a subscription basis with monthly or annual billing cycles. Specific pricing, features, and data access limits for each subscription tier are described on our pricing page and are incorporated into these Terms by reference.

4.2 Payment: Payment is due in advance for each billing cycle. You authorize the Company to charge your designated payment method at the beginning of each billing cycle. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

4.3 Price Changes: The Company reserves the right to modify subscription fees with at least thirty (30) days' advance notice. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.

4.4 Taxes: All fees are exclusive of applicable federal, state, local, or foreign taxes, levies, or duties. You are responsible for payment of all such taxes, except for taxes based on the Company's net income.

4.5 Late Payment: If payment is not received when due, the Company may suspend access to the Services until payment is received. The Company reserves the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5. DATA LICENSE AND USAGE RIGHTS

5.1 Limited License: Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license during the subscription term to access and use the Data solely for the permitted use cases described in Section 5.2.

5.2 Permitted Uses: You may use the Data for the following lawful business purposes only:
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Identity resolution and verification
Linking and enriching your existing customer data
Market research and segmentation analysis
Developing customer personas and profiles
Building marketing audiences
Personalizing marketing campaigns and communications
Uploading to your customer relationship management (CRM) systems
Integrating with marketing automation platforms
Other legitimate business intelligence and marketing purposes consistent with applicable law

5.3 Prohibited Uses: You expressly agree NOT to:
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a) Resell or redistribute the Data to any third party in any form, whether for compensation or otherwise;
b) Use the Data for any illegal purpose or in violation of any applicable laws, regulations, or third-party rights, including but not limited to:
Violations of anti-spam laws (CAN-SPAM, CASL, GDPR, etc.)
Violations of telemarketing laws (TCPA, TSR, etc.)
Violations of data protection and privacy laws
Fraud, identity theft, or impersonation
Harassment, stalking, or threatening behavior
Discrimination based on protected characteristics
c) Scrape, harvest, or extract Data through automated means beyond the export functionality provided within the Services;
d) Reverse engineer, decompile, or disassemble any aspect of the Services or attempt to discover any source code or underlying algorithms;
e) Interfere with or disrupt the integrity or performance of the Services or attempt to gain unauthorized access to related systems or networks;
f) Remove, obscure, or alter any proprietary notices or labels on or within the Services or Data;
g) Use the Data to create a competing product or service or create a substitute database;
h) Share your account credentials with unauthorized users or permit access to the Services by anyone other than authorized users under your subscription;
i) Use the Data in any manner that violates the rights of individuals whose information is contained in the Data, including privacy rights and rights under applicable data protection laws.

5.4 Compliance with Laws: You are solely responsible for ensuring that your use of the Data complies with all applicable laws, regulations, and industry standards, including but not limited to:
The Telephone Consumer Protection Act (TCPA)
The CAN-SPAM Act
Canada's Anti-Spam Legislation (CASL)
General Data Protection Regulation (GDPR)
California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
Fair Credit Reporting Act (FCRA)
State data broker registration laws
All other applicable privacy and data protection laws

You acknowledge that the Company does not provide legal advice regarding compliance with these laws, and you should consult with your own legal counsel.

6. DATA ACCURACY AND WARRANTIES

6.1 Data "As Is": THE DATA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. While the Company makes commercially reasonable efforts to maintain accurate and current Data, we do not warrant that:
a) The Data will be error-free, complete, or current;
b) The Data will meet your specific requirements or expectations;
c) Any errors in the Data will be corrected;
d) The Services will be uninterrupted or available at all times.

6.2 Data Verification: You are solely responsible for verifying the accuracy and suitability of the Data for your intended purposes before using it. The Company strongly recommends that you independently verify any Data before using it for important business decisions or communications.

6.3 Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Company Ownership: The Services, including all software, technology, Data, designs, graphics, user interfaces, trademarks, logos, and other content provided by the Company, are owned by or licensed to the Company and are protected by intellectual property laws. These Terms do not grant you any ownership rights in the Services or Data.

7.2 Feedback: If you provide the Company with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to you.

8. PRIVACY AND DATA PROTECTION

8.1 Privacy Policy: Our collection and use of your personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection and use of your information as described in the Privacy Policy.

8.2 Your Customer Data: Any data you upload to the Services for the purpose of linking, enrichment, or analysis ("Your Customer Data") remains your property. The Company will use Your Customer Data solely to provide the Services to you and will not sell or license Your Customer Data to third parties. The Company's use of Your Customer Data is further described in our Privacy Policy.

8.3 Data Broker Compliance: The Company complies with applicable data broker registration requirements. You acknowledge that your use of the Services may subject you to data broker or other data protection regulations, and you are solely responsible for determining and complying with any such requirements applicable to your business.

9. LIMITATION OF LIABILITY

9.1 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3 Basis of the Bargain: You acknowledge that the limitations and exclusions of liability set forth in this Section reflect a reasonable allocation of risk between you and the Company and that these limitations are an essential basis of the Company's agreement to provide the Services at the pricing offered.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
a) Your use or misuse of the Services or Data;
b) Your violation of these Terms;
c) Your violation of any applicable law or regulation;
d) Your violation of any third-party rights, including privacy rights or intellectual property rights;
e) Your Customer Data or any content you submit through the Services;
f) Any dispute between you and any third party arising out of your use of the Services.

The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with the Company in asserting any available defenses.

11. TERM AND TERMINATION

11.1 Term: These Terms commence on the date you first access the Services and continue until terminated in accordance with this Section.

11.2 Termination by You: You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will be effective at the end of your current billing cycle. You will not receive a refund for any fees already paid for the current billing cycle.

11.3 Termination by Company: The Company may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:a) Your breach of these Terms;b) Your use of the Services in a manner that violates applicable law;c) Non-payment of fees;d) Fraudulent, abusive, or illegal activity;e) At the Company's sole discretion for any business reason.

11.4 Effect of Termination: Upon termination:
a) Your right to access and use the Services will immediately cease;
b) You must immediately cease all use of the Data and destroy or return any copies of Data in your possession;
c) Any fees owed for Services provided prior to termination remain due and payable;
d) Sections 5.3 (Prohibited Uses), 6 (Data Accuracy and Warranties), 7 (Intellectual Property Rights), 9 (Limitation of Liability), 10 (Indemnification), 11.4 (Effect of Termination), and 12 (General Provisions) will survive termination.

12. GENERAL PROVISIONS

12.1 Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

12.2 Modifications: The Company reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.

12.3 Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Arizona, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Scottsdale Arizona, and you hereby consent to personal jurisdiction and venue therein.

12.4 Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall first be subject to good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue available legal remedies.

12.5 Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.6 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

12.7 Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without the Company's prior written consent. The Company may assign these Terms or any rights or obligations hereunder without restriction. Any attempted assignment in violation of this Section shall be void.

12.8 No Third-Party Beneficiaries: These Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights.

12.9 Force Majeure: The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.10 Export Compliance: You agree to comply with all applicable export and import control laws and regulations in your use of the Services and Data. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

12.11 U.S. Government Rights: If you are a U.S. government entity, the Services and Data are "commercial items" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation." Use, duplication, and disclosure are subject to the restricted rights provisions at 48 C.F.R. 12.212 and 48 C.F.R. 227.7202.

13. CONTACT INFORMATION

If you have any questions about these Terms or the Services, please contact us at:

Gateway Data
15051 N. Kierland Blvd, STE 300
Scottsdale, AZ 85254
hello@gatewaydata.io

‍BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.