Terms & Conditions

1. Definitions

• Software: The FirstLeads.ai web application, APIs, data feeds, dashboards, and any associated documentation.
• Company Leads / Contact Data: Incident, property, and contact information delivered by the Services, including personally identifiable information ("PII").
• Subscription / Plan / Tier: A paid plan that dictates features, regions, timing, credit allotments, rate limits, and other entitlements.
• Owner Contact Info Credits ("Credits"): Units that permit performing owner contact info lookups through the Services.
• Billing Cycle: The recurring period (e.g., monthly) for Subscription charges.
• Authorized User: Your employees or contractors permitted to access your account under your Subscription.

2. Eligibility; Account Registration; Geographic Limitations

2.1 Eligibility

You must be at least 18, form a binding contract, and not be barred from receiving services under applicable law. You are responsible for all activity that occurs under your account.

2.2 Geographic Limitations

The Services are designed for use in the United States and primarily provide fire incident data from U.S.-based fire departments. Key limitations:

• Fire incident data covers U.S. fire departments only
• Owner contact info is limited to U.S. property records
• Phone numbers provided are U.S. and Canadian formats
• International fire incidents are NOT included
• Service may not be available in all countries

If you access the Services from outside the United States: (a) You do so at your own risk; (b) You are responsible for compliance with local laws; (c) We make no representation that Services are appropriate or available for use in your jurisdiction; (d) All disputes are governed by California law (Section 18). We reserve the right to restrict access from certain countries or regions at our discretion.

3. Modification of this Agreement

We may modify this Agreement at any time. Changes become effective on the date indicated. We will provide notice via the Services or email. Continued use after the effective date constitutes acceptance.

4. License; Ownership

4.1 License

Subject to this Agreement and your timely payment of fees, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Company Leads solely for your internal business purposes.

4.2 Restrictions

Except as expressly permitted, you shall not: copy, modify, adapt, translate, sublicense, rent, lease, sell, resell, assign, distribute, reverse engineer, scrape, or export the Software or Company Leads; build a competing product or service; or circumvent technical or tier-based controls.

4.3 Ownership

Company and its licensors retain all rights, title, and interest in and to the Services, Software, and Company Leads. No rights are granted except as set forth herein.

4.4 Tracking & Watermarking

Subscriber acknowledges and agrees that Company may embed, append, or associate unique tracking identifiers, watermarks, canary records, synthetic seed entries, fingerprints, or similar markers (collectively, "Tracking Markers") within or alongside Company Leads, dashboards, exports, screenshots, API responses, or any other Services output, for the purpose of detecting and tracing unauthorized access, use, redistribution, or disclosure. Tracking Markers may be visible or invisible and may be unique to Subscriber, to an Authorized User, or to a specific session. Discovery of a Tracking Marker traceable to Subscriber outside Subscriber's authorized use shall constitute prima facie evidence of breach of this Agreement.

5. Services, Tiers, Delivery Timing & No Exclusivity

5.1 Tiers & Timing (Target, Not Guarantee)

Plans may include different delivery speeds and incident-type access (e.g., Pro: resolved fire incidents only, no instant alerts; Premium: active and resolved fires with instant alert delivery targeted at 30–60 minutes from dispatch; Enterprise: custom delivery and access arrangements). All delivery times are targets, not warranties. Actual timing varies by data availability, jurisdiction, network latency, and source constraints.

5.2 No Exclusivity or Uniqueness

Company does not guarantee exclusive access to any lead, incident, or data. The same or similar information may be available from public sources, third parties, or other subscribers across industries (e.g., contractors, investors, adjusters, attorneys).

5.3 Tier Integrity

You must not access data outside your tier or circumvent timing or region limits. Downgrades may delay access to new data.

5.4 Tier-Specific Features & Limits

Subscription tiers provide different feature access and limits as of the effective date:

Features, limits, and pricing are subject to change per Section 10.8. We reserve the right to modify tier entitlements on 30 days' notice.

6. Prohibited Uses

You agree not to use the Services, Software, or Company Leads for:

• Harassment, threats, stalking, or intimidation (including of fire victims or property owners).
• Discrimination in violation of the Fair Housing Act, Equal Credit Opportunity Act, or analogous laws.
• Fraudulent, deceptive, or illegal practices.
• Sale, resale, sublicensing, or redistribution of Company Leads to third parties without written consent.
• Systematic scraping, bulk downloading beyond your plan, or reverse engineering.
• Creating a competing database, lead product, or service.
• Signing up for, registering, or accessing the Services — directly or indirectly, in your own name or through any employee, contractor, affiliate, friend, family member, agent, proxy, shell entity, or other intermediary — for the purpose of providing, disclosing, relaying, or making available any data, leads, features, pricing, screenshots, or other Services output to a competitor, prospective competitor, or any party developing or operating a competing product or service. This prohibition applies regardless of whether you are personally a competitor, are compensated for the disclosure, or are acting on behalf of, in coordination with, or at the request or suggestion of any such party.
• Sharing, transferring, syndicating, or otherwise disclosing Company Leads, Contact Data, dashboards, or any Services output with other businesses, agencies, brokers, marketplaces, or unaffiliated third parties, whether for free, in exchange for value, or as part of a referral, partnership, or co-marketing arrangement, without our prior written consent.
• Automated high-frequency contact without necessary consent (see Section 7).
• Contacting individuals who have requested no further contact.
• Circumventing tier, API, or rate limits; sharing credentials beyond authorized users.
• Any use violating applicable law (communications, telemarketing, privacy, consumer protection, defamation, unfair competition).

Enforcement: We may suspend or terminate access immediately (with or without notice) for Prohibited Uses and pursue legal or equitable remedies. No refunds will be issued.

7. TCPA, Telemarketing, Email & Messaging Compliance (Highest Priority)

7.1 Subscriber Compliance

You shall strictly comply with all federal, state, and local communications laws and rules, including without limitation:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• State Do-Not-Call (DNC) laws and the National DNC Registry
• CAN-SPAM Act and state anti-spam laws
• Any similar or successor rules (collectively, "Communications Laws")

7.2 Consent, DNC, and Contact Times

You agree to:

• Obtain express written consent before using any autodialer, predictive dialer, prerecorded message, ringless voicemail, or SMS/MMS text to any number as required by law.
• Maintain and honor your internal DNC list.
• Respect the National and State DNC registries.
• Cease contact upon request from any individual.
• Not contact individuals outside 8:00 a.m.–9:00 p.m. local time of the recipient or stricter applicable windows.
• Not use misleading caller ID or deceptive content.

7.2.5 Do-Not-Call Registry Scrubbing (CRITICAL)

7.2.6 Litigator Scrubbing Disclosure

We provide automated litigator scrubbing to flag known serial TCPA plaintiffs and litigious phone numbers. However:

• Litigator lists are not exhaustive and may be outdated
• New litigators may not be identified immediately
• Scrubbing does NOT replace DNC registry compliance
• Scrubbing does NOT eliminate TCPA risk
• You remain solely responsible for all communications compliance
• We make no warranty that scrubbed data is accurate or complete

Litigator scrubbing is a supplemental risk mitigation tool, not a compliance guarantee.

7.3 Liability Shift; Indemnity

TCPA violations can result in $500–$1,500 per call/text (or more where allowed). You assume all liability for your communications and agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents from any claims, penalties, or damages arising from your communications and noncompliance (see Section 15).

7.4 TCPA One-to-One Consent Rule (Effective January 27, 2025)

7.5 No Compliance Guarantee

Company does not certify or warrant that your contact methods or messages are compliant. You are solely responsible for compliance.

8. Data Privacy, PII Handling & Security

8.1 Subscriber Role; Laws

Company Leads may contain PII (e.g., names, addresses, phone numbers, property details). You act as an independent data controller (or equivalent under applicable law) for PII you receive and must comply with all data protection laws (e.g., CCPA/CPRA, state privacy laws, and if applicable GDPR).

8.2 Subscriber Obligations

You shall:

• Implement reasonable technical and organizational security to protect PII; limit access to authorized personnel.
• Use PII only for legitimate business purposes consistent with this Agreement (e.g., restoration, insurance adjustment, real estate investment, or legal services).
• Retain PII only as necessary and securely delete or anonymize when no longer needed or upon lawful request.
• Not share login credentials or allow unauthorized access; create individual logins for team users where available.
• Promptly notify Company of any security incident involving PII accessed via the Services.
• Honor consumer privacy rights where applicable (e.g., deletion, access).

8.3 Third-Party Data Sources & Limitations

Company aggregates data from the following third-party sources:

• Public safety data sources: Fire incident dispatch data from fire departments nationwide
• Third-party data services: Property owner contact info lookups
• Email service providers: Email notification delivery
• Public Records: Government databases and public information

Company may disclose Subscriber information as required by law, subpoena, or court order.

8.4 Privacy Policy; DPA

The Privacy Policy (linked on the site) is incorporated herein. If GDPR or similar regimes apply, the parties will execute a Data Processing Addendum as needed.

8.5 Owner Contact Data Compliance

Owner contact data is provided "as is" from third-party data services and may contain:

• Outdated contact information (disconnected numbers, old addresses)
• Incomplete records (missing phone/email)
• Numbers on Do-Not-Call (DNC) registries
• Wireless numbers requiring TCPA consent

YOU ARE SOLELY RESPONSIBLE FOR:

• Verifying contact information before use
• Scrubbing against DNC registries (we provide litigator scrubbing, not DNC)
• Obtaining proper consent under TCPA before calling/texting
• Complying with all telemarketing and privacy laws

We do not guarantee owner contact data is current, accurate, or legally compliant for your intended use.

8.6 Regulatory Disclaimers (FCRA, DPPA, GLBA)

9. Account Security; Rate Limits; Unauthorized Access

• Use strong, unique passwords and (if available) two-factor authentication.
• Do not share credentials outside Authorized Users. You are responsible for all use under your account.
• Company may throttle, audit, or suspend for excessive usage, scraping, suspicious activity, or export patterns beyond plan limits.
• You are liable for losses arising from your failure to secure credentials.

10. Payment Terms; Refunds; Cancellations; Credits & Overage

10.1 Recurring Billing; Authorization

Plans are billed in advance on a recurring basis each Billing Cycle via our payment processors. By subscribing, you authorize recurring charges to your payment method until cancellation.

10.2 No Refunds; Tier Changes

Except where required by law, all fees are non-refundable. Specifically:

• No refunds for partial Billing Cycles or unused time
• No refunds for unused contact lookup credits (they expire at cycle end)
• No refunds when downgrading tiers mid-cycle

TIER CHANGES:

• Upgrades: You will be charged the prorated difference immediately; new tier features activate immediately; subscription renews at new tier price
• Downgrades: Downgrade takes effect at END of current Billing Cycle; you retain current tier access until then; NO refunds for the price difference
• Unused Credits: Do NOT transfer when downgrading; Credits reset to new tier allocation at next renewal

10.3 Free Trials (If Offered)

Trials auto-convert to paid subscriptions unless canceled before the trial ends. Canceling during trial ends access immediately; no refunds.

10.4 Cancellation by Subscriber

You may cancel at any time via the Dashboard or by emailing info@firstleads.ai. Cancellation is effective at the end of the current Billing Cycle; access continues until then. No prorated refunds.

10.5 Failed Payments

Failed payments may result in immediate suspension. Accounts may be terminated after 10 days of non-payment. You remain liable for amounts due and collection costs.

10.6 Billing Disputes

Disputes must be submitted to info@firstleads.ai within 30 days of the charge, with transaction details. We will respond within 10 business days. Pay undisputed amounts while a dispute is pending.

10.7 Credits & Overage (Contact Lookups)

• Credits allocate per Billing Cycle and do not roll over. Unused Credits expire at cycle end.
• When Credits are exhausted, additional contact lookups may incur overage fees at then-current rates.
• Auto Top-Up: You may opt-in for automatic packs of extra Credits billed via our payment processors when your balance falls below a threshold.
• No refunds for unused or partially used Credits or top-ups.

10.8 Price Changes

We may change prices on 30 days' notice. New pricing applies at your next renewal; you may cancel before it takes effect.

10.9 California Automatic Renewal Law (ARL) Compliance

11. Service Availability, Data Quality & Disclaimers

11.1 Service Level Agreement (SLA)

We target 99.5% uptime for the Services, measured monthly, excluding:

• Scheduled maintenance windows (announced 48 hours in advance when possible)
• Force majeure events (Section 11.2)
• Third-party service outages (fire incident data providers, data services, email providers, payment processors, hosting providers)
• Internet or network infrastructure issues beyond our control
• Issues caused by your equipment, software, or internet connection

No Guarantee: We use commercially reasonable efforts but do not guarantee 100% uptime, availability, response time, minimum lead counts, geographic coverage, or support timelines. Uptime targets are goals, not warranties. No service credits or refunds are provided for downtime.

11.2 Force Majeure

11.3 Data Limitations

• Not all incidents are captured; public sources vary by jurisdiction
• Data may be delayed, incomplete, duplicated, or incorrect
• Some incidents are false alarms or not restoration-relevant
• Phone numbers may be disconnected or on DNC lists

11.4 AS IS / AS AVAILABLE

The Services and Company Leads are provided "as is" and "as available," without warranties of any kind (express or implied), including merchantability, fitness for a particular purpose, title, accuracy, non-infringement.

No Credits/Remedies: We do not provide refunds or credits for inaccurate, outdated, low-volume, duplicate, or non-converting leads, service downtime, or changes in public data availability.

11.5 AI-Powered Damage Estimates Disclaimer

12. Beta Features; Feedback License

12.1 Beta or Preview

We may offer beta, trial, or preview features ("Beta Features"). Beta Features are experimental, may change, and are provided as is without warranties. We may discontinue Beta Features at any time.

12.2 Feedback

If you provide ideas, suggestions, or feedback, you grant Company a perpetual, worldwide, irrevocable, royalty-free license to use and commercialize such feedback without restriction or attribution.

13. Third-Party Services

The Services may integrate with third-party tools, data providers, or processors (e.g., payment processors, SMS/email gateways). Those services are governed by their own terms and privacy policies. Company is not liable for third-party actions or outages.

14. Term; Suspension; Termination

14.1 Term

This Agreement begins upon your first use and continues until terminated. We may suspend or terminate immediately for Prohibited Uses, non-payment, suspected misuse, or legal risk. You may terminate by canceling as described in Section 10.4.

14.2 Post-Termination Obligations; Data Deletion

Upon termination or expiration of this Agreement for any reason, Subscriber shall, within thirty (30) days:

• Cease all access to and use of the Services and Company Leads.
• Permanently delete or anonymize all Company Leads, Contact Data, and other Services output in Subscriber's possession or control, including all copies stored in CRMs, spreadsheets, marketing platforms, dialer systems, integrations, and backups.
• Cease any Tracking Marker-bearing data from further use or distribution.
• Upon Company's written request, deliver a written certification, signed by an officer of Subscriber, attesting that the foregoing deletion has been completed.

Subscriber may retain (i) records reasonably necessary to complete in-flight customer engagements documented to Company in writing prior to termination, and (ii) records required to be retained by applicable law, in each case subject to continuing confidentiality obligations.

14.3 Survival

Sections that by their nature should survive termination shall do so, including without limitation Sections 4.2, 4.3, 4.4, 6, 7, 8, 9, 10.2, 11–19, 14.2, 26, and 27. Confidentiality, indemnification, payment, and liquidated-damages obligations survive termination.

15. Indemnification

You shall indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services or Company Leads; (b) your violation of this Agreement; (c) your violation of Communications Laws (TCPA/TSR/etc.), privacy/data laws, or other applicable laws; (d) your customer communications or marketing practices; (e) any PII security incident within your control.

16. Limitation of Liability

16.1 General Limitations

To the maximum extent permitted by law:

• Indirect Damages: Company is not liable for any indirect, incidental, special, consequential, exemplary, punitive, or lost profit damages, even if advised of the possibility.
• Cap: Subject to Section 16.2, Company's aggregate liability arising from or relating to the Services shall not exceed the fees paid by you to Company in the twelve (12) months preceding the claim.

These limits apply to the fullest extent permitted by law and form an essential basis of the bargain.

16.2 Exceptions to Limitation (Carve-Outs)

Notwithstanding Section 16.1, the limitations of liability in this Section 16 shall NOT apply to, and Subscriber shall be fully liable for, the following:

• Subscriber's breach of Section 4.2 (License Restrictions) or Section 4.4 (Tracking & Watermarking).
• Subscriber's breach of Section 6 (Prohibited Uses), including without limitation signing up for, accessing, sharing, or relaying Services output to any competitor or party developing or operating a competing product or service.
• Subscriber's breach of Section 7 (Communications Laws — TCPA, TSR, DNC, CAN-SPAM, etc.).
• Subscriber's breach of Section 8 (Data Privacy & PII Handling), including the regulatory disclaimers in Section 8.6.
• Subscriber's breach of Section 26 (Confidentiality).
• Subscriber's indemnification obligations under Section 15.
• Infringement or misappropriation of Company's intellectual property rights.
• Subscriber's gross negligence, willful misconduct, or fraud.
• Amounts owed by Subscriber to Company under Section 10 (fees, overage charges, collection costs, and related amounts).

16.3 Liquidated Damages

17. Dispute Resolution: Arbitration & Class Action Waiver

17.1 Agreement to Arbitrate

Except as provided below, any dispute arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

17.2 Venue; Exceptions

Arbitration will occur in San Francisco County, California, or in your county if AAA rules require. Either party may bring qualifying claims in small claims court. Actions for injunctive relief for misuse of data, confidentiality breaches, or IP infringement may be brought in court.

17.3 Class Action Waiver

All claims must be brought individually. No class, collective, or representative actions or arbitrations are permitted.

17.4 Opt-Out

You may opt out of arbitration by emailing info@firstleads.ai within 30 days of account creation with subject line "Arbitration Opt-Out," and your name, account email, and a statement that you opt out. If you opt out, venue and jurisdiction shall be as in Section 18.

17.5 Fees; Award

Each party bears its own attorneys' fees unless the arbitrator awards otherwise if permitted by law. The arbitrator's award is final and may be entered in any court of competent jurisdiction.

18. Governing Law; Venue (If Arbitration Unavailable)

This Agreement is governed by the laws of the State of California, without regard to conflicts rules. If arbitration is found unenforceable, the exclusive venue for litigation is the state or federal courts in San Francisco County, California, and the parties consent to personal jurisdiction there.

19. Export Control & International Use

You must comply with all applicable export control and sanctions laws. You shall not use or permit the Services to be used in or by prohibited jurisdictions or denied parties.

20. Notices

21. Entire Agreement; Assignment; Waiver; Severability

• Entire Agreement: This Agreement, the Privacy Policy, and any duly executed addenda (e.g., DPA) constitute the entire agreement and supersede all prior or contemporaneous agreements.
• Assignment: You may not assign this Agreement without our prior written consent. We may assign to an affiliate or successor.
• No Waiver: Failure to enforce any provision is not a waiver. Any waiver must be in writing.
• Severability: If any provision is unenforceable, it shall be modified to the minimum extent necessary; the remainder remains in effect.

22. Industry-Specific Compliance & Anti-Discrimination

If you use the Services for real estate, housing, lending, or credit-related activities, you agree to comply with applicable Fair Housing, Equal Credit Opportunity, UDAP/UDAAP, and related anti-discrimination laws. You will not use the data in a discriminatory or unlawful manner.

23. No Professional Advice

The Services and Company Leads are informational only and do not constitute legal, financial, or professional advice. You are solely responsible for your decisions and compliance.

24. Accessibility Statement

FirstLeads is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

24.1 Conformance Goal

We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. These guidelines explain how to make web content more accessible for people with disabilities and improve usability for all users.

24.2 Measures to Support Accessibility

• Include accessibility as part of our internal policies and design process
• Provide continual accessibility training for our staff
• Employ formal accessibility quality assurance methods
• Use semantic HTML markup to enhance screen reader compatibility
• Ensure keyboard navigation throughout the Services
• Maintain sufficient color contrast ratios for readability

24.3 Feedback & Contact

We welcome your feedback on the accessibility of FirstLeads. If you encounter accessibility barriers or have suggestions for improvement:

• Email: accessibility@firstleads.ai
• Subject Line: "Accessibility Issue - [Brief Description]"
• Response Time: We aim to respond within 5 business days

24.4 Remediation Timeline

When accessibility issues are reported, we prioritize remediation as follows:

• Critical Issues: Preventing core functionality - remediated within 7 business days
• High Priority: Significantly impacting user experience - remediated within 30 days
• Medium Priority: Minor usability issues - remediated within 90 days

24.5 Alternative Access Methods

If you require information from the Services in an alternative format (such as accessible PDFs, large print, or audio), please contact accessibility@firstleads.ai. We will work with you to provide the information in a format that meets your needs.

24.6 Third-Party Content

Some content on the Services may be provided by third parties (e.g., maps from mapping services). We strive to ensure third-party content is accessible but cannot guarantee accessibility of all third-party services. If you encounter accessibility issues with third-party content, please notify us.

24.7 Ongoing Efforts

Accessibility is an ongoing effort. We regularly review and update the Services to improve accessibility and remain compliant with evolving standards and regulations, including the Americans with Disabilities Act (ADA).

25. SMS/Text Message Terms & Consent

25.1 How You Opt-In to SMS Messages

By voluntarily adding a phone number in your FirstLeads account settings and completing the verification process, you are providing your express written consent to receive SMS text messages from FirstLeads at the phone number you provided.

25.2 Your Consent Statement

25.3 Types of Messages You Will Receive

After opting in and verifying your phone number, you may receive the following types of SMS messages:

• Verification Codes: One-time passcodes (OTP) to verify your phone number when adding it to your account
• Instant Fire Alerts: Real-time notifications when a fire incident matches your saved search criteria (Pro and Premium plans only)
• Daily Digest: A summary of fire incidents matching your saved searches from the past 24 hours
• Weekly Digest: A summary of fire incidents matching your saved searches from the past 7 days

25.4 Message Frequency

Message frequency varies based on your notification settings and the number of fire incidents matching your saved search criteria:

• Instant Alerts: May be sent in real-time as incidents occur (frequency depends on fire activity in your monitored areas)
• Daily Digests: Sent once per day at your chosen time
• Weekly Digests: Sent once per week on your chosen day
• Verification Codes: Sent only when you add or update your phone number

25.5 How to Opt-Out (Stop Messages)

You may opt out of SMS messages at any time using any of these methods:

• Reply STOP to any SMS message you receive from us
• Remove your phone number from your account settings at Account Settings
• Disable SMS notifications for individual saved searches in notification preferences
• Contact us at info@firstleads.ai with subject line "SMS Opt-Out"

After opting out, you will receive a one-time confirmation message. You may opt back in at any time by re-adding and verifying your phone number.

25.6 Message and Data Rates

Message and data rates may apply. SMS messages are sent using standard messaging protocols. Your mobile carrier's standard messaging rates will apply to messages you receive from us. Please contact your mobile carrier for details about your specific messaging plan and any applicable charges.

25.7 Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network operator and is not guaranteed. FirstLeads is not responsible for any delays or failures in message delivery caused by your mobile carrier, network issues, phone settings, or other factors outside our control.

25.8 Privacy

Your phone number and SMS preferences are handled in accordance with our Privacy Policy:

• We do not sell, rent, or share your phone number with third parties for marketing purposes
• Phone numbers are used solely for delivering the SMS notifications you have requested
• We use industry-standard security measures to protect your phone number
• You may request deletion of your phone number at any time

25.9 Help

For help with SMS messages, reply HELP to any message or contact info@firstleads.ai. You may also visit our FAQ page for common questions about our SMS service.

26. Confidentiality

26.1 Definition

"Confidential Information" means all non-public information disclosed by or on behalf of Company to Subscriber under or in connection with the Services, whether disclosed in writing, orally, visually, electronically, or by any other means, that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances. Confidential Information includes, without limitation:

• Company Leads, Contact Data, and all Services output.
• The Software, its underlying source code, architecture, algorithms (including damage estimation models), data structures, schemas, and APIs.
• Dashboards, screenshots, video recordings, screen-shares, and any user-interface artifacts of the Services.
• Pricing not publicly listed on Company's website, including custom pricing and discounts.
• Beta, alpha, preview, or unreleased features (collectively, "Beta Information"), and product roadmaps.
• Security policies, credentials, API keys, and infrastructure details.
• Tracking Marker schemes and detection methodologies.

26.2 Obligations

Subscriber shall:

• Use Confidential Information solely to exercise rights and perform obligations under this Agreement.
• Protect Confidential Information using the same degree of care it uses for its own confidential information of like importance, but in no event less than reasonable care.
• Not disclose Confidential Information to any third party except to Authorized Users with a bona fide need to know who are bound by written confidentiality obligations no less protective than this Section.
• Not publish, post, display, distribute, broadcast, screenshot, record, screen-share, or otherwise make available any Confidential Information, including via social media, blog posts, podcasts, webinars, comparison materials, sales decks, or marketing collateral.
• Not use Confidential Information, directly or indirectly, to develop, design, market, or operate any competing product or service.

26.3 Exclusions

Confidential Information does not include information that Subscriber can demonstrate by contemporaneous written records: (a) was publicly known at the time of disclosure through no breach of this Agreement; (b) becomes publicly known after disclosure through no breach by Subscriber or its Authorized Users; (c) was rightfully in Subscriber's possession prior to disclosure without confidentiality obligation; or (d) is independently developed by Subscriber without reference to or use of Confidential Information.

26.4 Compelled Disclosure

If Subscriber is compelled by law, subpoena, or court order to disclose Confidential Information, Subscriber shall, where legally permitted, provide Company with prompt prior written notice and reasonable cooperation to enable Company to seek a protective order or other appropriate remedy. Subscriber shall disclose only the minimum Confidential Information legally required.

26.5 Beta Information

All Beta Information is Confidential Information regardless of whether it is marked as such. Subscriber shall not disclose the existence of, features of, performance of, or its participation in any beta, alpha, or preview program without Company's prior written consent.

26.6 Injunctive Relief

Subscriber acknowledges that any breach of this Section will cause Company irreparable harm for which monetary damages alone are inadequate, and that Company is entitled to seek injunctive and other equitable relief, in addition to all other remedies available at law or in equity (including the liquidated damages in Section 16.3), without the requirement of posting a bond.

26.7 Survival

Confidentiality obligations survive termination of this Agreement indefinitely with respect to trade secrets, and for five (5) years with respect to other Confidential Information.

27. Compliance Audit Rights & Certification

27.1 Audit Rights

Company may, no more than once per calendar year and on at least ten (10) business days' prior written notice (or immediately upon Company's reasonable suspicion of a material breach), audit Subscriber's use of the Services and Company Leads to verify compliance with this Agreement. Audits will be conducted during normal business hours, in a manner that does not unreasonably interfere with Subscriber's operations, and may be conducted by Company personnel or by an independent third-party auditor bound by confidentiality.

27.2 Scope

Audits may include reasonable inspection of:

• Subscriber's records of Company Leads received, used, disclosed, retained, or deleted.
• Subscriber's marketing campaigns, dialer logs, contact lists, suppression lists, and consent records relating to Company Leads.
• Subscriber's data security practices and access controls applicable to Company Leads.
• Interviews with Authorized Users and personnel with access to Company Leads.
• Systems, integrations, and third-party tools into which Company Leads have been imported.

27.3 Records Retention

Subscriber shall maintain accurate and complete records of its receipt, use, disclosure, retention, and deletion of Company Leads for at least three (3) years following the date of the relevant activity, and shall make such records available to Company upon reasonable request in connection with an audit.

27.4 Compliance Certification

Upon Company's written request (no more than twice per calendar year, or more frequently upon reasonable suspicion of breach), Subscriber shall, within fifteen (15) business days, provide a written certification, signed by an officer or principal of Subscriber, attesting under penalty of perjury to Subscriber's compliance with this Agreement, including the prohibitions in Section 6, the regulatory disclaimers in Section 8.6, the confidentiality obligations in Section 26, and the data deletion obligations in Section 14.2 (if applicable).

27.5 Costs; Findings

Each party bears its own costs of cooperating with audits. However, if an audit reveals a material breach of this Agreement, Subscriber shall reimburse Company for all reasonable costs of the audit (including third-party auditor fees and attorneys' fees), in addition to any other remedies available to Company under this Agreement or applicable law.

28. Contact; Support

For questions about these Terms, billing, or compliance, contact info@firstleads.ai.