Terms of Service

These Terms of Service ("Agreement") govern your access to and use of BuyerBeacon Pro's data, identity, and marketing platform ("Services"). By signing up, accessing, or using the Services you ("Company," "you") agree to be bound by this Agreement.

• "Authorized Applications" — the permitted uses of Available Data, as set forth in the Data Catalog or applicable amendment.
• "Available Data" — the aggregate collection of segments and information contained in the Data Catalog.
• "Available Segments" — specific data elements tied to BuyerBeacon Pro cookies, tags, mobile/device IDs, hashed email matches, or other user designations.
• "Company Data" — data you transmit to the Platform via our pixel/API for use of the Services.
• "Confidential Information" — non-public information disclosed by one party to the other, marked or reasonably understood as confidential.
• "Data Catalog" — the collection of Available Data and our proprietary ID graph.
• "Platform" — BuyerBeacon Pro's proprietary platform.
• "Services" — the data and identity services set forth in a Service Order.

BuyerBeacon Pro grants Company a worldwide, non-exclusive, non-transferable license to access and use the Platform and Available Data solely for the designated Authorized Applications during the Term, subject to Company's compliance with this Agreement. No title or ownership of the Available Data is transferred.

You grant BuyerBeacon Pro a limited, non-exclusive, non-sublicensable license to receive, store, reproduce, and transmit Company Data solely to provide the Services. We will process Company Data as a processor or sub-processor in compliance with applicable privacy laws.

• Term. This Agreement begins on the Effective Date and continues for twelve (12) months unless otherwise terminated.
• Termination for Cause. Either party may terminate upon ninety (90) days' written notice if the other party materially breaches and fails to cure. Non-curable breaches may result in immediate termination.
• Change in Law. If any change in applicable law makes provision of the Services unlawful, we may terminate immediately upon the effective date of the change.
• Effect of Termination. Upon termination, each party shall destroy the other's Confidential Information (and certify destruction within thirty (30) days), except one copy retained for legal/archival purposes. Company shall promptly pay any outstanding fees.

You will not:

• White-label Available Data
• Include Available Data in blind exchanges
• Resell Available Data beyond what this Agreement permits
• Redistribute to third parties except to fulfill a specific client campaign
• Create derivative data products
• Reveal domain-level data to your own clients without permission

Available Data may not be used in connection with credit eligibility, insurance underwriting, employment screening, credit-repair, or unlawful products (including pornography, illegal drugs, or illegal weapons).

Each party will comply with (i) all applicable privacy and data-protection laws, (ii) the DAA, NAI, and IAB self-regulatory principles, and (iii) all applicable federal and state laws and regulations. Marketing communications using Available Data must not reference inferred attributes (for example, "Because you are pregnant…").

(a) Pricing. Applicable fees are set forth in the Service Order or the pricing page in effect at the time of subscription.

(b) Usage Reporting. Where applicable, Company will provide monthly usage reports within fourteen (14) days following month-end.

(c) Payment Terms. Subscription fees are billed in advance per the elected plan (monthly or annual). Invoices for usage-based fees are due within seven (7) days of receipt. Past-due amounts accrue interest at the lesser of one-half percent (0.5%) per month or the maximum lawful rate.

(e) Taxes. Company is responsible for all applicable taxes (sales, use, VAT, GST, withholding, etc.), excluding taxes on BuyerBeacon Pro's net income.

Neither party will use the other's Confidential Information except as permitted by this Agreement, and each party will protect Confidential Information using reasonable safeguards no less protective than those used for its own confidential information. Breach of confidentiality may result in irreparable harm warranting injunctive relief without bond.

Each party shall maintain an information-security program appropriate for the scope and sensitivity of the data handled. BuyerBeacon Pro may conduct one (1) audit per twelve (12)-month period upon five (5) business days' notice.

Both parties shall comply with all applicable rules and laws including the FTC Act, CCPA/CPRA, GDPR (where applicable), CAN-SPAM, TCPA, and the self-regulatory principles of the IAB, DAA, NAI, and EDAA. Company represents and warrants that it has obtained any necessary consents from end users.

Company warrants it has the capacity, software, and personnel necessary to perform its obligations. Each party warrants it is duly formed, authorized, and not in violation of any other agreement.

Except as expressly stated, BuyerBeacon Pro makes no warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, currency, or completeness.

Neither party shall be liable for any indirect, incidental, special, or consequential damages (including loss of income, revenue, profits, or goodwill), even if advised of the possibility of such damages.

BuyerBeacon Pro's aggregate liability under this Agreement shall not exceed two times (2x) the average monthly fees paid by Company in the trailing twelve (12) months.

For damages arising from unauthorized disclosure of Confidential Information, the aggregate cap shall not exceed the greater of (a) US $250,000 or (b) six times (6x) the average monthly fees paid under this Agreement. These limitations do not apply to indemnification obligations or to damages resulting from gross negligence or intentional misconduct.

Each party shall indemnify the other for third-party claims arising from (i) the indemnifying party's violation of law, (ii) misuse of the other party's Confidential Information, or (iii) breach of this Agreement. Company shall further indemnify BuyerBeacon Pro for any misuse or misappropriation of Available Data.

• Assignment. Company may not assign this Agreement without our prior written consent, except in connection with a merger or change of control.
• Independent Contractors. The parties are independent contractors; no agency, partnership, or joint venture is created.
• Force Majeure. Neither party is liable for failure caused by events beyond reasonable control.
• Notices. Notices to BuyerBeacon Pro must be sent to 32 N Gould St., Ste R, Sheridan, WY 82801, with email copy to admin@buyerbeacon.pro.
• Governing Law / Venue. This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.
• Severability. If any provision is held unenforceable, the remainder of the Agreement remains in effect.
• Entire Agreement. This Agreement is the entire understanding between the parties and supersedes prior agreements on the subject matter.