Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a binding legal agreement between you ("Customer," "User," or "You") and Kiter, Inc. ("Company," "We," or "Us"), the operator of this website and provider of the data products sold herein.

By purchasing, downloading, or accessing any Data, Lists, or Digital Content (collectively, "Data") from this site, you agree to be bound by these Terms. If you do not agree to these Terms, do not purchase or download the Data.

2. Nature of Digital Goods & Refund Policy

2.1 All Sales Are Final

You acknowledge that the Data provided by Kiter, Inc. is a non-tangible, irrevocable digital good. Due to the immediate accessibility of the Data upon purchase, all sales are final and non-refundable. We do not provide cash refunds for "buyer's remorse," "change of mind," or inadvertent purchases once the download link has been generated or the file has been sent.

2.2 Sample Data & "As-Is" Acceptance

We provide representative Sample Data for all our lists prior to purchase. By completing your transaction, you acknowledge and warrant that:

• (a) You have reviewed the Sample Data provided;
• (b) You are satisfied that the Sample Data accurately reflects the format, column headers, and general quality of the full Database; and
• (c) You accept the full Database "AS IS" based on your inspection of the Sample.

You hereby waive any right to dispute the purchase or file a chargeback based on claims that the Data format, structure, or general content does not meet your expectations, as these characteristics were verifiable via the Sample prior to purchase.

3. Data Accuracy Guarantee

While we do not offer cash refunds, we stand behind the quality of our Data with a 95% Accuracy Guarantee.

3.1 Guarantee Scope

This guarantee applies strictly to Hard Bounces (invalid email addresses returning an SMTP 5xx error code). It does not cover:

• "Soft Bounces" (full mailboxes, server timeouts, spam filters).
• Low open rates or click-through rates (which rely on your content/reputation).
• Missing fields that were not present in the Sample Data.

3.2 Remedy: Replacement Credits

If you experience a Hard Bounce rate exceeding 5% of the total records purchased:

• You must submit a full bounce log (SMTP error report) to our support team within 14 days of purchase.
• Upon verification of the errors, Kiter, Inc. will provide Replacement Data (new records) at a 1:1 ratio for every Hard Bounce detected above the 5% threshold.

This replacement remedy is your sole and exclusive remedy for data accuracy issues. Cash refunds will not be issued.

4. License & Permitted Use

4.1 Limited License

Kiter, Inc. grants you a non-exclusive, non-transferable, perpetual license to use the Data for your internal business purposes, specifically for direct marketing and sales prospecting.

4.2 Prohibited Uses

You agree NOT to:

• Resell, sublicense, distribute, publish, or share the Data with third parties or public repositories.
• Use the Data to spam, harass, or violate the privacy rights of any individual.
• Use the Data in violation of the CAN-SPAM Act (USA), GDPR (Europe), CASL (Canada), or any other applicable marketing laws.

5. Compliance & Indemnification

5.1 Marketing Compliance

You are solely responsible for ensuring your use of the Data complies with all applicable laws. You acknowledge that Kiter, Inc. is a data aggregator and does not execute marketing campaigns on your behalf.

5.2 Indemnification

You agree to indemnify, defend, and hold harmless Kiter, Inc., its officers, directors, and affiliates from any claims, liabilities, damages, or expenses (including legal fees) arising from:

• (a) Your violation of these Terms;
• (b) Your violation of any third-party rights, including privacy rights; or
• (c) Your use of the Data for unlawful marketing activities.

6. Dispute Resolution

6.1 Mandatory Arbitration

Any dispute arising out of or relating to these Terms or your purchase shall be resolved through binding arbitration in the State of Delaware, rather than in court.

6.2 Chargeback Abuse

You agree that you will not initiate a chargeback with your payment provider for validly delivered Data. If you initiate a chargeback in violation of these Terms (e.g., claiming "Item Not As Described" after accepting the Sample), Kiter, Inc. reserves the right to:

• (a) Dispute the chargeback using your Sample acceptance logs as evidence;
• (b) Ban your account and corporate domain from our platforms; and
• (c) Report your identity to industry fraud prevention networks.