TERMS OF SERVICE

Last updated October 9, 2025

AGREEMENT TO OUR LEGAL TERMS

We are ListKit, LLC ("Company," "we," "us," "our", “ListKit”), a company registered in Delaware.

We operate the website ListKit.io (the "Site"), as well as any other related products and services (collectively, the "Services") that refer or link to these legal terms (the “Terms of Service”, “Terms”, or "Legal Terms").

We provide users (herein referred to as “You”, “Your”, “User”, “Users” or “Customers”) with Services to access to a self-serve database where they can search and export verified data of business prospects in their target market for sales and marketing purposes.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and ListKit, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

a. User Responsibilities and Acknowledgements. You acknowledge and agree that you are solely responsible and liable for your use of any data obtained through our Services and any communications, if any, made in connection with your use of the data. In some countries, U.S. states or other jurisdictions, you may be required to obtain consent, provide notice or complete some other action in order to lawfully conduct certain types of marketing activities or processing of personal information. You understand that we have not provided any notice nor obtained any rights or consents on your behalf. To the extent that any law or regulation may require that you provide notice, obtain consent, or complete some other action in order to lawfully market to any person or process their personal information, you represent and warrant that you shall obtain such notices or consents or otherwise complete such action on your own behalf.

By using our Services, you agree to comply with all applicable laws, and you are solely responsible for your own understanding of, and compliance with, all applicable laws. We make no representation regarding what an applicable law might or might not require.

b. Beta/Limited Release Services. From time to time, we may offer you access to Beta or Limited Release Services (“Beta Services”), which are optional for you to use. Any Beta Services are not made generally available and may contain bugs, errors, defects, or harmful components. Beta Services may be subject to additional terms which may supplement, but not supersede, the terms of these Terms of Service. We may terminate access to Beta or Limited Release Services at any time without notice and may discontinue Beta Services at any time in our sole discretion. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETA SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY COMMITMENTS, INDEMNITY OR WARRANTY BY LISTKIT OF ANY KIND AND LISTKIT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR HARM ARISING FROM OR RELATED TO BETA SERVICES.

c. Credits. All credits purchased or obtained by you in connection with your use of our Services are subject to any rules and restrictions in the Legal Terms (the “Credits”). Additional restrictions may be placed on the use of Credits at any time without notice. From time to time, we may provide additional terms, restrictions, or features based on your subscription tier that may affect the use of Credits, which are incorporated into these Legal Terms. Credits may not be resold or transferred. You also agree not to re-sell any data you obtain from using Credits with our Services. Credits cannot be converted and are only valid for the purchased purpose. Credits expire at the end of your billing cycle or 30 days from purchase, whichever is later, and must be redeemed before expiration, except as stated in Section 32. You forfeit all unused or expired credits at the end of your billing cycle or 30 days from purchase, whichever is later, and any unused Credits will not be refunded. For unpaid accounts, credits expire at the end of each monthly term, or 30 days from issuance, whichever is later. Please do not purchase Credits if you are not able to use them prior to their expiration date, as no refunds or extensions will be given.

We reserve the right to change how Credits can be redeemed, utilized, and credited, such as the necessary quantity of Credits to access certain data from our Services or the number of Credits a subscription tier provides, at any time without notice.

d. Sales, Promotions, and Offers. From time to time, we may offer specials, sales, promotions, or offers (collectively the “Promotion”) for our Services. A Promotion is only available for a limited time, and once this time period expires, you will no longer be eligible for the Promotion. In addition to these Legal Terms, there may be additional terms and conditions applicable to a Promotion, which you are agreeing to by opting in, signing up for, or purchasing a Promotion. You are responsible for reviewing all applicable terms and conditions pertaining to a Promotion. We have the right to modify, end, or cancel any Promotion at any time without notice.

e. Intent Data and Intent Data Topics Fair Use Policy. As a Promotion, as specified above, we may provide Users the ability to access leads or data specific to certain intent data or intent data topics (collectively the “Intent Data Topics”). In order for you to access Intent Data Topics and a Promotion such as Unlimited Intent Data (the “Offer”), you are agreeing to the following Fair Use Policy, as outlined herein, including any additional terms and conditions specific to a Promotion or the Offer.

A User is limited to selecting and accessing a certain number of Intent Data Topics, as specified in the plan, subscription, or Promotion a User selects, that are relevant to their business, service/product, or industry. A User may not change their selected Intent Data Topics for any reason. We are not responsible for any errors made by a User in the selection process. Additionally, a User may not share their login to their ListKit account or allow any other party to access their ListKit account. Any sharing or reselling of any data related to the Intent Data or Intent Data Topics is strongly prohibited.

Any violation of these terms shall constitute the suspension of a User’s account and a potential lifetime ban from accessing our Services. In addition, any User who violates these terms shall be invoiced at the then current price per Credit for any exports of Intent Data Topic that violate these terms. We will issue an invoice to the email on file, and you will have fourteen (14) days to complete payment. If you feel you did not violate any of these terms, you may submit an appeal to hello@listkit.io within seven (7) days from the notice of a violation with evidence supporting your appeal. Our decision on an appeal shall be final.

f. Inactivity. For non-paying Users or Users on a no cost plan, if there is no activity in your account for six (6) months or more, ListKit reserves the right to deactivate your account, delete data from your account and/or restrict access to certain functionality in your account, at ListKit's sole discretion.

g. Changes to the Services. We may change the features and functionality of the Services at any time. This may include adding, modifying or removing any features or functionality of the Services or altering the amount of data access, database access, or other access we provide. The Terms of Service will apply to any changed version of the Services. We may also suspend or stop the Services altogether, including within certain regions as necessary that may create risk for ListKit, our Users, or other third parties.. In addition, we may impose or alter fees for new or existing aspects of the Services, including updating our credit conversion policies at any time.

h. Subscriptions or customized Services. We may provide the Services through paid accounts, such as by offering a monthly or annual subscription, or through customized provision of Services and payment terms (as further set forth under a separate agreement). If you wish to enter into such an agreement, please contact us at hello@listkit.io.

i. Paid and unpaid self-serve accounts. The Services may also be offered as a paid or unpaid account on a “self-serve” basis, in which case you will have the opportunity to click-through these Terms and select the aspects of the Service you want to use, including an number of credits that can be used toward the Services. You may not open multiple accounts for your use under a self-serve offering or otherwise take any actions which would allow you to circumvent the credit or rate limits which apply to self-serve offerings. Should we discover you doing so, we may in our sole discretion terminate your account immediately, with no right to refund or reinstatement.

j. Marketing of campaign results. From time to time, we may use anonymized statistics or campaign results obtained by our Users with our Services for marketing purposes. By using our Services, you agree to our use of any campaign results, statistics, and data available to ListKit in an anonymized form.

2. INTELLECTUAL PROPERTY RIGHTS

a. Our intellectual property. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, data, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

Subject to your compliance with these Legal Terms, you are granted a non-exclusive, revocable, non-assignable and non-sublicensable license, throughout the term of your subscription to: (i) use the Service solely for your personal and/or internal business purposes; and (ii) store, print or make a copy of data gained from the redemption of credits solely for your personal or internal business purposes. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

b. Your use of our Services. Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@listkit.io. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We welcome your reviews and feedback. By sending us reviews or feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the reviews, feedback, and ideas generated from the reviews and feedback without any restrictions, attribution, or compensation to you.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Copyright infringement. We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please contact us at hello@listkit.io.

3. OWNERSHIP OF USER SUBMITTED DATA; OUR LICENSE TO USE AND SHARE THE USER SUBMITTED DATA

During the use of our Services, you may be provided an option to upload data from documents such as a CSV, input data manually, or connect data from your customer relationship management system (herein the “User Submitted Data”). The User Submitted Data includes all data, information, text, recordings, and other content and materials that are collected, submitted, provided, or otherwise transmitted or stored by you in connection with your use of our Services. Submitted Data may vary depending on the products or features used as well as your particular use of such products or features.

a. Ownership. As between you and us, all right, title and interest in and to User Submitted Data is owned by you. We do not claim ownership of any data that you upload to ListKit.

b. The Licenses You Grant To Us. You agree to and hereby do grant us a license to:

  1. Host, access, copy, use, transfer, and process the User Submitted Data for the purpose of providing, developing and improving the Services and supporting you under these Legal Terms.
  2. Analyze User Submitted Data, including through the use of techniques such as machine learning, in order to provide, develop and improve the Services. For the avoidance of doubt, you retain all ownership of User Submitted Data and we retain all ownership in and to all system performance data, machine learning algorithms, and aggregated results of such machine learning.
  3. Use the User Submitted Data in order to grow, enrich and verify the data included in our database; provided that we will not publicly refer to or associate you with any such User Submitted Data.
  4. Use, share, sublicense, display, copy, publish and distribute the User Submitted Data in aggregated, de-identified form for any purpose, in any medium.

The foregoing license grants to us shall be worldwide, non-exclusive, irrevocable, perpetual and royalty-free. We shall have the right to sublicense, assign, or transfer such licenses at our discretion.

c. The Representations You Make To Us. You represent and warrant that:

  1. You have all necessary rights, permissions, and authority to provide and license the User Submitted Data to us (in whole and in part) for our use as described hereunder, and that doing so will not put you in violation of any contracts you have signed or any laws.
  2. The User Submitted Data is true, accurate, and of living persons and does not contain any sensitive information or sensitive personal information, including any information about individuals under the age of 18.
  3. Providing the User Submitted Data to us does not violate the U.S. HIPAA law: for instance, it is not (in whole or in part) a list of hospital or doctor's patients, or a similar dataset consisting of patients or clients of an entity subject to HIPAA (this might include, for instance, a doctor, dentist, chiropractor, acupuncturist, pharmacist or other health professional). Similarly, you agree not to provide us with User Submitted Data consisting of a list of clients of an entity covered by the GLBA, which applies to many types of financial institutions including banks, hedge funds, investment advisers and insurance companies.
  4. You don’t have any obligation to add User Submitted Data to ListKit. If you choose to add or upload content to ListKit’s Services, you are responsible for ensuring that you have the right to do so, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation, and (8) all other items and responsibilities listed in this Section 4.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

a. Account security. You are solely responsible for maintaining the confidentiality of your account information, including username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

b. Account information accuracy. You must always provide accurate information to us and maintain the accuracy of the information associated with your account. We may assume that any communications we’ve received from your account, or the associated contact information have been made by you, and that any purchases made using your account were made by you.

c. Responsibility for your use of our Services. You acknowledge and agree that you are solely responsible and liable for your use of our Services and any communications made in connection with your use of the Services.

d. Notice and consent. You acknowledge that in some countries, U.S. states or other jurisdictions, you may be required to obtain consent, provide notice or complete some other action in order to lawfully conduct certain types of marketing activities or processing of personal information. You understand that we have not provided any notices nor obtained any rights or consents on your behalf. Therefore, to the extent that any law or regulation may require that you provide notice, obtain consent or complete some other action in order to lawfully market to any person or process their personal information, you represent and warrant that you shall obtain such notices or consents or otherwise complete such action on your own behalf.

e. Legal bases for processing. In connection with the Services, you may access, receive or otherwise process data from our database which is subject to various privacy and security laws governing personal information such as the UK/EU GDPR. If you do so, you agree that you will only access, use or otherwise process such data: ‍

  1. Pursuant to explicit consent from the data subject of the data, sufficient to comply with the consent requirements of applicable laws, or
  2. Pursuant to any other legal basis (or substantively similar term) for processing under applicable law. For example, in accordance with the EU/UK GDPR, you may use data for purposes that you have established are necessary to pursue your legitimate interests under the EU/UK GDPR, such as use of the data in order to perform reasonable and actual data validation or hygiene or updating of your own legally obtained customer database.

f. Compliance with law. You shall comply with all laws applicable to your use of the Services. Notwithstanding anything herein (including any permissions granted by us herein), you are solely responsible for your own understanding of, and compliance with, all applicable laws. We make no representation (and you should not rely on any representation by us) regarding what applicable law might or might not require (including with respect to data subject notices, consents and permissions).

5. USER REGISTRATION

You will need to sign up for an account in order to access our Services, including to receive data such as content or materials included in our database or otherwise made available to you through our Services. You must only provide information that is your own and accurate. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. All payments are nonrefundable, and you have no right to refunds or credits for partially used Services.

You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

From time to time, we may not charge you a fee to use the basic functionality of our Services, but you may be able to pay for additional features, usage and products. If you do agree to pay for additional features, usage or products you agree to pay your invoice on-time. All ListKit accounts are on a subscription basis; the subscription will renew unless canceled before the renewal date as provided in your account. Subscription renewals happen with ListKit’s most up-to-date pricing unless otherwise stated.

If a payment transaction is declined or fails for any reason, you agree to remedy the past due payment within seven (7) days of such decline or failure occurring by addressing the issue with your financial institution or providing another form of payment. We will make reasonable attempts to process the payment for a period of seven (7) days from the initial failure. Failure to remedy payment within seven (7) days will result in automatic cancellation of any and all credits, subscriptions, and any other Services associated with your account. Upon cancellation, you will lose access to your account and any associated data and credits will be deleted. Once an account and any associated data are deleted, we are unable to undo this action. It is essential to ensure the timely and successful processing of payments to maintain your subscription and retain access to your account data and credits. To change the payment method on file, reach out to our support team via live chat or by email at hello@listkit.io and they will provide you with a link to securely update your payment information.

7. REFUND POLICY

ListKit does not provide refunds for any reason. You have no right to refunds or credits for unused or partially used Services. All payments made to ListKit are final and nonrefundable.

8. CANCELLATION

You have the flexibility to cancel your subscription by contacting our support team via the support channel or by email at hello@listkit.io. When contacting support to cancel, please specify all subscriptions and any applicable add-ons you want to cancel. Your cancellation will become effective at the conclusion of the current paid term. If you find our Services unsatisfactory, we encourage you to share your feedback with us at hello@listkit.io.

9. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

10. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Restrictions on the use of Services: You may not use our Services:

  1. in a manner that violates any applicable laws (including, without limitation any marketing or data privacy and security laws) or industry best practices or that would cause us to violate applicable law. You agree not to use the Services in a manner that would violate the U.S.CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation (CASL), the U.S. TCPA, the Telemarketing Sales Rules, GDPR, or any similar such laws.
  2. to advertise or promote any illegal service or product that are illegal in the place offered or consumed.
  3. to defraud, deceive, mislead, discriminate against, harass, libel or defame any person, group or entity.
  4. to violate or promote any violation of any person’s or entity’s intellectual property rights.
  5. to threaten, promote or commit violence or fraud, or to violate any person’s or entity’s rights.

11. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. THIRD-PARTY PRODUCTS

You may procure and use third-party products in connection with the Services. You acknowledge and agree that if you view, access or otherwise interact with third-party products, you do so at your own risk and we have no liability arising from such access or use. You are responsible for complying with all terms, conditions and policies imposed by a provider of a third-party product. We cannot guarantee the continued availability of integrations of third-party products with the Services and may cease providing interoperation with a third-party product without entitling you to any refund, credit, or other compensation, if, for example and without limitation, the provider of a third-party product ceases to make the third-party product available for interoperation with the Services in a manner acceptable to us.

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

In the event you are aware of or suspect a violation of these restrictions and policies, please notify us at hello@listkit.io. We will determine compliance with restrictions at our sole discretion. In the event that we confirm or reasonably suspect that a User has failed to comply with these Legal Terms or have otherwise used the Services in an abusive or fraudulent manner or in a manner intended to circumvent our stated policies or rules, we may immediately terminate a User’s access to the Services, and, upon our written demand, the User shall cease all use of the Service.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. If you reside in California or another state with data privacy laws, please review our Privacy Statement for further information. By using the Services, you agree to be bound by our Privacy Policy and Privacy Statement, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

16. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

17. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSONFOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating anew account under your name, a fake or borrowed name, or the name of any third party, even if you maybe acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. You are able to stop using our Services at any time for any reason.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or released in connection therewith.

19. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law principles. User and ListKit both agrees to submit to the personal jurisdiction of the courts located within Delaware, for the purpose of litigating all such claims or disputes that are not subject to arbitration.

20. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms and our Services (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. To commence this procedure, you agree to contact us at hello@listkit.io and provide a written description of the Dispute (including your name, your complaint, and how you’d like to resolve it) along with the email address or phone number associated with your account. You must engage in this informal resolution process before starting any formal dispute resolution.

b. Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted by a single arbitrator, governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA”), available at https://www.adr.org/active-rules.

If the amount in controversy does not exceed $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and ListKit submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which may be in-person, videoconference, or telephone conference.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

c. Arbitration Fees. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hillsborough County, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

d. Settlement Offer. At least 14 days before the date set for an arbitration hearing, any party may serve a settlement offer in writing upon the other party to allow judgment on specified terms. If the settlement offer made by the offering party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover its post-offer costs and will pay the offering party’s costs from the time of the offer.

e. Arbitrator Decision. The decision of the arbitrator will be in writing and binding on you and ListKit, and judgment to enforce the decision may be entered by any court of competent jurisdiction. You and ListKit agree that dispositive motions will be allowed in the arbitration. Except as explicitly set forth in this arbitration section, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these terms of service, including, but not limited to any claim that all or any part of these terms of service are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of AAA or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator must follow these terms and can award the same damages and relief as a court. The arbitrator has the right to impose sanctions in accordance with the AAA Rules and procedures for any frivolous claims, improper claims, or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Section or claims filed on behalf of a claimant who is not party to this agreement. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

f. Class Action Waiver. The parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action, seek relief on a class basis, or join or serve as a member of a class action. YOU AND LISTKIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If for any reason the proper decisionmaker determines that the waiver of class and representative actions set forth in this paragraph is void or unenforceable or that an arbitration can proceed on a class or representative basis, then section 19(b) shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

g. 30-Day Right to Opt Out. You have the right to opt out and not be bound by this version of this section by sending written notice of your decision to opt out to hello@listkit.io with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the first date that you agree to any version of these Terms of Service that contains this version of section. If you do not opt out, you will be bound to arbitrate disputes in accordance with the terms of this section. You have the right to consult with counsel of your choice concerning this section. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this section. If you opt out of section, we also will not be bound by it in disputes with you.

h. Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

You or ListKit may still pursue claims, if they qualify, in small claims court in Delaware, or any U.S. county where you live or work. The small claims court, and not any arbitrator or AAA, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court.

i. Survival. This section shall survive any termination of these Legal Terms.

21. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES ‘CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TOOR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Submitted Data; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. CONFIDENTIALITY

a. Confidential Information. From time to time under these Legal Terms, either Party (the “Disclosing Party”) may disclose or make available to the other Party (the “Receiving Party”), non-public, proprietary, or confidential information of Disclosing Party that is clearly designated by Disclosing Party as confidential or which Receiving Party should reasonably understand Disclosing Party would expect to be treated as confidential (collectively “Confidential Information”); provided, however, that Confidential Information does not include any information that: (i) is or becomes lawfully and generally available to the public other than as a result of Receiving Party’s breach of this section or any other duty or obligation of confidentiality owed to the other Party, (ii) is or becomes available to Receiving Party on a non-confidential basis from a third-party source, provided that such third-party is not and was not prohibited from disclosing such Confidential Information, (iii) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder as evidenced by its records, or (iv) was or is independently developed by Receiving Party without using any Confidential Information. Without limitation, all data and our database is ListKit’s Confidential Data.

b. Obligations. Receiving Party will: (i) protect and safeguard the confidentiality of Disclosing Party’s Confidential Information with at least the same degree of care as Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, (ii) not use Disclosing Party’s Confidential Information, or permit it to be used, for any purpose other than to exercise its rights or perform its obligations under these Terms, and (iii) not disclose any such Confidential Information to any person or entity, except to Receiving Party’s employees, agents, contractors, attorneys or representatives (“Representatives”) acting in the course of their obligations and rights hereunder.

c. Required Disclosure. If Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it will, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy and Receiving Party must only disclose or furnish that portion of Confidential Information as such Receiving Party or the applicable Representative is legally obligated or compelled to so produce or disclose.

d. Return or Destruction. At the Disclosing Party’s request, the Receiving Party will return or destroy any Confidential Information Receiving Party obtained from the Disclosing Party. However, nothing contained herein will be construed to prohibit Receiving Party from retaining electronic information maintained in compliance with its digital data retention and automated backup procedures provided that; such Confidential Information will remain subject to the confidentiality obligations set forth herein.

e. Remedies. In the event of a breach of this section, the Receiving Party understands and agrees that direct money damages may not be an adequate remedy for any breach of these Legal Terms by it and that the Disclosing Party may be entitled (without exclusion of other remedies herein) to seek specific performance and injunctive or other equitable relief as a remedy for any such breach. The Receiving Party further agrees to waive any requirement for the Disclosing Party to secure or post any bond in connection with such remedy.

f. Conflicting Obligations. The provisions of this section supersede and replace in whole any previous confidentiality, non-disclosure, or similar agreement between the Parties.

26. USER DATA AND RETENTION

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

We retain user data as long as your user account is active. If your account is deleted, your data is deleted with it. Users can request data deletion by contacting hello@listkit.io.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28. CALIFORNIA USERS AND RESIDENTS

Please review our Privacy Statement for further information on your rights. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

29. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

30. OWNERSHIP OF SERVICES AND LICENSE TO USE SERVICES

a. Ownership. As between you and us, all rights, title and interest in and to the Services, database, and data (including, for avoidance of doubt, all data generated or verified in connection with the licenses you grant us in Section 3 including without limitation the patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by us. For instance, we own any design, compilation or product features inherent in the Services, such as the way that data is organized, curated, presented and delivered, and any know-how or other intellectual property inherent in the way we create, provide, display or make available the Service. These Terms of Service do not grant you any ownership right, title or interest in any of the above. You therefore may not use the Services, including any data, to create any derivative work, service or product, on your own or on behalf of any other organization, and you may not resell or re-license the data in any manner or form.

b. License to you. Subject to your compliance with these Legal Terms, you are granted a non-exclusive, revocable, non-assignable and non-sublicensable license, throughout the term of your subscription to: (i) use the Services solely for your personal and/or internal business purposes; and (ii) store, print or make a copy of Output Data solely for your personal or internal business purposes.

c. License restrictions. You represent and warrant that you will comply with all restrictions. Additional rules or policies may be displayed or put in place through the Services, including any portal through which you submit or receive data; those rules or policies are incorporated by reference into these Legal Terms and you agree to adhere to them.

31. AI DISCLOSURE

ListKit may leverage third-party providers in the AI space to enhance our Services and capabilities and will continue to do so for certain product features. ListKit may use User Submitted Data and its proprietary data as inputs to the machine learning models from third-party providers or to its own internally developed models.

32. ROLL-OVER CREDITS

This section shall only apply to Users with an active subscription as of 2/29/2024. This section will not be applicable to Users who start a subscription on or after 3/1/2024 or for any Users who cancel or modify their existing subscription after 3/1/2024. Any cancellation or modification of your subscription will result in forfeiting all credits and losing access to the roll-over credits feature permanently. Credits purchased are eligible to roll-over month to month only while you maintain an active, paying subscription with ListKit. In the event of subscription cancellation, whether voluntary or as a result of non-payment, all roll-over credits and associated account data will be forfeited without the possibility of recovery or reversal. Please note that ListKit does not provide refunds for any unused credits or subscription fees. You must keep your subscription current to retain access to your accumulated credits and other account information such as order history, saved searches, and .csv downloads.

33. CHANGES TO TERMS OF SERVICE

We may modify these Legal Terms at any time and for any reason as necessary. If the Legal Terms are modified, we will provide notice by posting the updated Terms of Service to our Website and include the effective date of the modified Legal Terms. If at any time you disagree with any Legal Terms or modifications, you should immediately cease use and request for your account to be deleted by emailing hello@listkit.io.

34. NOTICES

Legal notices to us must be sent to hello@listkit.io or 8 The Green #12710, Dover, DE 19901. We will send legal notices to you via a method of our choosing that is reasonably intended to provide such notice to you, including without limitation via the Services or to the email or other address you have provided to us.

35. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

ListKit, LLC

8 The Green #12710

Dover, DE 19901

hello@listkit.io