1. How the PatternIQ Platform and Services Work

PatternIQ offers a U.S. consumer outreach and prospecting platform (the “Platform”). PIQ allows users to target individual consumer predictive profiles on nearly every U.S. adult. These profiles are mere predictions, not statements of fact. These profiles include predictions on wealth & income, values & interests, charitable & consumer behaviors, demographics, psychographics, and multiple means to contact the individual. On the Platform, users set a destination call-to-action, create messaging campaigns, and conduct outreach to these consumers (the “Services”) through the Platform.. Our Clients include Professional Services providers, small and medium-sized businesses (SMBs), nonprofit organizations, professional fundraisers, advocacy groups, and others delegated access to the Platform or Services by our Clients (the “Authorized Users”). In order to provide the Platform or Services, PIQ uses Open-Source Intelligence (OSINT) tools to search the open internet, acquire information on prospective customers or clients (the “Prospect” or “Prospects”), match that information with a proprietary database, and predict additional characteristics about the Prospect. This information includes identity, psychographics, values, interests, contact information, wealth information, donation capacity information and more to form predictive profiles on individual consumers (together or separately, “Anonymized Prospect Records,” or the “Information”).

2. Agreement, License Term, Termination, Notices, and Changes to Terms

These terms are a binding legal commitment between you and PIQ, so please read them carefully. If you are accessing and using the Platform, Services, Information, or Anonymized Prospect Records as an Authorized User on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. This Agreement and your license to use the Platform, Services, Information or Anonymized Prospect Records shall be effective for a term of the Agreement beginning on the date you first license any Information or Prospect Record and shall continue for a period of one (1) month and shall renew monthly for as long as you are a valid paying user or until terminated by PIQ. You shall have no termination rights other than to cease your use of the Platform, Services, Information or Anonymized Prospect Records. PIQ may, at its sole discretion, discontinue your use or access to the Platform, Services, Information, or Anonymized Prospect Records at any time and/or exercise any rights PIQ may have at law, in equity, under this Agreement. If you do not agree to be bound by these terms, you may not use the Platform, Services, Information or Anonymized Prospect Records. All notices given by you to PIQ under this Agreement must be in writing and sent by registered or certified or express mail, return receipt requested and postage prepaid, or by Federal Express or another reputable courier, or delivered personally to PIQ’s address. We may modify or update these Terms at any time, in our sole discretion. If you continue to use the Platform, Services, Information or Anonymized Prospect Records after we have communicated the modified Terms to you, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Platform, Services, Information or Anonymized Prospect Records. Because our Platform, Services, Information and Anonymized Prospect Records are evolving over time we may change or discontinue all or any part, at any time and without notice, at our sole discretion.

3. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from users on the site and as part of the Information we provide. You acknowledge and agree that your use of the Platform and Services is subject to our Privacy Policy. Your use of the PIQ Platform and Services constitutes your agreement and acknowledgement that you have read and agree to be bound by the Privacy Policy and these Terms.

4. Your PIQ Account

You may use the Platform or Services only if you invited and approved to be a user, are 18 years or older, capable of forming a binding legal contract with PIQ, and are not barred from using the Services under applicable law. You must create an account (“Account”) to use our Platform or Services). You agree to provide us with accurate and complete information for your Account and to update such information, as needed, to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You agree that you are responsible for all activities that occur under your Account, including the activities of any users accessing the Platform using your credentials, whether or not you know about or authorized them to do so.

5. Access and Licenses

Subject to your compliance with these Terms and completion and payment at check out, PIQ grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform, Services, Information, and individual Anonymized Prospect Records for the authorized purposes described in Section 8 below (Acceptable Use Policy). You may not allow access to the Platform, Services, Information, or individual Anonymized Prospect Records by anyone other than individuals whom you have authorized through the methods permitted by PIQ (e.g., by assigning unique login credentials to each such individual) to use the Platform, Services, Information, or individual Anonymized Prospect Records solely on your behalf and for whom all applicable fees have been paid. You may not copy any portion of the Platform or Services, Informations, or Anonymized Prospect Records. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Platform or Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Platform, Services, Information, or individual Anonymized Prospect Records to any third party; (iii) reverse engineer, decompile or disassemble the Platform or Services; or (iv) make the functionality of the Platform, Services, Information, or individual Anonymized Prospect Records available to anyone other than your Authorized Users except with our express written permission. PIQ reserves all rights in and to the Platform and Services not expressly granted to you under these Terms. You acknowledge that PIQ owns Platform, Services, Information, or individual Anonymized Prospect Records. You have no proprietary rights to the underlying Information, algorithm, or technologies used by PIQ to create the Information or Anonymized Prospect Records. Violations of this Agreement include but are not limited to any attempt to avoid user authentication or security of any host, network, or account. This includes accessing content not intended for visitors and logging into an account you are not expressly permitted to access. Attempting to force a denial of service by email bombing, packet spoofing, flooding, or any other similar measures, is strictly prohibited. You are forbidden to perform any network monitoring, including probing the security of networks or attempting to intercept data not intended for the Client. PIQ reserves the right to terminate your use, terminate your license, and/or pursue legal action against any user for known or realized unauthorized use of Anonymized Prospect Records.

6. Customer Data and Information

You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, share and use your Personal Data (as defined therein), both when you are a user of the Platform or Services and how personal data is used within the Platform, Services, Information, or individual Anonymized Prospect Records. If you do not agree with our Privacy Policy, then you must stop using the PIQ Platform and Services immediately. Your use of the PIQ Platform, Services, Information, or individual Anonymized Prospect Records constitutes your agreement and acknowledgement that you have read and agree to be bound by the Privacy Policy and these Terms.

7. Payment

Payment terms are contained in your order form at checkout. You will be billed to the credit card on file. You agree to pay PIQ the amount that is specified in the order form at checkout in accordance with these Terms and any other terms associated with such payment plan, and you authorize PIQ (or our third party payment processor) to bill your payment method on a periodic basis in accordance with such terms. Unless otherwise stated at checkout or any quote provided by PIQ, prices quoted shall be good for a period of thirty (30) days. Full payment is due at the time of checkout. You acknowledge that your Payment to PIQ is not contingent upon payment to you from a third party. Where required by law, sales and use tax shall be charged in addition to all quoted fees.  All amounts paid are non-refundable and we reserve the right to change our prices in the future.

8. Acceptable Use Policy

Without limiting any provision of these Terms, you may only use the Platform, Services, Information, or individual Anonymized Prospect Records exclusively for outreach permitted under the laws of any jurisdiction to which you are bound. Pursuant to this license, you represent that you will not use the PIQ Platform, Services, Information, and individual Anonymized Prospect Records for other, unauthorized purposes, including: personal research or curiosity, cyberstalking, for use in family, marital, divorce, or custody disputes, to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or any relevant oro similar state statutes. You further represent that the Platform, Services, Information, or individual Anonymized Prospect Records will not be used to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You accessed the Platform, Services, Information, or individual Anonymized Prospect Records or the laws, regulations, and ordinances applicable to the location of the individuals or organizations searched for or Anonymized Prospect Records searched. Further, you represent that the Platform, Services, Information, or individual Anonymized Prospect Records will not be used to make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act (“TCPA”) or any other applicable federal or state law governing fundraising or marketing solicitations. You acknowledge that You are solely responsible for ensuring that telephone calls made or email or text messages sent using information obtained from Platform or Services are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable federal or state laws. PIQ does not guarantee that any phone numbers or contact information displayed on the Platform or Services have been scrubbed through the National Do Not Call Registry, similar state-level registries, or any other do-not-call registries. You represent that your use of the Platform, Services, Information, or individual Anonymized Prospect Records will honor any and all rights consumers may have under these and similar laws or registries. You may not use Platform or Services in a manner that exceeds the rights granted for Your use.

You acknowledge that neither PIQ nor you are a consumer reporting agency nor subject to the FCRA. The Service is not intended for use by persons under the age of 18. You must ensure that each of your Authorized Users is aware of and complies with the requirements and restrictions set forth in this paragraph. You are responsible for all activities that occur under your account (or any of your Authorized Users’ accounts), and for Authorized Users’ compliance with these Terms. You agree to (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data that you (or any of your Authorized Users) input into or store using the Platform or Services; (b) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Platform or Services, and notify PIQ promptly of any such unauthorized access or use; and (c) comply with this Acceptable Use Policy and all applicable local, state, federal and foreign laws in using the Platform or Services. PIQ reserves the right to terminate and pursue legal action against any user for a violation of this acceptable use policy.

9. Feedback

We welcome feedback, comments, and suggestions for improvements to our Platform or Services. If you provide feedback or recommendations to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to use the content of your feedback for any purpose, including to improve our Platform or Services without any obligation to compensate you for providing ideas or feedback.

10. Disclaimer of Warranty and Indemnity

PIQ will obtain the Information from sources it considers reliable, but PIQ is not subject to liability for truth or accuracy of the Information or Anonymized Prospect Records conveyed or for its completeness or errors or mistakes made by humans or machines in the creation of the Information or Anonymized Prospect Records. PIQ will not be subject to liability for your use of the Information or Anonymized Prospect Records, including marketing or outreach costs expended by you in reliance on Information or Anonymized Prospect Records provided by PIQ. PIQ may take reasonable steps to control the continuing quality of the Information and Anonymized Prospect Records, and the application of such quality control procedures constitutes the full extent of warranty concerning the information provided. The client acknowledges that it may be necessary or advisable from time to time, in the ordinary course of PIQ’s business, for PIQ to add, delete, and substitute Information it makes available to its clients including the Client. PIQ expressly reserves the right to revise the Information and to make changes in content. PIQ MAKES NO WARRANTIES EXCEPT FOR THOSE SET FORTH ABOVE AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIQ MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THE CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE. The Platform, Services, Information, and Anonymized Prospect Records are provided“AS IS.” We make no warranty that the Platform or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Information or Anonymized Prospect Records. By using the Platform or Services, or by taking an action using the Platform, Services, Information or Anonymized Prospect Records licensed from PIQ, you acknowledge that PIQ’s sole and exclusive liability and Client’s sole and exclusive remedy for breach of the limited warranty outlined in this Section shall be reperformance of the affected services or, at PIQ’s option, a refund to Client of a portion of the fees previously paid by Client corresponding to the defective services. You will indemnify and hold harmless PIQ and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Platform, Services, Information, and Anonymized Prospect Records or (ii) your violation of these Terms.

11. Limitation of Liability

IN NO EVENT SHALL PIQ BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY (A) LOSS OF USE, INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (B) LOSS OF GOODWILL OR REPUTATION; (C) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (D) FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PIQ’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO PIQ FOR THE INFORMATION AND SERVICES THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM. PIQ shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of PIQ including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. Intellectual Property

You agree that the Platform, Services, Information, and Anonymized Prospect Records are licensed to you by PIQ, but these are and will remain the property of PIQ. You do not have any license or right to use any trade or service mark displayed in any part of the Platform or Service without the express written permission of PIQ. PIQ’s intellectual property rights in and to the product are protected by the United States copyright and trademark laws, and the Client agrees that its employees are not authorized to reproduce, copy, republish, upload to a third party or distribute any part of the Platform, Service, Information, or Anonymized Prospect Records, except as provided under this Agreement.

13. Your Information and Content

In some instances, you may provide PIQ with your Prospect or contact lists for PIQ to perform data supplementation or augmentation. In those instances, the following provisions apply: you hereby grant to PIQ a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, and create derivative work as needed to operate and provide the Platform or Services to you, with respect to provisions otherwise specified in our Privacy Policy. You are solely responsible for all your User Content and Personal Data. You represent and warrant that you have all rights and consents, and will obtain all rights and consents, with respect to all of your User Content and Customer Data to the extent necessary (i) for you and PIQ to comply with all applicable laws, rules and regulations including, without limitation, all applicable data protection and privacy laws; and (ii) for you to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, your Customer Data, nor your use and provision of your User Content or Customer Data to be made available through the Platform or Services, nor any use of your User Content or Customer Data by PIQ on or through the Platform or Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it or requesting that PIQ delete it in accordance with our Privacy Policy.

14. Dispute Resolution

YOU AND PIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void. The parties shall attempt to resolve any disputes related to these Terms or an order form (checkout) by first escalating the dispute to a level of management in each party’s organization that is removed from the day-to-day implementation or the prior negotiation of the relationship between the parties. If the parties cannot resolve the dispute pursuant to the foregoing sentence, as the exclusive means for initiating any adversarial proceedings relating to these Terms or order form (checkout), a party may demand that the dispute be resolved by arbitration administered by a nationally recognized arbiter to be heard in Northern Virginia under the rules of the American Arbitration Association. Neither party may commence any adversarial proceeding in any other forum. The arbiter’s determination will be final and binding on the parties, may be entered in a court of competent jurisdiction, and may be enforced in other jurisdictions. Each party hereby consents to any dispute related to these Terms or an Order Form being heard and resolved exclusively pursuant to this section. Nothing in this section is intended to be construed to prevent a party from seeking injunctive or similar interim relief from a court of competent jurisdiction.

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

15. Payment

This Agreement shall be governed by and construed, and enforced per the laws of the the State of Delaware, excluding its choice of law rules regardless of its place of execution. In the event of a dispute hereunder, the parties agree to submit to the exclusive jurisdiction of the state courts of, and federal courts sitting in, the State of Delaware.

No waiver of any term or condition of this Agreement shall be deemed to be a waiver of any subsequent breach of any term or condition.

If any part of this Agreement shall be held unenforceable, the remainder of this Agreement will nevertheless remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without PIQ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. PIQ may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by PIQ under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Platform or updating these Terms or other relevant policy. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

The Platform or Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or Platform or Services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

PIQ’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PIQ. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Without limiting any other terms of these Terms, you agree not to do any of the following

• Use, display, mirror or frame the Platform or Services or any individual element within the Platform or Services, PIQ’ name, any PIQ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PIQ’ express written consent;
• Access, tamper with, or use non-public areas of the Platform or Services, PIQ’ computer systems, or the technical delivery systems of PIQ’ providers;
• Attempt to probe, scan or test the vulnerability of any PIQ system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PIQ or any of PIQ’ providers or any other third party (including another user) to protect the Platform or Services or Content;
• Attempt to access or search the Platform or Services or Content or download Content from the Platform or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by PIQ or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a PIQ trademark, logo URL or product name without PIQ’ express written consent;
• Use the Platform or Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Services or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

We reserve the right to monitor your use of the Platform, Services, Information, or Anonymized Prospect Records or to review or edit any of your use for the purpose of operating the Platform or Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform, Services, Information, or Anonymized Prospect Records. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. PIQ respects copyright law and expects its users to do the same. It is PIQ’ policy to terminate in appropriate circumstances

Account holders who repeatedly infringe the rights of copyright holders. If you are aware of any infringement taking place on the Platform or Services, or wish to notify us of any infringement of your intellectual property, please notify us at hello@patterniq.com

Contact Us
If you have any questions about these Terms or the Services, please contact PIQ at hello@patterniq.com. PatternIQ, Inc. 13800 Coppermine RD, Herndon VA 20171