Terms of Service

1.1 Overview

Welcome to SomeData.ai ("SomeData", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website (the "Website") and all related services, applications, data enrichment tools, and API integrations (collectively, the "Services"). By accessing or using our Services, you ("User", "Customer", or "you") agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced herein. If you do not agree with these Terms, please do not use the Services.

1.2 Modifications

SomeData reserves the right to modify, update, or change these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

1.3 MVP/Beta Notice

SomeData is currently in its MVP/Beta phase. As such, the Services are provided "as-is" and "as available," and performance, availability, and data accuracy may vary. SomeData makes no warranties regarding the Services and shall not be liable for any interruptions, errors, or discrepancies in data processing.

3.1 License Grant

Subject to your compliance with these Terms, SomeData hereby grants you a non-exclusive, non-transferable, limited license to access and use the Services solely for your internal business purposes. This license is subject to any usage limitations set forth in your account or Order Form.

3.2 User Registration and Account Security

To use the Services, you must register for an Account and provide accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to immediately notify SomeData of any unauthorized use or security breach related to your Account.

3.3 Permitted Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use.
• Attempt to circumvent or disable any security features or access restrictions.
• Use automated scripts or tools to access or interact with the Services, except as explicitly permitted.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Services.

4.1 Service Overview

SomeData provides a lead generation and data enrichment platform delivered via an API-first approach. Our Services include the aggregation, verification, and enrichment of leads and associated data, which are made available through a web-based interface and API endpoints.

4.2 Beta/MVP Disclaimer

Given that SomeData is in its MVP/Beta phase, the Services may be subject to limitations, intermittent downtime, or changes in features without prior notice. We do not warrant uninterrupted access or error-free performance and shall not be liable for any direct, indirect, or consequential losses resulting from any such issues.

4.3 Service Levels

While SomeData aims to provide high-quality data and seamless integration, no service level guarantees are provided during the MVP/Beta phase. We reserve the right to adjust performance standards and may offer service credits or refunds only as explicitly stated in any future service level agreements.

5.1 Fees

Access to the Services may require payment of subscription fees or usage-based charges as detailed in your Order Form or on our Website. All fees are non-refundable unless otherwise specified.

5.2 Payment Terms

Fees are due in accordance with the billing cycle specified in your subscription plan. If applicable, payment will be processed via third-party payment processors (e.g., Stripe, PayPal). You agree to provide accurate payment information and to promptly update it if necessary.

5.3 Refunds and Cancellations

Subscription fees are generally non-refundable. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing period. In the event of a material failure by SomeData to deliver the Services as described, any refund or credit shall be at the sole discretion of SomeData.

6.1 Customer Data

You retain all rights to your Customer Data. By using the Services, you grant SomeData a limited, non-exclusive license to use, process, and store your Customer Data solely to provide the Services. SomeData does not claim any ownership over your data.

6.2 Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Services, you consent to such data processing in accordance with our Privacy Policy.

6.3 Intellectual Property

All intellectual property rights in and to the Services, including the software, Documentation, and any updates or enhancements, are owned by SomeData or its licensors. You are granted a limited license to use the Services, but no rights or ownership in the underlying technology are transferred to you.

6.4 Feedback

Any suggestions, ideas, or feedback you provide regarding the Services will be deemed non-confidential and may be used by SomeData without any obligation to you.

7.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR SECURE ACCESS. SOMEDATA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

7.2 No Warranty for Beta/MVP

Due to the MVP/Beta status of SomeData, we make no warranty that the Services will meet your requirements or that any errors or defects will be corrected. Your use of the Services is at your sole risk.

8.1 Exclusion of Damages

IN NO EVENT SHALL SOMEDATA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF SOMEDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Cap on Liability

SOMEDATA'S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SOMEDATA DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless SomeData and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services,
• Any breach of these Terms,
• Your violation of any applicable laws or third-party rights,
• Any Customer Data or content you upload, transmit, or otherwise make available through the Services.

10.1 Term

These Terms will remain in effect until terminated by either party. Your rights to access and use the Services under these Terms will continue until terminated.

10.2 Termination by You

You may terminate your Account and stop using the Services at any time by following the procedures provided on the Website. Termination of your Account does not relieve you of any payment obligations incurred prior to termination.

10.3 Termination by SomeData

SomeData may suspend or terminate your Account immediately, without notice, if you breach any of these Terms or if we determine, in our sole discretion, that your use of the Services poses a risk to the integrity, security, or operation of the Services.

10.4 Effects of Termination

Upon termination, you will no longer have access to your Account and Customer Data. SomeData will provide you with a period of [30] days to export your data; after this period, all Customer Data will be permanently deleted, except as required by applicable law.

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services ("Dispute") shall be resolved through final and binding arbitration in accordance with the rules of [Insert Arbitration Institution]. The arbitration shall be conducted in Vancouver, British Columbia, Canada. Judgment on the arbitration award may be entered in any court of competent jurisdiction in British Columbia.

11.3 Class Action Waiver

Each party agrees that any Dispute will be resolved only on an individual basis and that no Dispute may be brought as a class action or in a class-wide arbitration.

12.1 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of SomeData. SomeData may assign these Terms without restriction.

12.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Force Majeure

SomeData shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, labor disputes, or government actions.

12.4 Entire Agreement

These Terms, together with our Privacy Policy and any other documents incorporated herein by reference, constitute the entire agreement between you and SomeData regarding the use of the Services and supersede all prior agreements and understandings.

12.5 Notices

Any notices required or permitted under these Terms shall be in writing and delivered via email to the addresses provided during registration or as otherwise updated on our Website.