Terms of Service
THESE TERMS OF SERVICE ("TERMS") GOVERN YOUR USE OF ALL WEBSITES, APPLICATIONS, TOOLS AND DIGITAL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU UNDER THE SIMILARIQ BRAND BY SEAMLESS CONTACTS INC. D/B/A SIMILARIQ ("SIMILARIQ," "US," "WE," OR "OUR"), INCLUDING ANY FUNCTIONALITY, CONTENT, DATA OR SERVICE INCLUDED THEREIN (COLLECTIVELY, THE "SERVICES"). BY ACCESSING OR USING ANY PART OF THE SERVICES OR OTHERWISE ACCEPTING THESE TERMS, YOU AGREE THAT THESE TERMS APPLY AND BECOME BINDING ON YOU AND THE COMPANY THAT EMPLOYS YOU OR THAT YOU REPRESENT (COLLECTIVELY, "YOU") ON THE FIRST DATE YOU ACCESS OR USE ANY PART OF THE SERVICES, WHETHER BY CLICKING A BOX INDICATING ACCEPTANCE OR OTHERWISE USING THE SERVICES. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
IF YOU ARE AN INDIVIDUAL ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERM "YOU" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.
NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THE SERVICES. PLEASE REFER TO SECTION 18 ("ARBITRATION AGREEMENT AND CLASS ACTION WAIVER") FOR MORE INFORMATION.
SIMILARIQ'S COMPETITORS ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES IN ANY WAY, EXCEPT WITH SIMILARIQ'S PRIOR WRITTEN CONSENT.
1. Changes to the Terms and Services
These Terms may be updated periodically and without prior notice to you to reflect updates to our products or offerings. Changes are effective immediately upon posting on our website, and the "Last updated" date above will be revised accordingly. Your continued use of the Services after a change constitutes your agreement to the modified Terms. SimilarIQ may at any time modify any part of the Services, including any functionality or feature, temporarily or permanently, for any reason, with or without notice.
2. Privacy Policy
Our Privacy Policy applies to personal information collected from you through the Services.
3. Minimum Age
You represent that you are at least 18 years of age (or the age of majority in the state in which you reside). The Services are not intended for minors, and you may not use the Services if you are under 18.
4. SimilarIQ Data
The Services make available certain data and information, including company profiles, competitor and look-alike results, similarity scores, and related analytics (collectively, "SimilarIQ Data"). As between you and SimilarIQ, all SimilarIQ Data is the property of SimilarIQ, and SimilarIQ retains all right, title and interest in SimilarIQ Data.
You agree to access, use, disclose, retain and otherwise process SimilarIQ Data only for your internal business purposes, including market research, competitive analysis, and business-to-business ("B2B") development. You may not:
- resell, sublicense, redistribute, or otherwise make SimilarIQ Data available to any third party, except limited excerpts exported for your internal CRM or business systems;
- use SimilarIQ Data to create, train, improve, or populate a product or service that competes with the Services;
- scrape, crawl, harvest, or use automated means to extract SimilarIQ Data or any part of the Services beyond the interfaces and export features we provide;
- remove, obscure, or alter any proprietary notices in the Services or SimilarIQ Data; or
- attempt to derive, reverse engineer, or discover the models, data sources, prompts, scoring methods, or other proprietary technology underlying the Services.
5. Prohibited Uses
You may not use the Services: (a) in violation of any applicable law, rule or regulation; (b) to infringe or violate the rights of any third party; (c) to transmit malicious code or interfere with, disrupt, or place undue burden on the Services or connected networks; (d) to gain unauthorized access to any systems, accounts, or data; (e) to bypass, probe, or test the vulnerability of the Services or any security measures, or to circumvent usage limits, credit metering, or access controls; (f) to build or benchmark a competing product; or (g) to share, resell, or make your account or credentials available to any third party.
6. Subscription Fees, Credits and Billing
- Certain features require a paid subscription or the purchase of usage credits. Fees, plan limits, and current pricing are described at similariq.ai/pricing.
- Subscriptions renew automatically at the end of each billing cycle until cancelled. You may cancel at any time, effective at the end of the then-current cycle. Fees are non-refundable except as required by law or as expressly stated otherwise.
- Credits are consumed when searches or other metered features are used. Plan credits reset each billing cycle and unused plan credits do not roll over. Purchased pay-as-you-go balances remain available until used.
- If auto-refill is enabled on your account, we will automatically charge your payment method on file to top up your balance when it falls below your configured threshold, up to any monthly limit you configure. You may disable auto-refill at any time in your billing settings.
- We may change our fees upon notice; changes apply from your next billing cycle.
- Payments are processed by our third-party payment processor. You authorize us and our processor to charge your payment method for all amounts due.
7. Submitted Data
You may provide information to the Services, such as domains you search, lists you upload, and account information ("Submitted Data"). You retain your rights in Submitted Data. You grant SimilarIQ a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce and process Submitted Data to provide, maintain, secure, and improve the Services. You are solely responsible for Submitted Data and represent that you have all rights necessary to provide it to us and that it complies with applicable law.
8. Intellectual Property
The Services, including all software, models, algorithms, interfaces, designs, text, graphics, logos, and other content (excluding your Submitted Data), are owned by SimilarIQ or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no license or right is granted to you by implication or otherwise. "SimilarIQ" and associated logos are trademarks of Seamless Contacts Inc. You may not use them without our prior written consent.
9. Copyright Infringement Notification (DMCA)
If you believe content available through the Services infringes your copyright, send a notification containing the information required by 17 U.S.C. § 512(c)(3) to the notice address in Section 19 or to legal@seamlessleads.com. We will respond to valid notices, which may include removing or disabling access to the identified material and terminating repeat infringers.
10. Compliance
You will use the Services in compliance with all applicable laws, rules and regulations, including data protection, privacy, export control, and anti-spam laws. You are solely responsible for how you use SimilarIQ Data, including any outreach to companies identified through the Services.
11. Third-Party Services, Links and Features
The Services may interoperate with, link to, or incorporate third-party services, websites, or data (including licensed data providers, payment processing, and authentication providers). We do not control and are not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies.
12. Your Account
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must provide accurate, current information and promptly update it if it changes. Notify us immediately at support@similariq.ai of any unauthorized use of your account.
13. Suspension and Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms, non-payment, suspected fraud or abuse, or risk to the Services or other users. You may stop using the Services and cancel your account at any time from Account Settings. Upon termination, your right to use the Services immediately ceases and remaining credits are forfeited; provisions that by their nature should survive will survive.
14. Warranty Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING ALL SIMILARIQ DATA AND CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES RELATING TO AVAILABILITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR SIMILARIQ DATA. RESULTS ARE GENERATED IN PART BY ARTIFICIAL INTELLIGENCE AND MAY BE INACCURATE, INCOMPLETE, OR OUT OF DATE; THEY ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT ADVICE OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THESE TERMS DO NOT AFFECT STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY WAIVE.
15. Representations and Warranties
You represent, warrant and covenant that: (a) you have the right and authority to enter into these Terms (including on behalf of any employer or company you represent); (b) you have all rights and permissions necessary to lawfully provide Submitted Data to SimilarIQ for the purposes contemplated by these Terms; (c) all Submitted Data has been and will be obtained and shared in compliance with all applicable laws, including any required notices and consents; and (d) your use of the Services will comply with these Terms and all applicable laws.
16. Indemnification
You agree to defend, indemnify and hold SimilarIQ, its affiliates and their respective officers, directors, employees, agents, contractors and business partners harmless from and against any claims, actions, demands, losses, liabilities, fines and costs (including reasonable legal and accounting fees) arising or resulting from: (a) your breach of these Terms; (b) your access to, use or misuse of the Services or any SimilarIQ Data or Submitted Data; (c) your negligence, actions or omissions; (d) your violation or alleged violation of any law, regulation or ordinance; or (e) your violation or alleged violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification at your expense, in which case you agree to cooperate with our defense. These obligations survive these Terms and your use of the Services.
17. Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS REPUTATION, BUSINESS OPPORTUNITIES, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY SIMILARIQ DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN NOTIFIED OF SUCH DAMAGES. IN NO EVENT WILL SIMILARIQ'S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU; IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
18. Arbitration Agreement and Class Action Waiver
A. Mandatory Arbitration
YOU AND SIMILARIQ AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES (EACH, A "DISPUTE") TO BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, WHICH GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT. YOU AND SIMILARIQ WAIVE THE RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO HAVE A DISPUTE HEARD IN COURT. Notwithstanding the foregoing, both parties retain the right to bring an individual action in small claims court (so long as the matter remains in that court on an individual, non-class basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration under the AAA's Consumer Arbitration Rules (or, if those will not apply, the AAA's Commercial Arbitration Rules), and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location; if the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or on written submissions, subject to the arbitrator's discretion. The AAA's rules and filing forms are available at adr.org. If the AAA will not or cannot conduct the arbitration, a court may appoint a substitute arbitrator. The arbitrator decides all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver below.
B. Arbitration Class Action Waiver
You and SimilarIQ agree that arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may only award relief necessary to provide relief to a party to the proceeding. If a court deems any portion of this Section B invalid or unenforceable, Sections A and C of this Arbitration Agreement will be null and void.
C. Fees and Costs in Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
D. Non-Arbitration Class Action and Jury Waiver
You and SimilarIQ agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and SimilarIQ waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor SimilarIQ may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
E. 30-Day Opt-Out
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE DATE YOU FIRST ACCEPT THESE TERMS. The opt-out notice must be postmarked no later than the deadline and mailed to the notice address in Section 19, or emailed to legal@seamlessleads.com, and must state that you do not agree to this Arbitration Agreement and include your name, address, phone number and email address. This procedure is the only way to opt out; failure to comply strictly with this procedure and deadline renders the opt-out null and void. If you opt out, all other parts of these Terms continue to apply.
19. Notice
You may provide notice to SimilarIQ by (i) mail (postage prepaid, return receipt requested), (ii) courier, or (iii) overnight delivery service to:
SimilarIQ
Attention: Legal
Seamless Contacts Inc.
7652 Sawmill Road, Suite 341
Dublin, Ohio 43016
You may contact us by email at legal@seamlessleads.com or support@similariq.ai. SimilarIQ may provide notice to you using the contact information associated with your account, the Services, email, mail, courier, or overnight delivery service.
20. Other Terms
A. Injunctive Relief
You agree and acknowledge that any access, use, disclosure, retention or other processing of SimilarIQ Data in violation of these Terms may cause immediate and irreparable harm to SimilarIQ for which money damages may not constitute an adequate remedy. Therefore, you agree that SimilarIQ may obtain specific performance and injunctive or other equitable relief, in addition to its remedies at law.
B. Choice of Law and Venue
These Terms are governed by the internal substantive laws of the State of Ohio without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Franklin County, Ohio, excluding any Disputes subject to Section 18 (Arbitration Agreement and Class Action Waiver).
C. Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
D. No Waiver
Failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
E. Entire Agreement
Except as expressly agreed to in writing by us, these Terms constitute the entire agreement between the parties with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
F. Headings; References
The section headings are provided merely for convenience and must not be given any legal import. References to SimilarIQ include Seamless Contacts Inc. and its affiliates, subsidiaries, officers, directors, employees, agents, suppliers, and licensors.
G. Assignment
These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. We may assign our rights or obligations without your consent. You may not assign or transfer any rights or obligations under these Terms (or your account) to anyone without our consent, and any assignment or transfer in violation of this section is void.
H. No Third-Party Beneficiary
These Terms do not create any third-party beneficiary rights to any person who is not a party.
I. Survival
Provisions of the Terms relating to limitation of liability, indemnification, venue, choice of law, and any other provisions that by their nature should survive, will survive the termination of these Terms.
J. Logos
Unless you notify us otherwise in writing, you hereby authorize us to use your company's logo, name, or trademark on our website or in marketing.