Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the websites, data, and services provided by SparkDBI ("SparkDBI," "Company," "we," "us," or "our"), including our B2B contact data, healthcare (HCP) data, data licensing, data enrichment, email appending, and email marketing services (collectively, the "Services"). By accessing our website or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access the website or use the Services.

1. Eligibility and Accounts

You must be at least 18 years old and legally able to enter into a binding agreement to use the Services. If SparkDBI provisions an account for you or your organization, you agree to provide accurate, current, and complete information, and to keep your account credentials confidential. You are responsible for all activity that occurs under your account.

2. Description of Services

SparkDBI licenses and delivers verified B2B and healthcare (HCP) contact data, including but not limited to email addresses, direct dial phone numbers, firmographic and technographic attributes, and NPI-linked healthcare provider records. Services may be delivered as flat files, via API, or through managed campaign execution (including email marketing). Specific deliverables, volumes, refresh cadence, and pricing for any order are governed by the applicable order form, quote, or agreement between you and SparkDBI, which forms part of your agreement with us alongside these Terms.

3. License to Use Data

Subject to your compliance with these Terms and any applicable order form, SparkDBI grants you a limited, non-exclusive, non-transferable license to use the data and Services for your own internal business purposes. Unless expressly agreed in writing (for example, under a white-label or reseller agreement), you may not resell, sublicense, redistribute, or otherwise make the data available to any third party. SparkDBI and its data partners retain all right, title, and interest in and to the underlying data, platform, and technology.

4. Permitted and Prohibited Use

You agree to use SparkDBI data and Services only for lawful business purposes and in accordance with these Terms. Without limiting the foregoing, you agree that you will not:

• Use the data for consumer credit decisions, insurance underwriting, employment decisions, tenant screening, or any purpose covered by the U.S. Fair Credit Reporting Act;
• Contact individuals or entities included on the National Do Not Call Registry, an applicable internal do-not-contact list, or any other suppression list, except where a valid exemption applies;
• Use the data to send unsolicited communications in violation of CAN-SPAM, CASL, GDPR, or other applicable anti-spam or marketing laws;
• Use HCP or healthcare-related data in connection with patient records, protected health information (PHI), or any purpose regulated under HIPAA beyond permitted marketing and business communications;
• Attempt to probe, scan, or test the vulnerability of our systems, or interfere with the Services through malicious code, overloading, or unauthorized access;
• Reverse-engineer, decompile, or attempt to extract the underlying methodology or source data compilations of the Services beyond the licensed records delivered to you.

You are solely responsible for ensuring your own use of the data and Services, including any campaigns you run using data licensed from SparkDBI, complies with all applicable federal, state, and international laws and regulations.

5. Data Accuracy and Refresh

SparkDBI validates records against active inbox, employment, and identity signals before delivery, and publishes accuracy guarantees and refund terms specific to each service (see the relevant service page for current guarantees). Data is a living asset that decays over time as individuals change roles, employers, or contact details; SparkDBI does not guarantee that any record will remain accurate indefinitely after delivery.

6. Fees and Payment

Fees for Services are set out in the applicable order form, quote, or agreement. Unless otherwise agreed in writing, fees are due in advance of delivery and are non-refundable except as expressly provided under a service-specific accuracy guarantee or pro-rated refund policy. SparkDBI reserves the right to suspend delivery or access to the Services for accounts with outstanding payment obligations.

7. Term and Termination

These Terms remain in effect for as long as you access the website or use the Services. SparkDBI may suspend or terminate your access to the Services at any time if we believe, in good faith, that you have violated these Terms, provided false information, or used the Services in a manner that creates legal or reputational risk to SparkDBI or its data partners. You may stop using the Services at any time; any licensed data already delivered to you remains subject to the license terms in Section 3.

8. Intellectual Property

SparkDBI and its licensors retain all right, title, and interest in the Services, including our data compilation methodology, platform, website, and all associated trademarks and logos. Nothing in these Terms grants you any right to use SparkDBI's name, trademarks, or logos without our prior written consent.

9. Disclaimer of Warranties

THE SERVICES AND DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARKDBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPARKDBI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SPECIFIC RECORD WILL REMAIN ACCURATE AFTER DELIVERY, BEYOND THE ACCURACY GUARANTEES EXPRESSLY STATED FOR THE RELEVANT SERVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARKDBI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. SPARKDBI'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO SPARKDBI FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless SparkDBI, its officers, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms or your unlawful use of the data or Services, including any marketing or outreach campaign you run using data licensed from SparkDBI.

12. Privacy

Our collection, use, and handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. California residents may also refer to our Do Not Sell My Personal Information page, and individuals wishing to opt out of telemarketing or email outreach may refer to our Do Not Call Compliance Policy.

13. Changes to These Terms

SparkDBI may update these Terms from time to time. Material changes will be posted on this page with an updated "Last updated" date. Your continued use of the website or Services after changes are posted constitutes your acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any dispute arising out of or relating to these Terms or the Services.

15. Contact Us

If you have any questions about these Terms, please contact us at [email protected] or through our Contact Us page.