Terms &
Conditions

1.1 “Service” means the conversational audience-building software offered by TDTM at talkdatatome.online, including any APIs, dashboards, chatbots, file delivery, and analytics components that comprise it.

1.2 “Audience Record” means a single consumer or property record delivered by the Service, including such fields as first name, last name, mailing address, city, state, ZIP, and contact information where available.

1.3 “Audience List” means a set of Audience Records returned by the Service in response to a Subscriber-defined query.

1.4 “Data” collectively refers to all Audience Lists and Audience Records delivered by the Service.

2.1 The Service builds targeted Audience Lists from a licensed national identity-graph dataset, based on filters the Subscriber specifies through the conversational interface or API.

2.2 Data is provided “AS IS” without any express or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.

2.3 Subscriber understands that contactability, responsiveness, conversion rate, and individual data accuracy are inherently variable and cannot be guaranteed by TDTM. The presence of a record in an Audience List indicates only that the record matched the Subscriber-defined filters at the time of the pull.

3.1 Subscriber shall comply with all applicable federal, state, and local laws and regulations governing outreach to consumers, including but not limited to:

• (a) Telephone Consumer Protection Act (TCPA);
• (b) Telemarketing Sales Rule (TSR);
• (c) CAN-SPAM Act;
• (d) Federal and applicable State Do Not Call (“DNC”) requirements;
• (e) Any industry-specific advertising, solicitation, or licensing rules that apply to Subscriber's vertical;
• (f) Applicable privacy regimes (CCPA/CPRA, GDPR, state-level analogs).

3.2 Subscriber acknowledges and agrees that Subscriber is solely responsible for compliance, including all TCPA consent verification and DNC scrubbing before any outbound contact.

3.3 TDTM disclaims any responsibility for Subscriber's compliance obligations.

4.1 Due to the digital and non-returnable nature of the Data, all per-record overage charges and one-time pull deliveries are final and non-refundable once delivered.

4.2 Recurring subscription plans may be canceled at any time through the customer portal or via written request to support; cancellation prevents future charges but does not refund the current billing period.

4.3 Monthly record caps are enforced by the Service. If overage billing is enabled on Subscriber's account, additional records pulled above the cap are billed per-record at the rate disclosed at the time of overage.

5.1 TDTM makes no guarantee, representation, or warranty regarding:

• (a) The likelihood that any specific Audience Record will respond to outreach;
• (b) Contact or response rates from outreach to the Data;
• (c) Conversion rates, bookings, or signed contracts; or
• (d) The overall performance of any marketing, sales, or outreach campaign using the Data.

5.2 Subscriber accepts full responsibility for all outcomes resulting from use of the Data, including but not limited to the cost of any outreach, advertising, or fulfillment activities.

6.1 In no event shall TDTM, its owners, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, revenue, data, goodwill, or business opportunities.

6.2 TDTM's aggregate liability for any claim shall not exceed the total amount paid by Subscriber to TDTM in the three (3) months preceding the event giving rise to the claim.

7.1 Upon successful payment, Subscriber is granted a limited, non-exclusive, non-transferable license to use the Data solely for Subscriber's own internal marketing, sales, outreach, and analytics.

7.2 Subscriber shall not resell, relicense, redistribute, share with other businesses, or otherwise transfer the Data without the prior written consent of TDTM.

7.3 All underlying database content, identity-graph data, and the Service itself remain the property of TDTM and its data providers.

8.1 Data is delivered electronically as a CSV attachment to the email address associated with Subscriber's account.

8.2 Typical delivery time after submission is 1–5 minutes, but may vary based on warehouse warm-up state, list size, and applied filters.

8.3 Subscriber is responsible for ensuring the destination email inbox can receive attachments up to 25 MB and that emails from @talkdatatome.online are not filtered to spam.

9.1 Subscriber agrees to defend, indemnify, and hold harmless TDTM, its owners, employees, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• (a) Subscriber's use of the Data, including any outreach to records included in any Audience List;
• (b) Subscriber's breach of this Agreement; or
• (c) Subscriber's violation of any applicable law or regulation, including TCPA, DNC, or industry-specific rules.

10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict-of-law principles.

10.2 The Parties agree that any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Douglas County, Colorado.

11.1 TDTM reserves the right to amend or modify this Agreement at any time, with such modifications effective upon posting to talkdatatome.online.

11.2 Subscriber's continued use of the Service following such modifications constitutes acceptance of the updated Agreement.

12.1 This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior or contemporaneous agreements, whether written or oral.

12.2 No waiver or modification of any provision shall be effective unless in writing and signed by both Parties.