Legal · Acceptable Use Policy
Licensed for B2B sales and marketing. Nothing else.
This policy is part of the Terms of Service and applies to everyone who uses the Smarter Data website, console, API or MCP server, and to every record delivered through them. It exists to keep the data useful, the people in it treated fairly, and every customer's sending reputation intact.
Contents
01What the data is for
Records are licensed to you for your own business-to-business sales, marketing and market research and the internal operations that support it:
- sizing a market or territory and planning where to sell;
- prospecting and qualifying leads for your own products and services, or for a named client if you are an agency acting for them (each client's records used only for that client);
- enriching, correcting and deduplicating the records in your own CRM;
- analyzing your own pipeline, campaigns and coverage.
Use is limited to your organization. Contractors and tools working for you may handle the data on your behalf under your responsibility.
02What it is never for
- Resale or redistribution. Do not sell, rent, license, publish, share or otherwise provide records to anyone outside your organization — raw, enriched, aggregated, as a list, a directory, a data product, a feed, a plug-in or a model output.
- Building a competing dataset. Do not use records to build, train, seed, test or improve a database, index, model or service that competes with or substitutes for Smarter Data.
- FCRA-regulated decisions. Never use any record or output to decide a person's eligibility for credit, insurance, employment, housing or tenancy, a license or benefit, or for any purpose covered by the Fair Credit Reporting Act or a similar law. Smarter Data is not a consumer reporting agency and the data is not a consumer report.
- Harm to individuals. No stalking, harassment, intimidation, doxxing or surveillance; no attempts to re-identify a person from aggregated or de-identified data; no use that discriminates unlawfully on the basis of a protected characteristic.
- Consumer marketing. The dataset describes people in their business capacity; do not treat a business email or direct line as consent to market to that person as a private individual.
- Unlawful or deceptive messaging. No spam, no messages that misrepresent the sender, the subject or the offer, no phishing, malware or fraud, no content that is illegal where it is sent or received.
- Contacting people who said no. Do not contact anyone who has opted out from you, from your client, or through us, or anyone on a do-not-call list you are required to honor.
- Circumvention. Do not defeat or work around the credit meter, the delivery ledger, rate limits, key scopes or the two-step confirm on paid MCP reveals; do not scrape the website or console; do not probe, overload or attack the Service.
- Infringement. No use that violates a third party's privacy, publicity, intellectual-property or other rights, or any law.
03Channel compliance: email, calls and texts
You are responsible for the legality of every message and call you make with our data. We provide flags to help, not permission. In particular:
- Email — CAN-SPAM Act and the receiving networks' rules: accurate header and sender information, a truthful subject line, a clear identification of the message as an advertisement where required, a valid physical postal address, a working opt-out mechanism in every message, opt-outs honored within 10 business days, and no harvesting or dictionary attacks. Keep your own suppression list and apply it before every send.
- Calls and texts — TCPA, the Telemarketing Sales Rule, the National Do Not Call Registry and state law. Obtain the consent your channel requires before you call or text (prior express written consent for marketing messages sent by automated means to a mobile number), scrub against the National and state do-not-call registries and your own internal list, respect calling hours, identify yourself, and honor a stop request at once. A
dncflag or a line type we return is information, possibly incomplete or stale; its absence is not a green light. Many states have their own telemarketing and text-messaging statutes with stricter rules than federal law; they apply to you. - Privacy law. Where the people you contact have rights under state privacy laws, honor them. Tell us about opt-outs and deletion requests you receive so that we can suppress the value store-wide; we provide privacy@smarterdata.ai for that; a suppression-list upload for your key is planned.
- Email verification tells you whether an address's domain accepts mail (the deep check also tests the mailbox). It does not tell you whether you may mail it.
04Skip-trace and property-owner data
When skip-trace and property-owner resolution are active, their output — owner names, phone numbers with line types, do-not-call flags, email addresses — is licensed for marketing use only: reaching the owner of a property or business with a commercial offer. It is never to be used for locating a specific individual for collection, service of process, investigation, employment, tenancy, insurance or credit purposes, or for any FCRA-regulated purpose. Every rule in sections 2 and 3 applies with full force to this data. [[IVAN: confirm the permissible-use wording with counsel once skip-trace goes live]]
05Using the API and MCP server fairly
- Stay within the rate limits and daily caps on your key; they protect every customer's latency. Ask us if you need more.
- Size with free counts and estimates before you pull; do not enumerate the dataset by sweeping filters to reconstruct it.
- Build and test with free counts and
estimate=true, and send anidempotency-keyon paid calls so that retries never double-bill you. - Give agents a
max_creditsceiling on contact reveals and a key with a daily credit cap — other paid MCP tools bill when called. You are responsible for what your agents spend and send. - Do not reverse-engineer, decompile or attempt to extract the source of the Service, or use it to benchmark a competing product for publication without our written consent.
06Keys and security
- Keep API keys secret: not in browsers, mobile apps, public repositories, screenshots or support tickets. Use one key per integration so that one can be revoked without the others.
- Rotate a key in the console as soon as you suspect it has been exposed, and tell us so that we can check its recent use.
- Do not share an account between organizations or use a key that was not issued to you.
07Enforcement
We may investigate suspected breaches, and may warn, throttle, suspend or terminate access, revoke keys, refuse requests, require you to delete records obtained or used in breach, and report unlawful activity to the authorities. Where practical we warn you first and give you a chance to put it right; where there is risk to people in the data, to other customers' deliverability, or to us, we act first. Credits are not refunded when an account is terminated for breach, except as required by law. The indemnity in the Terms covers claims arising from your breach of this policy.
08Reporting abuse
If you received unwanted contact that you believe used Smarter Data, or you have seen our data used in breach of this policy, write to privacy@smarterdata.ai with what you received and who sent it. To have your own details suppressed for every customer, email privacy@smarterdata.ai; see the Privacy Policy for what happens next.