These terms are an agreement between you and LocalSpect, a Wyoming company ("LocalSpect", "we", "us"). They cover the LocalSpect website and app (the "Service"). By creating an account or using the Service, you accept them. If you accept them for a company, you confirm you're allowed to bind that company, and "you" means the company.
The short version
- LocalSpect is a business tool. It's for finding and researching businesses. It isn't for consumers, and it isn't for contacting private individuals.
- You pay with credits. Each lookup costs credits, and the app shows the cost before you run it. When a lookup finds nothing, you get credits back as the app describes at the time.
- Your outreach is your responsibility. We give you information. How you contact people, and whether that's legal in their country, is up to you.
- Results come from public sources and AI. We say "Not found" rather than guess, but we can't promise every result is right.
- Your lists and questions stay yours. We use them only to run the Service for you, and we don't let AI providers train on them.
1. Your account
- You must be at least 18 and use the Service for business purposes.
- Give us accurate details and keep your login safe. You're responsible for everything done through your account and your workspace, including by teammates you invite, and for their following these terms.
- Tell us straight away at [email protected] if you think your account or password has been compromised.
2. The Service
- While your account is active, you may use the Service for your own internal business purposes, under these terms.
- We improve the Service all the time and may change or remove features. We won't materially reduce what a paid plan includes during a period you've already paid for.
- Features marked beta or preview are experimental. They're provided as they are, and we may change or remove them at any time.
- We provide support by email.
3. Plans, credits and payment
- Plans and credit packs are billed through Stripe at the prices shown when you buy. Prices exclude taxes, which you pay where they apply, except taxes on our own income.
- Subscriptions renew automatically until you cancel. You can cancel at any time. The cancellation takes effect at the end of the current billing period.
- Credits are used up when a lookup runs. When the app says a lookup that finds nothing is refunded, those credits go back to your balance.
- Credits have no cash value and can't be transferred. Unused credits don't expire while your account is open.
- If you think a charge is wrong, tell us within 30 days of it. We'll work with you in good faith to sort it out.
- Apart from the credit refunds above, payments are non-refundable, except where the law says otherwise or these terms give a prorated refund. Our refund policy sets these rules out in one place.
4. Acceptable use
You may not, and may not let anyone else:
- use the Service, or data from it, to contact consumers, or to send messages that break anti-spam, telemarketing, privacy or marketing consent laws in the recipient's country;
- use data from the Service to harass anyone, to discriminate, or to make decisions about individuals' employment, credit, insurance or housing;
- resell, sublicense or share access to the Service, or publish data from it as a database or data product of its own;
- use the Service to build a competing product;
- scrape, crawl or bulk-download the Service other than through features we provide, such as export;
- reverse engineer the Service, get around credit charges, usage limits or security measures, or test its security without our written permission;
- access accounts or data you're not authorized to, or interfere with the Service's operation;
- use the Service where its failure could lead to death, injury or environmental damage;
- put into the Service health records, payment card or bank account numbers, government ID numbers, or other sensitive categories of personal data, for example in the questions you ask;
- upload anything unlawful, or anything you don't have the rights to.
5. Data you get from LocalSpect
- Results are compiled from public sources and processed with AI. They can be incomplete, out of date or wrong. AI features aren't human and don't replace your own judgment. Check anything important before you rely on it.
- You may use results for your own internal sales and marketing, under these terms and the law.
- LocalSpect covers businesses around the world. You're responsible for following the outreach and data protection laws of every country you sell into.
- When you export personal data, such as a decision maker's name and work email, you become responsible for it under data protection law. That includes having a lawful basis to contact the person, honoring opt-outs, and deleting their data when they ask.
- If someone asks us to remove their data, we may ask you to delete copies you exported.
6. Your content
Your markets, questions, agents, lists and messages to the assistant ("Your Content") stay yours. You give us permission to store and process Your Content only to run and maintain the Service for you. We don't sell it, and we don't let AI providers train their models on it. You're responsible for Your Content and confirm you have the right to put it into the Service.
We may collect data about how the Service is used and performs, and use it to run and improve the Service. We only share it with others in aggregated form that doesn't identify you or your users.
7. Privacy
Our privacy policy explains how we handle personal data. Where we process personal data on your behalf, our data processing agreement applies and is part of these terms. If the two conflict on personal data, the data processing agreement wins.
8. Confidentiality
- Each side may share non-public information with the other: for you, Your Content; for us, non-public details about the Service. The side that receives it will use it only for this agreement, won't disclose it, and will protect it at least as carefully as its own similar information.
- It may share it with employees, contractors and advisors who need it and are bound by similar confidentiality duties, and stays responsible for them.
- This doesn't cover information that is or becomes public through no fault of the receiving side, that it already knew or got from someone else without a duty of confidentiality, or that it developed independently.
- If the law requires disclosure, the receiving side may disclose what's required. Where the law allows, it gives the other side notice first.
9. Suspension
We may suspend your access if a payment is more than 30 days overdue, if you break section 4, or if your use harms the Service or others. Where we reasonably can, we tell you first. We restore access once the problem is fixed.
10. Ending the agreement
- You can stop using the Service and delete your account at any time from your profile.
- Either side may end the agreement if the other seriously breaks it and doesn't fix it within 30 days of notice, straight away if the breach can't be fixed, or if the other side becomes insolvent or stops doing business.
- When the agreement ends, your right to use the Service stops, we delete your account data as described in the privacy policy, and each side returns or deletes the other's confidential information, apart from routine backups and what the law requires us to keep.
- If an event outside our control, such as a natural disaster, war or major internet outage, stops the Service from working for 30 days in a row, either side may end a paid plan, and we refund the unused part of what you prepaid.
- Sections that by their nature should survive keep applying, including 4, 5, 8, 11, 12, 13 and 15.
11. Warranties
Each side confirms that it has the authority to enter into this agreement and will follow the laws that apply to it. You confirm that you have the rights needed to put Your Content into the Service.
Apart from that, and as far as the law allows, the Service is provided "as is" and "as available". We don't promise that it will be uninterrupted, secure or error-free, or that results will be accurate or complete. Both sides disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of liability
- As far as the law allows, neither side is liable for lost profits or revenue, or for indirect, consequential, special, punitive or incidental damages.
- Each side's total liability for all claims under this agreement is limited to the fees you paid or owed us in the 12 months before the claim.
- For a breach of section 7 or 8 (privacy and confidentiality), the limit is twice that amount, and the first point above doesn't apply.
- These limits apply however the claim arises, including negligence, and don't limit liability that can't be limited by law, such as for fraud.
13. Protection against third-party claims
- We protect you: if someone claims that the Service, used as these terms allow, infringes their intellectual property, we'll defend you and pay the resulting damages, settlements and reasonable legal costs. We may instead get you the right to keep using it, change it so it doesn't infringe, or end the affected plan and refund the unused part of what you prepaid. This doesn't apply to claims caused by your changes, your misuse, or combining the Service with things we didn't provide.
- You protect us: if someone makes a claim against us because of Your Content, your breach of section 4 or 5, or how you used data from the Service, for example outreach that broke the law, you'll defend us and pay the resulting damages, settlements and reasonable legal costs.
- The side asking for protection must tell the other side promptly, let it control the defense and settlement, and help at its cost. No settlement may admit fault for the protected side without its consent.
14. Changes to these terms
We may update these terms. If a change matters, we email account holders at least 30 days before it takes effect. If you keep using the Service after that, you accept the new terms.
15. General
- Governing law. Wyoming law governs these terms, without regard to its conflict of laws rules. Disputes go exclusively to the state and federal courts located in Wyoming. This doesn't take away rights you have under mandatory law where you are. Either side may seek urgent court orders anywhere to protect its confidential information or intellectual property.
- Transfer. Neither side may transfer this agreement without the other's consent, except to a successor in a merger, reorganization or sale of its business, with notice.
- Events outside our control. Neither side is responsible for delays caused by events outside its reasonable control, but these don't excuse paying fees already owed.
- Sanctions. You may not use the Service in breach of US or other applicable export control or sanctions laws, and you confirm you're not in an embargoed country or on a sanctions list. We may end the agreement straight away where these laws require it.
- Anti-bribery. Neither side will offer or accept bribes in connection with this agreement.
- Notices. We send notices to your account email. You send them to [email protected].
- Whole agreement. These terms, with the privacy policy and data processing agreement, are the whole agreement between us about the Service. Terms in your purchase orders or vendor portals don't apply. If a court finds part of these terms unenforceable, the rest still applies. Not enforcing a right isn't a waiver of it.
- Relationship. The two sides are independent. Neither is the other's agent or partner, and there are no third-party beneficiaries.
16. Contact
LocalSpect, a Wyoming company. Email [email protected].
These terms are based in part on the Common Paper Cloud Service Agreement Standard Terms Version 2.1, free to use under CC BY 4.0.