Terms of Use

1. Acceptance

By accessing or using AudienceBuilder (the “Service”), operated by Startwave Technology Inc., a Delaware corporation (“Company,” “we,” or “us”), you agree to these Terms of Use (“Terms”). If you do not agree, do not use the Service.

2. The Service

AudienceBuilder lets you describe audiences in plain English, compile them into programs, classify records in real time, and unlock reachable B2B contacts subject to metering and payment. Features, limits, and pricing may change as the product evolves.

3. Accounts and access

You must keep credentials secure and are responsible for activity under your account. We may refuse, suspend, or revoke access for abuse, non-payment, or violation of these Terms. Closed beta access may be limited or withdrawn at our discretion.

4. License

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your internal business purposes. You may not resell, sublicense, or provide the Service itself to third parties without our written consent.

5. Data supply and permitted use

Contact and company data made available through the Service (“Data”) is supplied for lawful business use. Subject to these Terms and applicable law, you may use, enrich, and integrate Data into your own workflows, platforms, or customer-facing products.

You assume sole responsibility for storage, use, and onward distribution of Data, including compliance with marketing, privacy, telemarketing, and data-protection rules (including CAN-SPAM, TCPA, CCPA/CPRA, and similar laws where they apply). We do not provide proof that a prior consent covers your outreach.

You shall not use Data to determine creditworthiness or eligibility for credit, insurance, or employment; for credit repair; or in connection with illegal products or services.

6. As-is data; no warranty on deliverability

Data is provided “AS IS” and “AS AVAILABLE.” Data quality decays over time (job changes, company closures, and similar). We make no warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or deliverability after delivery or unlock.

7. Restrictions

You shall not (a) reverse engineer the Service; (b) disrupt its integrity or performance; (c) scrape or extract data outside permitted product features; (d) bypass authentication, metering, or rate limits; (e) submit unlawful or harmful content; or (f) use the Service for competitive benchmarking without our consent.

8. Fees and payment

You agree to pay fees for metered compute and unlocked contacts as shown in the product. Prepaid balances, top-ups, and unlock charges are non-refundable except where required by law. We may suspend access for failed or overdue payment.

9. Intellectual property

We retain all rights in the Service, software, models, and underlying systems. Feedback you provide may be used by us without obligation or compensation.

10. Privacy

Our Privacy Policy describes how we collect and use personal data about you as a customer. For Data you obtain through the Service, you are the controller of your downstream processing.

11. Indemnification

Each party shall indemnify, defend, and hold harmless the other and its affiliates, officers, and employees from claims, losses, damages, liabilities, fines, or expenses (including reasonable legal fees) arising from that party’s use, resale, or distribution of Data, or from that party’s breach of these Terms or applicable law.

12. Limitation of liability

We are not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenues. Our total liability for any claim under these Terms is limited to fees you paid in the twelve (12) months before the claim.

13. Term and termination

These Terms apply while you use the Service. We may suspend or terminate access for violation of these Terms or applicable law. You may stop using the Service at any time. Provisions that by nature should survive (including payment obligations, disclaimers, indemnities, and limitations) will survive termination.

14. Governing law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Disputes shall be resolved in the courts of Delaware.

15. Changes and contact

We may modify these Terms; material changes will be posted here with an updated effective date. Continued use after changes constitutes acceptance. Notices to us: joe@startwave.io.