Terms of Service

By accessing or using any services provided by DataMoon (“DataMoon,” “we,” “us,” or “our”), including our website, APIs, data products, platform tools, and any related services (collectively, the “Services”), you (“Customer,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use the Services.

“Data Products” means consumer records, business contact data, intent signals, audience segments, and any other data made available through the Services. “Platform” refers to DataMoon’s web application, APIs, dashboards, and tools used to access, query, build audiences, and export Data Products. “Authorized Users” means individuals authorized by Customer to access the Services under Customer’s account. “Order Form” means any written or electronic agreement, quote, or subscription confirmation specifying the Services, pricing, and usage limits applicable to Customer. “Intellectual Property” means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

To use certain features of the Services, you must create an account. You agree to: • Provide accurate, current, and complete information during registration. • Maintain the security and confidentiality of your login credentials. • Promptly notify DataMoon of any unauthorized use of your account. • Accept responsibility for all activities that occur under your account. DataMoon reserves the right to suspend or terminate accounts that violate these Terms, contain inaccurate information, or pose security risks.

DataMoon provides a data intelligence platform that enables businesses to: • Access and query consumer and business data profiles. • Build targeted audience segments for marketing and sales campaigns. • Identify website visitors and match them to known profiles. • Receive real-time buyer intent signals. • Enrich existing CRM and marketing data. • Export data and integrate with third-party platforms via API. The specific features, data volumes, and capabilities available to you depend on your subscription plan and any applicable Order Form.

You agree to use Data Products obtained through the Services solely for lawful business purposes, including but not limited to marketing, sales outreach, analytics, and audience targeting. You shall NOT: • Use Data Products for any purpose that violates applicable federal, state, or local laws, including but not limited to the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state privacy laws. • Use Data Products for credit, insurance, employment, housing, or tenant screening decisions. • Resell, sublicense, or redistribute Data Products to third parties without prior written consent from DataMoon. • Use Data Products to stalk, harass, discriminate against, or harm any individual. • Attempt to re-identify anonymized or aggregated data to identify specific individuals beyond the intended scope. • Use automated means to scrape, crawl, or extract data from the Platform beyond authorized API usage. DataMoon’s Data Products are NOT consumer reports under the FCRA and may not be used as such.

You are solely responsible for ensuring that your use of the Services and Data Products complies with all applicable laws and regulations, including but not limited to: • CAN-SPAM Act — You must comply with all requirements for commercial email, including honoring opt-out requests within 10 business days. • TCPA — You must obtain proper consent before making telemarketing calls or sending text messages using Data Products. • CCPA/CPRA — If applicable, you must provide required notices, honor consumer opt-out requests, and maintain appropriate data processing agreements. • State Privacy Laws — You must comply with all applicable state privacy laws including those in Virginia, Colorado, Connecticut, Utah, and other jurisdictions. • Do Not Call (DNC) — You must scrub Data Products against federal and state Do Not Call registries before initiating telemarketing. Failure to comply with applicable laws may result in immediate suspension or termination of your account and access to the Services.

Subscription Plans. The Services are offered under various subscription plans as described on our Pricing page or in an applicable Order Form. Plan details, including data volume limits, feature access, and pricing, are specified at the time of purchase. Payment Terms. All fees are due in accordance with the billing cycle specified in your subscription or Order Form. No Refund Policy. All fees and payments made to DataMoon are final and non-refundable. This includes, without limitation, subscription fees (monthly or annual), setup fees, data package fees, direct mail fees, professional services fees, and any other charges. We do not offer refunds, credits, or pro-rated refunds for any reason, including but not limited to: (a) unused portions of a subscription term, (b) cancellation or termination of an account before the end of a billing cycle, (c) downgrade of a subscription plan, (d) dissatisfaction with the Services, (e) failure to use the Services, or (f) account suspension or termination for breach of these Terms. DataMoon does not offer free trials, money-back guarantees, or evaluation periods. By purchasing a subscription or any Service, you expressly acknowledge and agree to this No Refund Policy. Exceptions may be made only where required by applicable law. Late Payments. Overdue balances may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. DataMoon may suspend Services for accounts with overdue balances exceeding 15 days. Taxes. All fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, or other taxes arising from your use of the Services. Price Changes. DataMoon may modify pricing with at least 30 days’ prior written notice. Price changes take effect at the start of the next billing cycle.

DataMoon IP. The Services, Platform, underlying technology, algorithms, models, documentation, and all related Intellectual Property are and remain the exclusive property of DataMoon. Nothing in these Terms grants you ownership rights in the Services. License Grant. Subject to your compliance with these Terms, DataMoon grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your subscription term solely for your internal business purposes. Customer Data. You retain all rights to data you upload to the Platform (“Customer Data”). You grant DataMoon a limited license to process Customer Data solely to provide the Services. Feedback. If you provide suggestions, ideas, or feedback about the Services, DataMoon may use such feedback without obligation or compensation to you.

Each party agrees to hold the other party’s Confidential Information in strict confidence and not to disclose it to third parties except as necessary to perform obligations under these Terms. “Confidential Information” includes pricing, technical specifications, business strategies, customer lists, and any information marked as confidential. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or regulation.

Limited Warranty. DataMoon warrants that the Services will perform materially in accordance with the applicable documentation during your subscription term. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES AND DATA PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DATAMOON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. DataMoon does not warrant that: (a) the Services will be uninterrupted or error-free; (b) Data Products will be 100% accurate, complete, or current; or (c) the Services will meet all of your requirements.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: Exclusion of Damages. IN NO EVENT SHALL DATAMOON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. Liability Cap. DATAMOON’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO DATAMOON DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if DataMoon has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless DataMoon, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: • Your use of the Services or Data Products. • Your violation of these Terms. • Your violation of any applicable law or regulation. • Your infringement of any third-party rights. • Any data you upload or transmit through the Services.

Term. These Terms are effective upon your first use of the Services and continue until terminated. Termination for Convenience. Either party may terminate these Terms by providing 30 days’ written notice to the other party. Termination does not entitle you to a refund of prepaid fees unless otherwise specified in an Order Form. Termination for Cause. DataMoon may terminate or suspend your access immediately if you: (a) breach these Terms; (b) fail to pay fees when due; (c) use the Services in violation of applicable law; or (d) engage in activity that threatens the security or integrity of the Services. Effect of Termination. Upon termination: (a) your right to access the Services immediately ceases; (b) you must destroy all copies of Data Products in your possession; (c) DataMoon may delete your account and Customer Data after a 30-day grace period; (d) all accrued payment obligations survive termination.

DataMoon implements commercially reasonable administrative, technical, and physical safeguards to protect the Services and Data Products from unauthorized access, use, or disclosure. These measures include but are not limited to: • Encryption of data in transit (TLS 1.2+) and at rest (AES-256). • Role-based access controls and authentication mechanisms. • Regular security assessments and vulnerability scanning. • Incident response procedures and breach notification protocols. While DataMoon takes security seriously, no method of transmission or storage is 100% secure. You acknowledge and accept the inherent risks of electronic data transmission.

DataMoon 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. For material changes affecting your subscription, we will provide at least 30 days’ advance notice via email or in-platform notification. Your continued use of the Services after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Arbitration. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The arbitrator’s decision shall be final and binding. Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Exceptions. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its Intellectual Property rights.

Entire Agreement. These Terms, together with any applicable Order Form and Privacy Policy, constitute the entire agreement between the parties regarding the Services. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. Waiver. No failure or delay by either party in exercising any right shall constitute a waiver of that right. Assignment. You may not assign or transfer these Terms without DataMoon’s prior written consent. DataMoon may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. Force Majeure. Neither party shall be liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, acts of government, pandemics, or internet disruptions. Notices. All notices must be in writing and sent to the addresses specified in the applicable Order Form, or to support@datamoon.com for DataMoon.

If you have questions about these Terms of Service, please contact us: Email: support@datamoon.com Website: datamoon.com