The deal, in plain words.

01Who we are, and agreeing to these Terms

The Service is operated by Smarter Outbound LLC, a United States limited liability company — contact: privacy@smarterdata.ai (Smarter Data, we, us). Smarter Data and smarterdata.ai are the names under which Smarter Outbound LLC offers the Service.

By creating an account, buying credits, creating an API key, or sending a request to the API or the MCP server, you agree to these Terms, the Acceptable Use Policy and the Privacy Policy. If you use the Service on behalf of a company or other organization, you confirm that you are authorized to bind it, and you in these Terms means that organization. The Service is for businesses and professionals; you must be at least 18 years old to use it.

02The Service

Smarter Data provides United States business and decision-maker data and related data services through a credit-metered REST API and a hosted MCP server: company and contact records from our warehouse, email verification, fresh crawling of company websites on request, live local and web search, and, when activated, skip-trace and property-owner resolution. The console at smarterdata.ai/app is where you manage your account, credits and keys and size markets for free; records themselves are delivered through the API and MCP.

The Service is in early access. Features marked activating in the documentation may be unavailable or change before they are generally available. Anything under /v1 follows the versioning rule in the documentation: a breaking change ships as a new path version and is announced at least 30 days ahead.

03Accounts and API keys

• You must give us an accurate email address and keep it current; it is how we reach you about billing, security and changes to these Terms.
• API keys are credentials. Keep them secret, do not put them in client-side code or public repositories, and rotate or revoke them in the console the moment you suspect exposure. Keys you create carry at most the scopes of your own account.
• You are responsible for every request made with your keys, including by agents, integrations and team members, and for the credits they spend. Contact reveals over MCP are two-step and capped by max_credits, and every paid call can be priced first with estimate=true; other paid calls bill when they are made, so keep limits small, and ask us for a per-key daily credit cap for any key an agent uses.
• One person or organization per account. You may not share an account, sell access to it, or use a key issued to another account.

04Credits and billing

The Service is paid for with prepaid credits. Credits are a prepayment for records and services, not money, not a deposit and not a security; they have no cash value and cannot be transferred between accounts. There is no subscription and no minimum. A new account starts with free trial credits (100 today) — one free trial per person, and at most three per company email domain. Prices in credits per record or query are published by GET /v1/schema and in the console, and the price shown at the time of a request is the price charged. Founding-account rates agreed in writing apply as agreed.

The billing rules we hold ourselves to

• Per record delivered, never per call. You pay for data received, not for asking.
• Counts and estimates are free. GET /v1/count on any filter and estimate=true on any paid request cost 0 credits.
• No match, no charge. Empty reveals, crawls that find nothing and unmatched skip-traces cost 0 credits. The two documented exceptions: live web search bills per query and live local results per page fetched, even when they return nothing, because live retrieval costs us per request.
• Deduplicated before billed. A contact is one record; duplicate rows never bill twice.
• Holds on asynchronous work. Bulk verification and crawl jobs hold the maximum cost up front, settle to the actual cost on completion and return the difference.
• Idempotency. A retry that carries the same idempotency-key replays the original response — same records, no second charge.
• Delivery ledger. We keep a ledger of every record delivered to your account (all of its keys). Records you have been charged for are excluded from your future pulls automatically, so a repeated pull never bills you again for a record you already own; a direct lookup of a company already delivered to your account is free, and re-reading such a record on purpose with a pull that sets exclude_delivered=false is a new delivery and is billed like any other, and you are only ever billed on delivery. Keeping this ledger is part of the Service and is why we retain it for the life of your account.

Payments, refunds and disputes

• Credit packs are bought in the console and charged by our payment processor in US dollars. Prices exclude taxes; where we are required to collect sales tax, VAT or similar, it is added at checkout [[IVAN: checkout collects no tax automatically today — confirm how tax is handled before this sentence is published]].
• Credits are non-refundable, including on closure of your account, except where a refund is required by applicable law or we have agreed one in writing.
• If a payment is refunded, reversed or disputed with your card issuer, the credits bought with that payment are removed from your balance (pro rata for a partial refund). Your balance never goes below zero: credits already spent on delivered records cannot be removed and are recorded as a shortfall on that payment, which we may ask you to settle; credits already spent are not restored by a dispute; a dispute does not revoke our right to be paid for records you received.
• Credit expiry: credits do not expire while your account is open; unused credits are not refunded when the account closes (section 13) [default — confirm: no expiry while open — the alternative is "credits expire 12 months after purchase"].
• We may change credit prices for future purchases and future requests. Price changes are published in GET /v1/schema and the console and, for increases, emailed to account holders at least 14 days before they apply.

05License to the data

Each record delivered to your key is licensed, not sold. We grant you a non-exclusive, non-transferable, non-sublicensable license to use the records delivered to your account for your own business-to-business sales, marketing and market-research outreach and the internal business operations that support it (lead qualification, territory planning, enriching your own CRM, analytics about your own pipeline).

You may not:

• resell, rent, redistribute, publish, syndicate or otherwise make the records available to anyone outside your organization, whether raw, enriched, aggregated into a product, or as part of a list, database, directory or data feed;
• use the records to build, train, seed or improve a dataset, index or model that competes with or substitutes for the Service;
• use the records, or any output of the Service, for any purpose regulated by the Fair Credit Reporting Act (FCRA) or similar law — eligibility for credit, insurance, employment, housing or tenancy, or any other decision about an individual's rights or benefits. Smarter Data is not a consumer reporting agency;
• remove or defeat the delivery ledger, credit metering, rate limits or scopes, or access the Service by any means other than the documented API, the MCP server and the console.

Records delivered while your account is in good standing remain licensed to you after the account closes, so that what you bought stays usable; the license ends for records obtained in breach of these Terms or the Acceptable Use Policy, and we may then require you to delete them. Agencies and service providers may use records on behalf of a named client under this same license, but each client's records may be used only for that client. [default — confirm: agencies covered by this clause, no separate agency agreement]

06Your outreach, your compliance

We supply data. You decide whom to contact, how, and when, and you are solely responsible for the legality of that outreach — including the CAN-SPAM Act for email; the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the National Do Not Call Registry and state do-not-call and telemarketing laws for calls and text messages; state privacy laws such as the California Consumer Privacy Act where they apply to you; and the laws of every place you operate in or send to. Flags we return, such as dnc or a line type, are information to help you, not permission or legal advice, and they may be incomplete or out of date. You must maintain and honor your own suppression list, honor every opt-out you receive promptly, and obtain whatever consent your channel requires before you use it.

07Our rights in the Service and the dataset

The Service, the dataset, our schemas, scores, classifications and documentation are owned by Smarter Data and its licensors and are protected by intellectual-property law. Apart from the license in section 5, no rights are granted.

Data you submit and outcomes we observe. When you submit data to the Service — email addresses to verify, domains to crawl, addresses or phone numbers to resolve, opt-outs you pass to us, filters and queries — and when the Service produces results from it, we may retain those inputs, the results of processing them (for example that an address is deliverable, that a domain's site lists a phone number, that a lookup matched or did not match) and records of how the Service was used, and we may use them to operate, secure, bill and support the Service, to improve the accuracy and coverage of the dataset for all customers, and to honor suppression requests store-wide. We do not use your submissions to identify you or your customers to other customers, and we do not sell your account information. Details, including how to ask us not to retain a particular submission, are in the Privacy Policy.

08Acceptable use

The Acceptable Use Policy is part of these Terms. In short: licensed for B2B sales and marketing; never for FCRA-regulated decisions, harassment, re-identification of individuals, resale, or circumventing metering and limits; and channel compliance is yours. We may throttle, suspend or terminate access that breaches it.

09Availability and changes

We work to keep the Service available and fast, but during early access we do not promise a particular uptime, and we may change, add or withdraw features, limits and data sources. GET /healthz exposes the running build. Any service-level commitment exists only if we have agreed one with you in writing.

10Disclaimers

The dataset is compiled from public sources, companies' own websites, licensed data providers and our own processing, and parts of it are modeled estimates (revenue estimates, employee bands, quality scores) rather than reported facts. Data about businesses and the people who work at them changes constantly. The Service and all data are provided "as is" and "as available", without warranties of any kind, express or implied, including accuracy, completeness, currency, deliverability of any email or reachability of any phone number, merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. Nothing in the Service is legal advice.

11Limitation of liability

To the fullest extent permitted by law, Smarter Data and its officers, employees, contractors and licensors are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service or these Terms, however caused and under any theory of liability, even if advised of the possibility. Our total aggregate liability for all claims arising from or related to the Service or these Terms is limited to the amount you paid us for the Service in the twelve months before the event giving rise to the claim [default — confirm: cap = fees paid in the 12 months before the claim]. Some jurisdictions do not allow certain limitations; in those places our liability is limited to the greatest extent permitted.

12Indemnity

You will defend, indemnify and hold harmless Smarter Data and its officers, employees, contractors and licensors from any claim, demand, fine, penalty, loss or expense (including reasonable legal fees) arising from your outreach or other use of the Service or the data, your breach of these Terms or the Acceptable Use Policy, or your violation of any law or of a third party's rights.

13Suspension and termination

• You may close your account at any time by emailing us from the address on the account (you can revoke your keys yourself in the console at any time). Closing an account revokes its keys; unused credits are not refunded except as required by law.
• We may suspend or terminate your access, revoke keys, or refuse requests if you breach these Terms or the Acceptable Use Policy, if a refunded or disputed payment leaves a shortfall you have not settled, if your use creates legal, security or deliverability risk for us or other customers, or if we are required to by law. Where practical we will warn you first and give you a chance to fix the problem.
• Sections 5 (for records lawfully obtained), 7 and 10 to 16 survive termination.

14Governing law and disputes

These Terms are governed by the laws of the State of [[IVAN: state of registration]], United States, the state in which Smarter Outbound LLC is organized [default — confirm: governing law = state of registration], without regard to its conflict-of-law rules. Before starting any proceeding, you agree to write to us at privacy@smarterdata.ai and give us 30 days to resolve the matter informally [default — confirm: 30-day notice period]. Any dispute that is not resolved that way will be brought exclusively in the state or federal courts located in that state, and each party consents to their jurisdiction [default — confirm: courts in the state of registration, no arbitration clause]. Nothing here prevents either party from seeking injunctive relief to protect its data or intellectual property.

15Changes to these Terms

We may update these Terms. The current version is always at smarterdata.ai/legal/terms.html with its effective date. For material changes we will email account holders at least 14 days before the new version takes effect; continuing to use the Service after that date means you accept it. If you do not agree, stop using the Service and close your account before the effective date.

16Contact

Legal notices: by email to privacy@smarterdata.ai. Notices by email are effective when sent: to us at that address, to you at the email address on your account [default — confirm: notices by email].
Privacy, opt-out and suppression requests: privacy@smarterdata.ai.
Support and billing questions: the address in the documentation, quoting the request_id of any affected call.