SAAS LICENSE AND APPEND AGREEMENT

This SAAS LICENSE AND APPEND AGREEMENT (this “Agreement”) is comprised of the terms and conditions set forth below and any order, insertion order, statement of work, or other document that incorporates this Agreement (collectively, an “Order” or “IO”). Together, these documents form the complete and binding agreement between Connecting The Dots LLC, a Nevada limited liability company (“Company”), and the client or customer identified in the applicable Order (“Client”). Company and Client may be referred to herein individually as a “Party” or collectively as the “Parties.”

No signature is required on this Agreement. By executing an Order or IO that references this Agreement, the Client acknowledges and agrees to be bound by the terms herein. The Agreement becomes legally binding as of the date the Order or IO is executed by Client (the “Effective Date”).

  1. Scope

This Agreement governs Client’s purchase or license of data files, data append services, and related deliverables (“Data Files”) from Company. Each Order or IO will specify the type, volume, and applicable fees for the Data Files. If any conflict arises between this Agreement and an Order, the terms of this Agreement shall control.

“Data Files” include information compiled from multiple third-party sources and tools for purposes such as marketing, analytics, or audience identification.

Company reserves the right to change rates or usage limits for any Data Files or services, provided that written notice of such changes is given to Client at least thirty (30) days in advance.

  1. Payment

Client shall pay Company the fees specified in the applicable Order or IO (“Fees”) prior to delivery of any Data Files. Invoices will be issued by the Data Buffet, and payment will be automatically charged to the credit card or ACH account on file on the invoice date each month unless otherwise agreed in writing in advance.

All payments are non-refundable except where expressly stated in an Order or IO. By providing a credit card or ACH authorization, Client agrees that Company may automatically process payments according to this schedule.

  1. Acknowledgement and Disclaimer
  2. Compliance with Laws
    Client acknowledges and agrees that it is solely responsible for ensuring that its use of any Data Files or appended data complies with all applicable federal, state, and local laws, including but not limited to:
  • The Telephone Consumer Protection Act (TCPA) and related FCC regulations;
  • The CAN-SPAM Act;
  • The Fair Credit Reporting Act;
  • The Gramm-Leach-Bliley Act;
  • The Health Insurance Portability and Accountability Act (HIPAA), where applicable; and
  • All other data privacy, consumer protection, and marketing laws and regulations.

Client shall not use any Data Files for unlawful purposes and acknowledges that it bears full responsibility for verifying any required consent before engaging in marketing or outreach activities.

  1. Data Accuracy and Third-Party Sources
    Company compiles Data Files using multiple third-party data providers and append tools. These sources are solely responsible for the data they provide.

Company makes no claim, representation, or warranty—express or implied—that any data provided is accurate, complete, current, or appropriate for any particular use. Data appends may contain errors or outdated information, and Client must independently verify data accuracy and suitability prior to use.

  1. Marketing Use and Consent Requirements
    Company does not represent or warrant that any telephone number or email address contained in the Data Files has been collected with “prior express written consent” as required under the TCPA or with “affirmative consent” under the CAN-SPAM Act.

Accordingly:

  • Client must scrub all phone numbers against the National Do Not Call Registry and verify consent before making calls or sending text messages.
  • Client must obtain affirmative consent before sending any commercial emails.
  • Company expressly disclaims any responsibility or liability for Client’s failure to comply with applicable consent, privacy, or marketing regulations.
  1. Term and Termination

This Agreement shall remain in effect from the Effective Date until completion of all Orders or IOs or earlier termination by either Party upon thirty (30) days’ written notice. Termination shall not relieve Client of any payment obligations accrued prior to termination.

  1. Ownership and License

All Data Files remain the sole property of Company and its data providers. Company grants Client a non-exclusive, non-transferable, limited license to use the Data Files solely for internal business or marketing purposes in accordance with this Agreement. Data Files are non-exclusive and may be licensed to other customers at any time.

Client may not resell, transfer, or redistribute any Data Files, in whole or in part, without Company’s prior written consent.

  1. Confidentiality

Both Parties agree to maintain the confidentiality of all nonpublic information disclosed under this Agreement, using at least the same degree of care used to protect their own confidential information. Confidentiality obligations shall survive termination of this Agreement for five (5) years.

  1. Indemnification

Client shall indemnify, defend, and hold harmless Company and its officers, directors, employees, and affiliates from and against any claims, damages, fines, penalties, or liabilities arising from:

  • Client’s use or misuse of any Data Files;
  • Client’s violation of applicable law; or
  • Any breach of this Agreement by Client.
  1. Limitation of Liability

To the fullest extent permitted by law, Company’s total liability under this Agreement shall not exceed the total fees paid by Client to Company in the three (3) months preceding the event giving rise to the claim.

In no event shall Company be liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, data loss, or business interruption.

  1. Disclaimer of Warranties

All Data Files and services are provided “as is” and “as available.”
Company makes no warranties or guarantees of any kind, whether express or implied, including but not limited to accuracy, completeness, timeliness, merchantability, or fitness for a particular purpose.

Company expressly disclaims any responsibility for the results of marketing, communication, or data-driven activities conducted by Client or third parties.

  1. Data Use Certification

By executing an Order or IO that incorporates this Agreement, Client certifies and acknowledges that it will:

  • Comply with all applicable laws, rules, and regulations, including TCPA, CAN-SPAM, and other relevant consumer privacy or marketing laws.
  • Verify consent before contacting any phone number or email included in the Data Files.
  • Use the Data Files solely for the purposes permitted under this Agreement.
  • Assume full responsibility for any consequences, penalties, or damages resulting from improper use of the Data Files.
  1. Miscellaneous
  2. Independent Contractors. The Parties are independent contractors and not partners, joint venturers, or agents.
    b. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Nevada, without regard to conflict-of-law principles.
    c. Assignment. Neither Party may assign this Agreement without the written consent of the other Party, except in connection with a merger or sale of substantially all assets.
    d. Entire Agreement. This Agreement, together with any Orders or IOs, constitutes the entire understanding between the Parties and supersedes all prior agreements.
    e. Severability. If any provision is found invalid, the remaining provisions shall continue in full force.
    f. Force Majeure. Neither Party shall be liable for delays or failure to perform due to causes beyond its reasonable control.

By executing this Insertion Order, Client acknowledges and agrees to be bound by the Connecting The Dots Data License and Append Agreement, which governs all data purchases and append services. The full agreement is incorporated herein by reference and can be accessed at [CLICK HERE]

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