Datalara Terms & Conditions

Welcome to Datalara

Welcome to the FirmCloud and Datalara websites (collectively, "Sites")! This User Agreement (this "Agreement") describes your rights and responsibilities when using any of the Sites or any current and future services, products, information, applications, APIs and/or data provided by Us on the Sites (collectively, "Services") or downloading, installing or using Our iPhone or Android applications (the "Applications") or software (collectively, the "Services"). Please read them carefully. "We", "Our" and "Us" currently refers to FirmCloud Corporation.

This Agreement forms a binding contract between you and Us and you must agree to this Agreement to use the Services. BY USING THIS SITE OR BY CLICKING THE CHECK BOX INDICATING THAT YOU ACCEPT THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THE TERMS OF THIS AGREEMENT.

Using the Services and Materials — FOR BUSINESS USE ONLY

We grant you a limited, individual, non-exclusive, non-transferable and completely revocable license to use the Services and Materials, subject to your compliance with the terms of this Agreement. Services which require registration must be used solely by the non-consumer institutional end-user named during the registration process for your own internal business use.

Salesforce Platform, API Use & Service Terms

The Services are delivered as a managed package that operates within Salesforce, a third-party platform We do not control. Your access to and use of Salesforce, the Salesforce AppExchange and any related platform services are governed by Your own agreements with Salesforce, and We are not responsible or liable for the Salesforce platform, its availability, or any acts or omissions of Salesforce.

You are responsible for Your Salesforce org configuration, Your field mapping, and for safeguarding the named credential, password and any API credentials used to access the Services. You are responsible for all activity that occurs through Your credentials, and You must notify Us promptly of any unauthorized use.

You may access the Services only through the package and credentials We provide. You may not attempt to access the Services by any other means, exceed or circumvent the lookup volume licensed to You, interfere with or place undue load on the Services, or reverse engineer, decompile or disassemble any part of the Services or any API provided by Us.

We retain all right, title and interest in and to the Services, including all software, APIs, content, and trademarks. Except for the limited, revocable license expressly granted in this Agreement, no rights are granted to You. We may suspend or terminate the Services, or Your access to them, for any breach of this Agreement or for non-payment. Upon termination, the license granted to You ends and Your access to the Services and any remaining lookups ceases.

Activities That Are Not Allowed

Unauthorized use of the Services may result in the violation of various United States and international copyright laws or other laws. You are not authorized to use the Services in any of the following ways:

• To stalk, harass, or harm another individual
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
• Use the Services as a factor in establishing an individual's eligibility for credit, insurance, or employment
• To use any data mining, scraping, robots, or similar data gathering methods in connection with this Site
• Share the Services with any end user, parent, subsidiary, affiliate or other third party
• Disclose, reproduce, publish, sell, transmit, distribute, or redistribute any portion of the Services
• Use the Services to create, enhance or structure any database for resale or distribution
• Use the Services to create derivative products
• Copy, modify, adapt any API provided by Us or reverse engineer any source code

When using the Services, you must comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and the CAN-SPAM Act.

Permissible Use & FCRA Compliance

WE ARE NOT A CONSUMER REPORTING AGENCY, AND THE SERVICES AND MATERIALS ARE NOT A "CONSUMER REPORT" AS DEFINED BY THE FAIR CREDIT REPORTING ACT (FCRA), 15 U.S.C. § 1681 ET SEQ.

You may not use the Services or Materials, in whole or in part, as a factor in establishing an individual's eligibility for credit, insurance, employment, housing or tenant screening, or for any other purpose permissible under the FCRA. You may not use the Services for any purpose that would require Us, or the Services, to comply with the FCRA.

Property and owner data made available through the Services may originate from public and government records and other sources subject to laws governing the permissible use of personal information, including the Driver's Privacy Protection Act (DPPA) and the Gramm-Leach-Bliley Act (GLBA). You may use such data only for legitimate internal business purposes consistent with applicable law. You are solely responsible for ensuring that Your use of the Services and Materials complies with all applicable data-use, privacy and consumer-protection laws.

We Do Not Offer Personal or Professional Advice

These Sites and the Materials contained on this Site are available just for the purpose of providing general information on properties, property owners, property occupants, and other related issues. You should not rely on these Sites as a replacement or substitute for any professional, financial, legal or other advice or counsel.

Third-Party Data Sources & Accuracy

The property data made available through the Services is aggregated from third-party data providers and from public and government records. We do not originate this data and We do not independently verify it. We make no representation or warranty as to the accuracy, completeness, currency, or availability of any data field, and coverage varies by property and by jurisdiction. Some properties may return partial data or no data, and a "not found" result is a valid response that still reflects use of the Services.

Any valuations, equity, loan-to-value, rental, and similar estimates provided through the Services are automated, algorithmic estimates only. They are not appraisals, are not a guarantee of value or condition, and are not a substitute for a licensed appraisal or professional judgment. You are responsible for independently verifying any data before relying on it for any decision.

Subscription Terms

By registering for an account with Us, you become a "Subscriber" with access to certain password-restricted areas of the Site and certain Services and Materials. Each Subscription is personal and non-transferable.

UPON COMPLETION OF THE INITIAL TERM, AND UNLESS CANCELED BY YOU PRIOR TO COMPLETION, YOUR ACCOUNT WILL AUTOMATICALLY RENEW WITHOUT NOTICE FOR A TERM EQUAL TO THE INITIAL TERM.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME by emailing a cancellation request to [email protected].

Credits & Billing

The Services are provided on a subscription basis. Each plan includes a set number of property lookups, and one lookup is consumed for each property request submitted through the Services. Unused lookups roll over while Your subscription is active and in good standing. Lookups have no cash value and are forfeited upon expiration or termination of Your subscription.

Additional or bulk lookup packages may be purchased. Pricing for subscriptions and additional packages is as displayed at the time of purchase and is subject to change. Billing is handled by a third-party payment processor, and by subscribing You authorize recurring charges to Your payment method in accordance with Your plan and the automatic renewal terms above.

Except where required by applicable law, all fees are non-refundable. Any change to fees will apply to subsequent renewal terms. We may suspend or limit Your access to the Services for non-payment.

Privacy Policy

We respect the information that you provide to Us. Please review Our Privacy Policy which explains how We use the information you provide to Us.

Disclaimer of Warranties

WE AND OUR SUPPLIERS PROVIDE THE SITES, THE SERVICES, ANY MATERIALS OR OTHER INFORMATION "AS IS," "WITH ALL FAULTS AND DEFECTS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY.

Limitation of Liability

IN NO EVENT WILL WE OR ANY SUPPLIER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF SERVICES.

IN NO EVENT SHALL OUR TOTAL, AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU IN THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to fully indemnify and hold Us and any of its officers, directors, employees, affiliates, agents, licensors, business partners or suppliers harmless from and against any and all claims, liabilities, costs, damages and expenses arising out of or relating to your use of the Sites and/or the Services.

Contact

For questions about these Terms, contact us at [email protected].