Acquired Data Terms of Service

Effective Date: July 13, 2026
Last Updated: July 13, 2026

These Terms of Service constitute a legally binding agreement between you and Trendtubes LLC, doing business as Acquired Data(“Acquired Data,” “Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of:

  • The Acquired Data website;
  • The Acquired Data platform;
  • Skip-tracing services;
  • Data append and enrichment services;
  • Property, owner, business, telephone, email, demographic, and related data products;
  • Bulk data orders;
  • Subscription plans;
  • Application programming interfaces;
  • Downloadable files;
  • Reports;
  • Credits;
  • Software features; and
  • Any other products or services provided by Acquired Data.

These products and services are collectively referred to as the “Services.”

Important Notice

THESE TERMS CONTAIN:

  • A NO-REFUND POLICY;
  • A REQUIREMENT THAT MOST DISPUTES BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION;
  • A CLASS-ACTION WAIVER;
  • A JURY-TRIAL WAIVER;
  • LIMITATIONS ON ACQUIRED DATA’S LIABILITY;
  • CUSTOMER INDEMNIFICATION OBLIGATIONS; AND
  • STRICT RESTRICTIONS ON HOW DATA MAY BE USED.

Please review these Terms carefully before using the Services.

1. Acceptance of These Terms

By doing any of the following, you agree to these Terms:

  • Clicking “I Agree,” “Create Account,” “Purchase,” “Subscribe,” “Submit Order,” or a similar button;
  • Creating an account;
  • Purchasing credits;
  • Paying an invoice;
  • Submitting data for processing;
  • Downloading data;
  • Accessing an application programming interface;
  • Using any portion of the Services; or
  • Continuing to use the Services after updated Terms have been posted or otherwise presented to you.

If you use the Services on behalf of a company or other organization, you represent and warrant that:

  1. You have authority to bind that organization;
  2. The organization agrees to these Terms; and
  3. “You” and “Customer” refer to both you and that organization.

If you do not agree to these Terms, you may not access or use the Services.

Electronic acceptance of these Terms has the same force and effect as a handwritten signature.

2. Business-Use-Only Service

The Services are offered solely for legitimate business and professional purposes.

You represent and warrant that:

  • You are at least 18 years old;
  • You are legally capable of entering into a binding agreement;
  • You are using the Services for business purposes and not primarily for personal, family, or household purposes;
  • All registration and billing information you provide is accurate;
  • You are not prohibited from using the Services under applicable law; and
  • You are not accessing the Services on behalf of a sanctioned, restricted, or prohibited person or entity.

Acquired Data may refuse service to any person or organization at its discretion, subject to applicable law.

3. Privacy Policy

The Acquired Data Privacy Policy is incorporated into these Terms by reference.

By using the Services, you acknowledge that Acquired Data may collect, purchase, license, scrape, cache, aggregate, standardize, verify, match, model, infer, and enrich information as described in the Privacy Policy.

The Privacy Policy explains how Acquired Data processes:

  • Customer account information;
  • Customer-uploaded information;
  • Publicly available information;
  • Licensed third-party information;
  • Acquired Data’s independently maintained databases; and
  • Privacy, deletion, correction, and opt-out requests.

If these Terms conflict with the Privacy Policy regarding contractual use restrictions or payment obligations, these Terms control. The Privacy Policy controls Acquired Data’s description of its privacy practices.

4. Description of the Services

Acquired Data may provide Services including:

  • Individual and bulk skip tracing;
  • Telephone number append services;
  • Email append services;
  • Property-owner matching;
  • Property and real estate data;
  • Business data;
  • Contact verification;
  • Address standardization;
  • Record matching;
  • Data cleaning;
  • Data deduplication;
  • Data enrichment;
  • Data scoring;
  • Data aggregation;
  • List building;
  • Database access;
  • Data exports;
  • Application programming interface access;
  • Cached search results;
  • Public-record aggregation;
  • Derived or inferred data;
  • Analytics; and
  • Related data and technology services.

The features, availability, included records, usage limits, credit requirements, pricing, match methodology, and delivery format may vary by product, subscription, order, or account.

Acquired Data may add, remove, modify, restrict, replace, or discontinue any Service or feature at any time.

5. Sources of Data

Acquired Data may obtain information from:

  • Commercial data providers;
  • Data licensors;
  • Data brokers;
  • Public records;
  • Government databases;
  • County and municipal records;
  • Property records;
  • Business filings;
  • Public directories;
  • Public websites;
  • Publicly accessible internet sources;
  • Service providers;
  • Customer-provided information;
  • Data verification providers;
  • Previously cached information;
  • Independently collected information; and
  • Information created through aggregation, matching, standardization, scoring, modeling, inference, or enrichment.

Where permitted by applicable law, collection may be completed manually or through automated methods, including crawling, extraction, indexing, or scraping.

The inclusion of information in the Services does not mean that the individual associated with the information:

  • Submitted the information directly to Acquired Data;
  • Consented to receive marketing communications from you;
  • Requested that you contact them;
  • Is currently associated with the listed property, number, email, or business;
  • Has waived any privacy right;
  • Has provided consent under telemarketing laws; or
  • Has consented to any particular downstream use.

6. Limited Data License

Subject to your payment of all applicable fees and continued compliance with these Terms, Acquired Data grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use data delivered through the Services solely for your internal lawful business purposes.

Unless Acquired Data expressly authorizes otherwise in a signed written agreement, you may not:

  • Sell, license, sublicense, rent, lease, distribute, publish, or commercially provide Acquired Data information to another party;
  • Operate a competing data, list, enrichment, skip-tracing, or database service;
  • Use the Services to fulfill orders for third parties;
  • Allow customers, affiliates, partners, or unrelated contractors to access your account;
  • Share application programming interface credentials;
  • Make raw data available through another platform;
  • White-label or resell the Services;
  • Create a derivative database for resale;
  • Export Acquired Data information for unrestricted public distribution;
  • Reverse engineer Acquired Data’s matching, enrichment, or scoring methods;
  • Copy Acquired Data’s website or platform;
  • Scrape, crawl, index, or automatically extract data from the platform outside an authorized application programming interface;
  • Circumvent access, export, credit, rate, or volume restrictions; or
  • Remove proprietary notices or source identifiers.

A separate reseller, enterprise, white-label, or data-license agreement is required for any resale, redistribution, sublicensing, fulfillment, or third-party access.

7. Permitted Uses

Subject to applicable law and these Terms, permitted uses may include:

  • Real estate research;
  • Property-owner identification;
  • Business development;
  • Market research;
  • Internal lead enrichment;
  • Customer record correction;
  • Internal data hygiene;
  • Lawful direct marketing;
  • Property acquisition outreach;
  • Property disposition research;
  • Business-to-business prospecting;
  • Contact verification;
  • Internal analytics; and
  • Other uses expressly approved by Acquired Data.

Your use must remain consistent with:

  • The purpose represented when you opened your account;
  • Your selected plan;
  • Any order form;
  • Any written use restrictions;
  • Applicable privacy laws;
  • Applicable communications laws;
  • Applicable consumer-protection laws; and
  • Any legally required consent, notice, suppression, or opt-out obligations.

8. Prohibited Uses

You may not use the Services or any information obtained through the Services to:

  • Violate any law, regulation, court order, or government requirement;
  • Harass, threaten, intimidate, stalk, exploit, or harm any person;
  • Facilitate fraud, identity theft, deception, impersonation, or theft;
  • Engage in unlawful surveillance;
  • Locate a person for retaliation, abuse, or an unlawful purpose;
  • Publish personal information to encourage harassment;
  • Discriminate unlawfully;
  • Make decisions based on protected characteristics;
  • Facilitate redlining or unlawful housing discrimination;
  • Send unlawful calls, texts, emails, or advertisements;
  • Contact anyone who has opted out or asked not to be contacted;
  • Circumvent the National Do Not Call Registry or a state do-not-call registry;
  • Circumvent an entity-specific do-not-contact request;
  • Misrepresent your identity, telephone number, business, or purpose;
  • Use deceptive caller identification or spoofing;
  • Make false or misleading representations to consumers;
  • Collect debts unlawfully;
  • Conduct unlawful background investigations;
  • Access accounts, devices, or systems without authorization;
  • Introduce malware or malicious code;
  • Test platform vulnerabilities without written authorization;
  • Interfere with the Services;
  • Overload or abuse an application programming interface;
  • Create duplicate accounts to avoid restrictions;
  • Avoid fees or credit requirements;
  • Circumvent a suspension or termination;
  • Resell data without authorization;
  • Combine the data with stolen or unlawfully obtained information;
  • Use the Services in connection with human trafficking, exploitation, or violence;
  • Identify or target children;
  • Process highly sensitive information without written authorization; or
  • Engage in conduct that creates an unreasonable legal, privacy, security, or reputational risk to Acquired Data.

Acquired Data may determine, in its reasonable discretion, whether conduct violates this section.

9. No Fair Credit Reporting Act Use

Acquired Data is not a consumer reporting agency and does not provide consumer reports.

The Services may not be used, in whole or in part, to determine a person’s eligibility for:

  • Credit;
  • Financing;
  • Loans;
  • Insurance;
  • Employment;
  • Promotion;
  • Reassignment;
  • Residential tenancy;
  • Housing eligibility;
  • Government benefits;
  • Licenses;
  • Education admissions; or
  • Any other purpose regulated by the Fair Credit Reporting Act or similar law.

You may not use the Services for:

  • Tenant screening;
  • Employment screening;
  • Credit screening;
  • Insurance underwriting;
  • Consumer background checks; or
  • Other regulated eligibility decisions.

You agree not to represent that Acquired Data information is a consumer report or has been verified for a Fair Credit Reporting Act purpose.

10. Calling, Texting, Email, and Marketing Compliance

Acquired Data does not provide legal advice concerning calling, texting, email, advertising, or telemarketing compliance.

A telephone number or email address delivered through the Services does not establish that:

  • The person consented to receive your communication;
  • The number is not listed on a do-not-call registry;
  • You have prior express consent;
  • You have prior express written consent;
  • The number is a residential, mobile, business, or Voice over Internet Protocol number;
  • The number or email remains associated with the listed person;
  • An established business relationship exists; or
  • Your communication is lawful.

You are solely responsible for determining whether each communication is permitted.

You must comply with all applicable requirements relating to:

  • The Telephone Consumer Protection Act;
  • The Telemarketing Sales Rule;
  • National and state do-not-call registries;
  • State telemarketing laws;
  • Automated dialing;
  • Artificial or prerecorded voice technology;
  • Ringless voicemail;
  • SMS and MMS messages;
  • Email marketing;
  • Calling-hour restrictions;
  • Caller identification;
  • Consent;
  • Consent revocation;
  • Opt-outs;
  • Internal suppression lists;
  • Recordkeeping;
  • Registration;
  • Licensing;
  • Bonding;
  • Call recording;
  • Monitoring; and
  • Industry-specific communications.

You must maintain your own:

  • Do-not-call procedures;
  • Internal suppression lists;
  • Consent records;
  • Communication records;
  • Opt-out records;
  • Revocation records;
  • Compliance policies; and
  • Vendor controls.

Upon request, you must provide Acquired Data with reasonable evidence of your compliance, including consent records, suppression procedures, scripts, forms, campaign descriptions, and intended-use documentation.

Acquired Data may suspend or terminate your account if it reasonably believes you are using the Services for unlawful or noncompliant outreach.

11. Customer Representations and Warranties

You represent, warrant, and agree that:

  1. You have a legitimate and lawful business purpose for each use of the Services.
  2. You will use the Services only as authorized.
  3. You will independently determine the legality of your intended use.
  4. You will obtain all required consent before contacting any individual.
  5. You will honor all opt-out and do-not-contact requests.
  6. You will maintain all legally required registrations, licenses, policies, and records.
  7. You will not rely solely on Acquired Data to make a material legal, financial, investment, credit, housing, employment, or safety decision.
  8. You will independently verify material information.
  9. You have all necessary rights to upload Customer Data.
  10. Customer Data does not violate another party’s rights.
  11. You will not upload unlawfully obtained information.
  12. You will not upload sensitive information unless expressly authorized.
  13. Your payment information is accurate and authorized.
  14. You will prevent unauthorized account access.
  15. You will promptly notify Acquired Data of any suspected misuse or security incident.
  16. You will ensure that your employees, contractors, affiliates, and vendors comply with these Terms.
  17. You will not falsely represent that Acquired Data approved, sponsored, endorsed, or participated in your communications.
  18. You will not use the name “Acquired Data” in consumer outreach without written authorization.

These representations and warranties are continuing obligations.

12. Customer-Provided Data

“Customer Data” means information uploaded, submitted, transmitted, imported, connected, or otherwise provided by you or on your behalf.

You retain your ownership rights in Customer Data, subject to the rights granted in these Terms.

You grant Acquired Data a worldwide, non-exclusive, royalty-free license to:

  • Host;
  • Store;
  • Copy;
  • Transmit;
  • Standardize;
  • Match;
  • Deduplicate;
  • Verify;
  • Analyze;
  • Append;
  • Enrich;
  • Process;
  • Return; and
  • Otherwise use Customer Data as reasonably necessary to provide, protect, support, and improve the Services.

Acquired Data may use aggregated, statistical, deidentified, or non-customer-identifying information for:

  • Service improvement;
  • Quality measurement;
  • Fraud prevention;
  • Analytics;
  • Benchmarking;
  • Product development;
  • Data-source evaluation; and
  • Security.

Unless separately authorized in writing, Acquired Data will not sell or license your confidential uploaded list as a standalone customer list to an unrelated third party.

This does not restrict Acquired Data from using or licensing information that:

  • Acquired Data already possessed;
  • Was independently obtained from a lawful source;
  • Exists in Acquired Data’s independently maintained database;
  • Is publicly available;
  • Is received from another customer or supplier without a confidentiality restriction;
  • Has been aggregated or deidentified;
  • Is necessary for suppression or privacy-request compliance; or
  • Is required to be retained by law.

13. Independent Privacy Responsibilities

Depending on the circumstances, each party may act as an independent business, controller, owner, or other regulated entity with respect to personal information.

You are independently responsible for:

  • Your privacy policy;
  • Your legal basis for processing;
  • Your consumer notices;
  • Your consent collection;
  • Your privacy-request procedures;
  • Your suppression processes;
  • Your security measures;
  • Your data retention;
  • Your downstream vendors;
  • Your sale or sharing disclosures; and
  • Your compliance with state privacy laws.

Acquired Data is not responsible for responding to privacy requests directed to you.

If Acquired Data forwards a consumer request or complaint relating to your use of data, you must investigate and respond promptly.

You may not instruct a consumer to direct a complaint to Acquired Data when the complaint arises from your communication or conduct.

14. Data Accuracy and Match Results

Data products, including skip-tracing results, are based on third-party, public, licensed, cached, derived, customer-provided, or inferred information.

Data may be:

  • Incomplete;
  • Incorrect;
  • Stale;
  • Duplicated;
  • Mismatched;
  • Unavailable;
  • Estimated;
  • Inferred;
  • Associated with the wrong person;
  • Associated with a prior owner;
  • Associated with a family member;
  • Associated with a business;
  • Disconnected;
  • Reassigned; or
  • Changed after delivery.

Acquired Data does not guarantee:

  • A particular match rate;
  • A particular answer rate;
  • A particular contact rate;
  • A particular conversion rate;
  • A particular return on investment;
  • That every property has an available owner match;
  • That every owner has a telephone number or email;
  • That a number is active;
  • That a number belongs to the intended person;
  • That an email is deliverable;
  • That a record is current;
  • That a record is unique;
  • That a communication is legally permitted;
  • That a record will produce a transaction;
  • That third-party source data is correct; or
  • That data will remain available.

Data marked as “verified,” “validated,” “high confidence,” “mobile,” “landline,” “active,” or similar is based on available signals and does not constitute an absolute guarantee.

You must independently verify material information before acting on it.

15. Orders and Delivery

An order is considered submitted when:

  • You click the applicable purchase or submission button;
  • Credits are deducted;
  • Payment is processed;
  • A file is uploaded for processing;
  • An application programming interface request is accepted; or
  • Acquired Data begins processing the order.

Orders may be processed immediately and generally cannot be canceled after submission.

Delivery may occur through:

  • Platform download;
  • Email;
  • Application programming interface;
  • Customer account;
  • Cloud storage;
  • Connected software;
  • File transfer; or
  • Another agreed delivery method.

Estimated processing times are estimates only.

Acquired Data is not liable for delays caused by:

  • Third-party providers;
  • Public-record systems;
  • Data suppliers;
  • Internet outages;
  • Hosting providers;
  • Customer files;
  • Incorrect formatting;
  • Rate limits;
  • Security reviews;
  • Compliance reviews;
  • Force majeure events; or
  • Circumstances outside Acquired Data’s reasonable control.

16. Pricing, Credits, and Expiration

Prices, credit requirements, subscription features, included usage, overage rates, and minimum commitments are displayed on the applicable pricing page, checkout page, invoice, order form, or subscription page.

Acquired Data may change its pricing prospectively at any time.

Unless otherwise expressly stated:

  • Credits are deducted when an order, search, file, record, or application programming interface request is submitted for processing;
  • Different Services may require different numbers of credits;
  • Credits are not legal tender;
  • Credits have no cash value;
  • Credits may not be transferred, resold, exchanged, or redeemed for cash;
  • Credits may be used only through the Acquired Data account for which they were purchased or issued; and
  • Acquired Data may correct credit balances resulting from technical errors, payment reversals, fraud, misuse, or unauthorized activity.

Non-Subscription Credits

Credits purchased separately from a recurring subscription expire one year after the date of purchase.

Non-subscription credits do not renew or extend merely because:

  • The customer makes an additional credit purchase;
  • The customer purchases or maintains a subscription;
  • The customer does not use the credits;
  • The customer’s account is temporarily inactive; or
  • The customer requests additional time.

Credits will be used in the order determined by Acquired Data, which may include applying credits with the earliest expiration date first.

Any non-subscription credits remaining after the applicable one-year expiration date will automatically expire and be removed from the customer’s account without refund, cash value, replacement, or compensation.

Subscription Credits

Credits included with a recurring subscription are valid only during the billing cycle or subscription term in which they are issued.

Subscription credits expire at the end of the applicable subscription billing cycle, including:

  • At the end of each monthly billing cycle for a monthly subscription;
  • At the end of each quarterly billing cycle for a quarterly subscription;
  • At the end of each annual billing cycle for an annual subscription; or
  • At the end of another billing period expressly stated in the applicable plan or order form.

Unused subscription credits do not roll over into a subsequent billing cycle unless Acquired Data expressly states otherwise in writing for a specific plan.

At the beginning of each renewed billing cycle, the customer will receive the number of subscription credits included in the customer’s then-current plan, subject to successful payment and continued account eligibility.

Subscription credits immediately expire upon:

  • The end of the applicable billing cycle;
  • Expiration of the subscription term;
  • Termination of the subscription for violation of these Terms;
  • A payment reversal or chargeback associated with the subscription; or
  • Cancellation or termination where immediate termination is permitted under the applicable plan.

Cancellation of a subscription does not convert subscription credits into non-subscription credits and does not extend their expiration date.

Promotional, Courtesy, and Remedial Credits

Promotional, courtesy, replacement, and remedial credits may be subject to a shorter expiration period disclosed when issued.

Unless Acquired Data expressly states otherwise, these credits:

  • Have no cash value;
  • Are nontransferable;
  • Are nonrefundable;
  • May be restricted to specific products;
  • May expire;
  • May be revoked if obtained through fraud, abuse, error, or misrepresentation; and
  • Do not extend the expiration date of purchased or subscription credits.

No Refund for Expired Credits

Expired credits are forfeited and are not eligible for:

  • A refund;
  • A payment reversal;
  • A cash payment;
  • Replacement credits;
  • Reinstatement;
  • Account credit;
  • Extension; or
  • Transfer to another account.

The customer is solely responsible for monitoring credit balances and expiration dates.

17. No Refunds; Credits-Only Remedy

ALL SALES ARE FINAL. PAYMENTS ARE NONREFUNDABLE.

Except where a refund is expressly required by applicable law, Acquired Data does not provide cash refunds, payment reversals, or prorated refunds for:

  • Credit purchases;
  • Subscription fees;
  • Setup fees;
  • Minimum commitments;
  • Data orders;
  • Processed records;
  • Partially processed orders;
  • Unused credits;
  • Unused subscription periods;
  • Unused account capacity;
  • Duplicate records;
  • Low match rates;
  • No-match records;
  • Incorrect records;
  • Outdated records;
  • Disconnected numbers;
  • Reassigned numbers;
  • Undeliverable emails;
  • Customer formatting errors;
  • Customer-upload errors;
  • Campaign results;
  • Poor conversion;
  • Failure to contact a person;
  • Customer cancellation;
  • Account suspension caused by a violation;
  • Account termination caused by a violation;
  • Third-party service restrictions;
  • Regulatory changes; or
  • A customer’s decision not to use delivered data.

If Acquired Data verifies that a material technical error caused an order not to be processed substantially as described, Acquired Data may, at its sole discretion:

  1. Reprocess the affected records;
  2. Replace the affected results;
  3. Restore consumed credits;
  4. Issue platform credits; or
  5. Provide another non-cash service remedy.

REPROCESSING, REPLACEMENT, OR PLATFORM CREDIT IS YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE OR FAILED DATA ORDER.

Acquired Data is not obligated to issue a credit merely because data is incomplete, inaccurate, duplicated, outdated, nonresponsive, or commercially unsuccessful.

Any request for review must:

  • Be submitted within seven calendar days after delivery;
  • Identify the affected order;
  • Identify the specific disputed records;
  • Explain the alleged technical failure; and
  • Include reasonably requested supporting information.

Requests submitted after seven calendar days may be denied.

Courtesy credits:

  • Are discretionary;
  • Are not an admission of fault;
  • Have no cash value;
  • Are nontransferable;
  • May be restricted to specific products;
  • May expire; and
  • May be revoked if obtained through misrepresentation, fraud, or abuse.

18. Subscription Plans and Automatic Renewal

If you purchase a recurring plan, you authorize Acquired Data and its payment processor to automatically charge the payment method on file at each applicable billing interval until the subscription is canceled.

Unless otherwise stated:

  • Subscriptions renew automatically;
  • Renewal occurs at the then-current price;
  • Billing may occur monthly, quarterly, annually, or as otherwise disclosed;
  • Subscription fees are charged in advance;
  • Subscription payments are nonrefundable;
  • Cancellation does not create a refund;
  • Cancellation does not create a prorated credit;
  • Cancellation takes effect at the end of the current paid billing period;
  • You remain responsible for charges incurred before cancellation; and
  • Usage beyond plan limits may result in additional charges.

Credits issued under a subscription expire at the end of each applicable billing cycle and do not roll over, regardless of whether the customer used all available credits during that cycle, unless the applicable plan expressly provides otherwise.

You must cancel through the cancellation method made available in your account or by contacting admin@acquiredcrm.com before the next renewal charge.

Deleting an application, stopping platform use, removing a payment method, or failing to use the Services does not cancel a subscription.

Acquired Data may change subscription pricing upon reasonable prior notice. Continued use after the effective date constitutes acceptance of the updated price.

19. Payment Authorization

You authorize Acquired Data and its payment processors to charge:

  • Subscription fees;
  • Credit purchases;
  • Usage charges;
  • Overage charges;
  • Minimum commitments;
  • Setup fees;
  • Applicable taxes;
  • Late fees;
  • Collection costs; and
  • Other amounts disclosed before purchase.

You must maintain a valid payment method.

If a payment fails, Acquired Data may:

  • Retry the charge;
  • Suspend access;
  • Restrict downloads;
  • Prevent new orders;
  • Disable application programming interface access;
  • Offset outstanding balances against credits;
  • Terminate the account; or
  • Refer the balance for collection.

You are responsible for all sales, use, excise, value-added, and similar taxes, excluding taxes based solely on Acquired Data’s net income.

20. Chargebacks and Payment Disputes

Before initiating a chargeback or payment dispute, you agree to contact Acquired Data at admin@acquiredcrm.com and provide a reasonable opportunity to investigate.

Initiating a chargeback does not cancel your contractual payment obligation.

Acquired Data may suspend or terminate an account associated with:

  • An unauthorized chargeback;
  • A fraudulent dispute;
  • A payment reversal;
  • Repeated failed payments; or
  • Circumvention of the no-refund policy.

You remain responsible for:

  • Valid unpaid charges;
  • Chargeback fees;
  • Collection costs;
  • Reasonable attorneys’ fees; and
  • Other costs permitted by law.

Nothing in this section prevents you from disputing a genuinely unauthorized transaction or exercising a non-waivable legal right.

21. Free Trials, Promotions, and Beta Services

Acquired Data may offer trials, promotional pricing, beta features, test data, or complimentary credits.

Unless expressly stated otherwise:

  • Promotional benefits may be modified or withdrawn;
  • Promotional credits may expire;
  • Trial features may be limited;
  • Trial data may not be retained;
  • Beta features may contain errors;
  • Beta features may be discontinued;
  • Beta features may not be suitable for production use; and
  • No service level applies to a trial or beta feature.

Attempting to obtain multiple trials or promotions through duplicate accounts is prohibited.

22. Account Registration and Security

You must provide accurate account information and keep it current.

You are responsible for:

  • Protecting login credentials;
  • Protecting application programming interface keys;
  • Restricting employee access;
  • Removing former users;
  • Configuring account permissions;
  • Securing exported files;
  • Securing connected applications;
  • Monitoring account activity; and
  • All activity performed through your account.

You may not share a single user account among multiple unrelated people unless your plan expressly permits it.

You must immediately notify Acquired Data at admin@acquiredcrm.com if you suspect:

  • Unauthorized access;
  • Credential compromise;
  • Data theft;
  • Misuse;
  • A security incident;
  • A privacy incident; or
  • An unauthorized export.

Acquired Data may require password changes, multifactor authentication, identity verification, or additional security controls.

23. Application Programming Interface Terms

If you access the Services through an application programming interface, you must:

  • Keep credentials confidential;
  • Follow documentation;
  • Comply with rate limits;
  • Use reasonable security controls;
  • Prevent unauthorized access;
  • Avoid excessive or abusive requests;
  • Maintain accurate usage records;
  • Stop requests when instructed;
  • Protect returned data; and
  • Promptly rotate compromised credentials.

Acquired Data may:

  • Modify endpoints;
  • Impose rate limits;
  • Restrict queries;
  • Change authentication requirements;
  • Throttle requests;
  • Revoke credentials;
  • Monitor usage;
  • Require additional fees; or
  • Discontinue an application programming interface.

You may not use the application programming interface to recreate, mirror, cache for resale, or provide unauthorized access to the Acquired Data database.

24. Compliance Reviews and Audit Rights

Acquired Data may investigate potential violations of these Terms.

You agree to reasonably cooperate with a compliance review and provide requested information concerning:

  • Your identity;
  • Your company;
  • Your intended use;
  • Your campaigns;
  • Your customer base;
  • Your data sources;
  • Your privacy policy;
  • Your marketing practices;
  • Your consent process;
  • Your suppression process;
  • Your security practices;
  • Your resale arrangements;
  • Your contractors; and
  • Any complaint associated with your account.

Acquired Data may require written certification of compliance.

Failure to cooperate may result in suspension or termination.

Acquired Data is not obligated to monitor every customer or use. A failure to detect or prevent a violation does not waive Acquired Data’s rights.

25. Suspension and Termination

Acquired Data may immediately suspend, restrict, or terminate your account if it reasonably believes:

  • You violated these Terms;
  • Your use may be unlawful;
  • Your use creates a privacy or security risk;
  • Your use creates a reputational risk;
  • Your account has been compromised;
  • Your payment is overdue;
  • You submitted false information;
  • You initiated a fraudulent chargeback;
  • You attempted unauthorized resale;
  • You failed a compliance review;
  • A government authority requested restriction;
  • A data supplier requires restriction; or
  • Continued service could expose Acquired Data or another party to liability.

Acquired Data may take actions including:

  • Blocking login access;
  • Restricting downloads;
  • Revoking application programming interface credentials;
  • Canceling pending orders;
  • Disabling integrations;
  • Preserving relevant records;
  • Withholding delivery;
  • Preventing additional purchases;
  • Removing unauthorized users; and
  • Terminating the account.

Where reasonably practicable, Acquired Data may provide notice and an opportunity to cure. Acquired Data is not required to provide an opportunity to cure fraud, security threats, unlawful conduct, unauthorized resale, payment abuse, or conduct that creates material risk.

Termination for violation does not entitle you to a refund.

Upon termination:

  • Your license ends;
  • You must stop using the Services;
  • You must stop representing that you are an Acquired Data customer or partner;
  • Outstanding amounts become immediately due;
  • Acquired Data may delete account content subject to its retention obligations;
  • You remain responsible for previously downloaded data; and
  • Provisions intended to survive termination remain effective.

26. Intellectual Property

The Services and all associated:

  • Software;
  • Platform interfaces;
  • Workflows;
  • Databases;
  • Database organization;
  • Matching methods;
  • Enrichment methods;
  • Scoring methods;
  • Designs;
  • Branding;
  • Reports;
  • Documentation;
  • Data compilations;
  • Proprietary fields;
  • Source selection;
  • Models;
  • Technology; and
  • Content

are owned by or licensed to Acquired Data and are protected by applicable intellectual-property and unfair-competition laws.

Except for the limited license expressly provided in these Terms, no right or ownership interest is transferred to you.

“Acquired Data,” associated logos, product names, and trade dress may not be used without prior written permission.

27. Feedback

If you provide suggestions, ideas, feature requests, recommendations, or other feedback, you grant Acquired Data a perpetual, worldwide, irrevocable, royalty-free right to use, modify, publish, implement, and commercialize that feedback without compensation or attribution.

28. Third-Party Services

The Services may depend on or integrate with third-party:

  • Data suppliers;
  • Payment processors;
  • Hosting providers;
  • Mapping services;
  • Communication platforms;
  • Customer relationship management systems;
  • Verification tools;
  • Analytics tools;
  • Public-record systems; and
  • Other technology providers.

Acquired Data does not control third-party systems and is not responsible for their:

  • Availability;
  • Accuracy;
  • Security;
  • Terms;
  • Privacy practices;
  • Changes;
  • Outages;
  • Restrictions;
  • Data loss; or
  • Discontinuation.

Your use of third-party services may be governed by separate terms.

29. No Professional Advice

The Services provide data and technology, not legal, financial, tax, investment, compliance, credit, insurance, employment, housing, or professional advice.

You are responsible for obtaining qualified professional advice concerning:

  • Your intended data use;
  • Your marketing;
  • Your contracts;
  • Your regulatory obligations;
  • Your privacy practices;
  • Your communications;
  • Your transactions;
  • Your investments; and
  • Your compliance program.

No statement by Acquired Data personnel creates a legal opinion or compliance guarantee.

30. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

ACQUIRED DATA DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:

  • MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • ACCURACY;
  • COMPLETENESS;
  • TIMELINESS;
  • AVAILABILITY;
  • SECURITY;
  • RELIABILITY;
  • QUIET ENJOYMENT;
  • DATA QUALITY;
  • MATCH RATE;
  • CONTACTABILITY;
  • DELIVERABILITY; AND
  • COMMERCIAL SUCCESS.

ACQUIRED DATA DOES NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED;
  • THE SERVICES WILL BE ERROR-FREE;
  • ALL DATA WILL BE ACCURATE;
  • ALL DATA WILL BE CURRENT;
  • A PARTICULAR RECORD WILL BE FOUND;
  • A PARTICULAR NUMBER WILL BE ACTIVE;
  • A PARTICULAR EMAIL WILL BE DELIVERABLE;
  • A PERSON WILL RESPOND;
  • YOUR COMMUNICATION WILL BE LEGAL;
  • YOUR CAMPAIGN WILL BE PROFITABLE;
  • YOUR USE WILL SATISFY A PARTICULAR LAW;
  • DEFECTS WILL BE CORRECTED;
  • THIRD-PARTY SOURCES WILL REMAIN AVAILABLE; OR
  • THE SERVICES WILL MEET YOUR EXPECTATIONS.

YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND YOUR RELIANCE ON DELIVERED DATA.

31. Purchaser Conduct and Independent Responsibility

You control and are solely responsible for:

  • How you use delivered data;
  • Who you contact;
  • What you communicate;
  • When you communicate;
  • Which technology you use;
  • Whether consent exists;
  • Whether a person opted out;
  • Whether a number is suppressed;
  • Whether your statements are accurate;
  • Whether your offer is lawful;
  • Whether your campaign complies with law;
  • How you store data;
  • How you share data;
  • Your employees and contractors; and
  • Your decisions and transactions.

Acquired Data does not direct, control, authorize, or participate in your independent outreach, offers, transactions, screening, advertising, or communications.

To the maximum extent permitted by law, Acquired Data is not responsible for:

  • Your calls;
  • Your text messages;
  • Your emails;
  • Your advertisements;
  • Your contracts;
  • Your offers;
  • Your consumer interactions;
  • Your failure to honor an opt-out;
  • Your misuse of information;
  • Your regulatory violations;
  • Your discrimination;
  • Your fraud;
  • Your data breach; or
  • Any other downstream act or omission.

32. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACQUIRED DATA AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, DATA SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY:

  • INDIRECT DAMAGES;
  • INCIDENTAL DAMAGES;
  • SPECIAL DAMAGES;
  • CONSEQUENTIAL DAMAGES;
  • EXEMPLARY DAMAGES;
  • PUNITIVE DAMAGES;
  • LOST PROFITS;
  • LOST REVENUE;
  • LOST BUSINESS;
  • LOST OPPORTUNITY;
  • LOST SAVINGS;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • COST OF REPLACEMENT DATA;
  • CAMPAIGN COSTS;
  • MARKETING COSTS;
  • TELECOMMUNICATION COSTS;
  • REGULATORY FINES ARISING FROM YOUR CONDUCT;
  • CONSUMER CLAIMS ARISING FROM YOUR CONDUCT;
  • THIRD-PARTY CLAIMS;
  • FAILED TRANSACTIONS; OR
  • BUSINESS INTERRUPTION.

THIS EXCLUSION APPLIES REGARDLESS OF:

  • THE LEGAL THEORY ASSERTED;
  • WHETHER DAMAGES WERE FORESEEABLE;
  • WHETHER ACQUIRED DATA WAS ADVISED OF THEIR POSSIBILITY; OR
  • WHETHER A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACQUIRED DATA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR YOUR ACCOUNT WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO ACQUIRED DATA FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT FIRST GAVE RISE TO THE CLAIM.

If applicable law does not permit a particular exclusion or limitation, the exclusion or limitation will apply to the maximum extent permitted.

Nothing in these Terms excludes liability that cannot legally be excluded.

33. Indemnification

You agree to defend, indemnify, and hold harmless Acquired Data and its owners, affiliates, officers, directors, employees, contractors, licensors, data suppliers, and service providers from and against all claims, demands, actions, investigations, proceedings, losses, damages, judgments, settlements, penalties, fines, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • Your use of the Services;
  • Your use of delivered data;
  • Your communications;
  • Your calls;
  • Your text messages;
  • Your emails;
  • Your advertising;
  • Your offers or transactions;
  • Your violation of law;
  • Your violation of these Terms;
  • Your breach of a representation or warranty;
  • Customer Data;
  • Your lack of consent;
  • Your failure to honor an opt-out;
  • Your failure to use suppression lists;
  • Your data breach;
  • Your security practices;
  • Your employees;
  • Your contractors;
  • Your affiliates;
  • Your customers;
  • Your unauthorized resale or disclosure;
  • An allegation that Customer Data infringes another party’s rights;
  • A government inquiry caused by your conduct;
  • A consumer complaint caused by your conduct; or
  • Your fraud, negligence, misconduct, or omission.

Acquired Data may control the defense and settlement of a covered claim.

You may not settle a claim in a manner that:

  • Admits wrongdoing by Acquired Data;
  • Imposes an obligation on Acquired Data;
  • Restricts Acquired Data’s operations; or
  • Requires payment by Acquired Data

without Acquired Data’s prior written consent.

34. Release

To the maximum extent permitted by law, you release Acquired Data from claims arising from disputes between you and:

  • A consumer;
  • A property owner;
  • A prospect;
  • A customer;
  • A vendor;
  • A contractor;
  • A data recipient;
  • A marketing provider;
  • A communication provider; or
  • Another third party.

Acquired Data has no duty to intervene in or resolve such disputes.

35. Confidentiality

Each party may receive nonpublic business, technical, financial, security, or operational information from the other party.

The receiving party will:

  • Use confidential information only for the relationship;
  • Apply reasonable safeguards;
  • Limit access to personnel with a need to know; and
  • Not disclose confidential information except as authorized or required by law.

Confidential information does not include information that:

  • Is publicly available without breach;
  • Was already lawfully known;
  • Is independently developed;
  • Is lawfully received without restriction; or
  • Must be disclosed by law.

Acquired Data may disclose confidential information to employees, contractors, professional advisers, affiliates, service providers, data processors, and government authorities as reasonably necessary.

The confidentiality obligations in this section do not alter Acquired Data’s independent rights in Acquired Database Data.

36. Security of Exported Data

Once you download, export, transmit, or otherwise receive data, you are responsible for its security.

You must use reasonable safeguards, including where appropriate:

  • Access controls;
  • Strong passwords;
  • Encryption;
  • Multifactor authentication;
  • Secure storage;
  • Secure file transfer;
  • Employee restrictions;
  • Vendor controls;
  • Data minimization;
  • Retention limits; and
  • Incident response procedures.

You must not store delivered data in a publicly accessible location.

You must notify Acquired Data promptly if Acquired Data information is exposed, stolen, accessed without authorization, or used unlawfully.

37. Government and Legal Requests

Acquired Data may preserve or disclose information when reasonably necessary to:

  • Comply with law;
  • Respond to legal process;
  • Respond to a regulator;
  • Investigate fraud;
  • Prevent harm;
  • Protect the Services;
  • Enforce these Terms;
  • Defend a legal claim; or
  • Protect Acquired Data or another party.

Acquired Data may suspend an account while responding to a legal, regulatory, privacy, fraud, or security matter.

38. Informal Dispute Resolution

Before commencing arbitration or litigation, the complaining party must send a written notice describing:

  • The party’s name and contact information;
  • The relevant account;
  • The facts of the dispute;
  • The legal basis of the claim;
  • The requested relief; and
  • Supporting documentation.

Notices to Acquired Data must be sent to:

admin@acquiredcrm.com
and
Trendtubes LLC, 8034 252nd Street, Bellerose, NY 11426

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.

This informal process is a condition precedent to arbitration, except where immediate injunctive relief is reasonably necessary.

39. Binding Arbitration

Except for the limited exceptions below, any dispute, claim, or controversy arising out of or relating to:

  • These Terms;
  • The Privacy Policy;
  • The Services;
  • An account;
  • An order;
  • A subscription;
  • Data;
  • Credits;
  • Billing;
  • Marketing;
  • Communications;
  • Termination; or
  • The relationship between you and Acquired Data

will be resolved through final and binding individual arbitration.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration will be administered by the American Arbitration Association under its applicable Commercial Arbitration Rules, unless the parties agree otherwise.

The arbitration will:

  • Be conducted by one neutral arbitrator;
  • Be conducted in English;
  • Take place remotely or in Philadelphia County, Pennsylvania;
  • Apply Pennsylvania substantive law, except its conflict-of-law rules;
  • Permit reasonable discovery proportionate to the dispute;
  • Keep confidential information protected where appropriate; and
  • Result in a written reasoned award upon request.

The arbitrator may award relief available under applicable law but may award relief only to the individual party seeking relief.

Judgment on the award may be entered in any court with jurisdiction.

40. Arbitration Exceptions

Either party may:

  • Bring an eligible individual claim in small-claims court;
  • Seek temporary or preliminary injunctive relief to prevent unauthorized access, data theft, security violations, intellectual-property infringement, unauthorized resale, or misuse of confidential information;
  • Seek to compel arbitration; or
  • Enforce an arbitration award.

Seeking temporary injunctive relief does not waive arbitration of the underlying dispute.

41. Class-Action Waiver

ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY.

You and Acquired Data waive the right to:

  • Participate in a class action;
  • Bring a class arbitration;
  • Act as a private attorney general;
  • Participate in a representative action;
  • Consolidate claims belonging to different customers; or
  • Seek relief on behalf of another person.

The arbitrator may not combine claims or preside over a class, collective, consolidated, or representative proceeding.

If the class-action waiver is found unenforceable for a particular claim, that claim must proceed in court and not arbitration, while enforceable claims remain subject to arbitration.

42. Jury-Trial Waiver

For any dispute permitted to proceed in court, each party knowingly and voluntarily waives the right to a trial by jury to the maximum extent permitted by law.

43. Governing Law and Court Venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

For any claim not subject to arbitration, the parties consent to exclusive jurisdiction and venue in:

  • The state courts located in Philadelphia County, Pennsylvania; or
  • The federal court having jurisdiction over Philadelphia County, Pennsylvania.

Each party waives objections based on personal jurisdiction, venue, or inconvenient forum.

44. Time Limit for Claims

To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one year after the event giving rise to the claim.

A claim not filed within that period is permanently barred.

This limitation does not apply where applicable law prohibits contractual shortening of the limitations period.

45. Changes to These Terms

Acquired Data may update these Terms to reflect changes in:

  • The Services;
  • Pricing;
  • Data practices;
  • Technology;
  • Security;
  • Law;
  • Regulations;
  • Business operations; or
  • Risk.

Updated Terms will be posted with a new “Last Updated” date.

For material changes, Acquired Data may provide notice through:

  • Email;
  • An account notification;
  • A platform banner;
  • A checkout disclosure; or
  • Another reasonable method.

Unless otherwise stated, updated Terms take effect when posted.

Continued use after the effective date constitutes acceptance of the updated Terms.

Changes to dispute-resolution provisions will apply only to the extent permitted by law.

46. Electronic Communications

You consent to receive electronic communications from Acquired Data, including:

  • Account notices;
  • Billing notices;
  • Renewal notices;
  • Security notices;
  • Compliance notices;
  • Contract notices;
  • Privacy notices; and
  • Transactional communications.

Electronic notices satisfy any legal requirement that communications be in writing, to the extent permitted by law.

You are responsible for keeping your email address current.

47. Assignment

You may not assign, transfer, delegate, sublicense, or otherwise dispose of your rights or obligations without Acquired Data’s prior written consent.

Acquired Data may assign these Terms in connection with:

  • A merger;
  • Acquisition;
  • Financing;
  • Reorganization;
  • Sale of assets;
  • Corporate restructuring;
  • Affiliate transfer; or
  • Operation of the Services.

Any unauthorized assignment by you is void.

48. Force Majeure

Acquired Data is not responsible for delay, interruption, or failure caused by circumstances beyond its reasonable control, including:

  • Natural disasters;
  • Severe weather;
  • Fire;
  • Flood;
  • War;
  • Terrorism;
  • Civil unrest;
  • Government action;
  • Legal restrictions;
  • Labor disputes;
  • Utility failures;
  • Telecommunications failures;
  • Internet outages;
  • Cyberattacks;
  • Hosting outages;
  • Supplier failures;
  • Public-record outages;
  • Data-source restrictions;
  • Epidemics;
  • Pandemics; or
  • Other force majeure events.

49. No Partnership or Agency

These Terms do not create a:

  • Partnership;
  • Joint venture;
  • Franchise;
  • Employment relationship;
  • Fiduciary relationship;
  • Agency relationship; or
  • Exclusive relationship.

Neither party may bind the other without written authorization.

50. Severability

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain effective.

51. Waiver

A failure to enforce a provision is not a waiver.

A waiver is effective only if it is in writing and signed by an authorized representative of the waiving party.

52. Entire Agreement

These Terms, the Privacy Policy, applicable order forms, checkout disclosures, invoices, and written product-specific terms constitute the entire agreement relating to the Services.

They replace prior oral or written discussions concerning the same subject.

Any customer purchase order or vendor form is for administrative convenience only. Conflicting or additional customer terms do not apply unless expressly accepted in a signed writing by Acquired Data.

53. Order of Precedence

If documents conflict, the following order applies:

  1. A separately signed enterprise, reseller, or data-license agreement;
  2. A signed order form;
  3. Product-specific terms displayed at purchase;
  4. These Terms; and
  5. The Privacy Policy.

54. Survival

Provisions concerning the following survive termination:

  • Payment obligations;
  • Use restrictions;
  • Intellectual property;
  • Confidentiality;
  • Data security;
  • Disclaimers;
  • Limitation of liability;
  • Indemnification;
  • Release;
  • Dispute resolution;
  • Governing law;
  • Claim limitations; and
  • Any provision that by its nature should survive.

55. Contact Information

Questions concerning these Terms may be directed to:

Acquired Data
Legal Entity: Trendtubes LLC
Doing Business As: Acquired Data
Address: 8034 252nd Street, Bellerose, NY 11426
Legal Email: admin@acquiredcrm.com
Billing Email: admin@acquiredcrm.com
Support Email: admin@acquiredcrm.com
Privacy Email: admin@acquiredcrm.com
Website: data.acquiredcrm.com