Terms of Service

By accessing or using any services provided by MXM Intent ("MXM Intent," "we," "us," or "our"), including our website, APIs, data products, platform tools, and any related services (collectively, the "Services"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use the Services.

"Data Products" means consumer records, business contact data, intent signals, audience segments, and any other data made available through the Services. "Platform" refers to MXM Intent's web application, APIs, dashboards, and tools used to access, query, build audiences, and export Data Products. "Authorized Users" means individuals authorized by Customer to access the Services under Customer's account. "Order Form" means any written or electronic agreement, quote, or subscription confirmation specifying the Services, pricing, and usage limits applicable to Customer. "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

To use certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security and confidentiality of your login credentials.
• Promptly notify MXM Intent of any unauthorized use of your account.
• Accept responsibility for all activities that occur under your account.

MXM Intent reserves the right to suspend or terminate accounts that violate these Terms, contain inaccurate information, or pose security risks.

MXM Intent provides a data intelligence platform that enables businesses to:

• Access and query consumer and business data profiles.
• Build targeted audience segments for marketing and sales campaigns.
• Identify website visitors and match them to known profiles.
• Receive real-time buyer intent signals.
• Enrich existing CRM and marketing data.
• Export data and integrate with third-party platforms via API.

The specific features, data volumes, and capabilities available to you depend on your subscription plan and any applicable Order Form.

You agree to use Data Products obtained through the Services solely for its own lawful, internal business purposes, including but not limited to marketing, sales outreach, analytics, and audience targeting. You shall NOT:

• Use Data Products for any purpose that violates applicable federal, state, or local laws, including but not limited to the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state privacy laws.
• Use Data Products for credit, insurance, employment, housing, or tenant screening decisions.
• Resell, sublicense, or redistribute Data Products to third parties without prior written consent from MXM Intent.
• Use Data Products to stalk, harass, discriminate against, or harm any individual.
• Attempt to re-identify anonymized or aggregated data to identify specific individuals beyond the intended scope.
• Use automated means to scrape, crawl, or extract data from the Platform beyond authorized API usage.

MXM Intent's Data Products are NOT consumer reports under the FCRA and may not be used as such.

You are solely responsible for ensuring that your use of the Services and Data Products complies with all applicable laws and regulations, including but not limited to:

• CAN-SPAM Act — You must comply with all requirements for commercial email, including honoring opt-out requests within 10 business days.
• TCPA — You must obtain proper consent before making telemarketing calls or sending text messages using Data Products.
• CCPA/CPRA — If applicable, you must provide required notices, honor consumer opt-out requests, and maintain appropriate data processing agreements.
• State Privacy Laws — You must comply with all applicable state privacy laws including those in Virginia, Colorado, Connecticut, Utah, and other jurisdictions.
• Do Not Call (DNC) — You must scrub Data Products against federal and state Do Not Call registries before initiating telemarketing.

Failure to comply with applicable laws may result in immediate suspension or termination of your account and access to the Services.

Subscription Plans. The Services are offered under various subscription plans as described on our Pricing page or in an applicable Order Form. Plan details, including data volume limits, feature access, and pricing, are specified at the time of purchase.

Payment Terms. All fees are due in accordance with the billing cycle specified in your subscription or Order Form.

No Refund Policy. All fees and payments made to MXM Intent are final and non-refundable. This includes, without limitation, subscription fees (monthly or annual), setup fees, data package fees, direct mail fees, professional services fees, and any other charges. We do not offer refunds, credits, or pro-rated refunds for any reason, including but not limited to: (a) unused portions of a subscription term, (b) cancellation or termination of an account before the end of a billing cycle, (c) downgrade of a subscription plan, (d) dissatisfaction with the Services, (e) failure to use the Services, or (f) account suspension or termination for breach of these Terms. MXM Intent does not offer free trials, money-back guarantees, or evaluation periods. By purchasing a subscription or any Service, you expressly acknowledge and agree to this No Refund Policy. Exceptions may be made only where required by applicable law.

Late or Unpaid Payments. Overdue balances may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. MXM Intent may suspend Services for accounts with overdue balances exceeding 15 days. As to amounts that remain unpaid for 60 days or more, and after our provision of written notice of non-payment, you additionally agree to reimburse us for all reasonable costs of collection, including attorneys' fees.

Taxes. All fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, or other taxes arising from your use of the Services.

Price Changes. MXM Intent may modify pricing with at least 30 days' prior written notice. Price changes take effect at the start of the next billing cycle.

MXM Intent IP. The Services, Platform, underlying technology, algorithms, models, documentation, and all related Intellectual Property are and remain the exclusive property of MXM Intent. Nothing in these Terms grants you ownership rights in the Services.

License Grant. Subject to your compliance with these Terms, MXM Intent grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your subscription term solely for your internal business purposes.

Customer Data. You retain all rights to data you upload to the Platform ("Customer Data"). You grant MXM Intent a limited license to process Customer Data solely to provide the Services.

Feedback. If you provide suggestions, ideas, or feedback about the Services, MXM Intent may use such feedback without obligation or compensation to you.

Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to third parties except as necessary to perform obligations under these Terms. "Confidential Information" includes pricing, technical specifications, business strategies, customer lists, and any information marked as confidential.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or regulation.

Limited Warranty. MXM Intent warrants that the Services will perform materially in accordance with the applicable documentation during your subscription term.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES AND DATA PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." MXM INTENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.

MXM Intent does not warrant that: (a) the Services will be uninterrupted or error-free; (b) Data Products will be 100% accurate, complete, or current; or (c) the Services will meet all of your requirements.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Exclusion of Damages. IN NO EVENT SHALL MXM INTENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

Liability Cap. MXM INTENT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO MXM INTENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if MXM Intent has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless MXM Intent, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services or Data Products.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your infringement of any third-party rights.
• Any data you upload or transmit through the Services.

Term. These Terms are effective upon your first use of the Services and continue until terminated.

Termination for Convenience. Either party may terminate these Terms by providing 30 days' written notice to the other party. Termination does not entitle you to a refund of prepaid fees unless otherwise specified in an Order Form.

Termination for Cause. MXM Intent may terminate or suspend your access immediately if you: (a) breach these Terms; (b) fail to pay fees when due; (c) use the Services in violation of applicable law; or (d) engage in activity that threatens the security or integrity of the Services.

Effect of Termination. Upon termination: (a) your right to access the Services immediately ceases; (b) you must destroy all copies of Data Products in your possession; (c) MXM Intent may delete your account and Customer Data after a 30-day grace period; (d) all accrued payment obligations survive termination.

MXM Intent implements commercially reasonable administrative, technical, and physical safeguards to protect the Services and Data Products from unauthorized access, use, or disclosure. These measures include but are not limited to:

• Encryption of data in transit (TLS 1.2+) and at rest (AES-256).
• Role-based access controls and authentication mechanisms.
• Regular security assessments and vulnerability scanning.
• Incident response procedures and breach notification protocols.

While MXM Intent takes security seriously, no method of transmission or storage is 100% secure. You acknowledge and accept the inherent risks of electronic data transmission.

MXM Intent reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For material changes affecting your subscription, we will provide at least 30 days' advance notice via email or in-platform notification.

Your continued use of the Services after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Arbitration. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The arbitrator's decision shall be final and binding.

Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exceptions. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its Intellectual Property rights.

Entire Agreement. These Terms, together with any applicable Order Form and Privacy Policy, constitute the entire agreement between the parties regarding the Services.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. No failure or delay by either party in exercising any right shall constitute a waiver of that right.

Assignment. You may not assign or transfer these Terms without MXM Intent's prior written consent. MXM Intent may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Force Majeure. Neither party shall be liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, acts of government, pandemics, or internet disruptions.

Notices. All notices must be in writing and sent to the addresses specified in the applicable Order Form, or to support@mxmintent.com for MXM Intent.

a. Each party shall comply with all applicable privacy laws. Customer shall not provide any Customer Data where doing so would violate its own posted privacy notices or policies, or any obligation it owes to any third party.

b. Each party shall post on its website a privacy policy that complies with all applicable privacy laws, as well as an easily accessible and legally compliant manner in which a consumer may "opt out" of its personal information being used for purposes of the Data Products.

c. Certain laws may be interpreted in ways that require that Customer provide notice to, or obtain consent from a consumer in order to process their personal information in relation to the Data Products. Customer understands and acknowledges that MXM Intent recommends that it post a web banner or similar notice on any website from which personal information is collected for purposes of the Services containing the below or substantively similar language:

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or online profiles. We (or service providers on our behalf) may then send communications and marketing to these emails or profiles. You may opt out of receiving this advertising by visiting https://mxmintent.com/opt-out [or Customer may insert a different opt-out method facilitated by Customer].

The foregoing, and any other recommendation provided by MXM Intent, does not constitute and shall not substitute for legal advice.

a. Each Party as a "Controller." Each party is and shall act as a "controller" (and a "business" for purposes of the California Consumer Privacy Act or "CCPA") with respect to the Data Products, when the Data Products are in their possession. As such, the following terms apply to the Data Products:

• (i) Without limitation of other restrictions in the Agreement, Customer shall only use the Data Products as set forth in Section 5 of the Agreement (as supplemented by any applicable Order), and not for any other purpose.
• (ii) Should Customer or Customer's End Customers employ such pseudonymous information to derive PII (such as to determine the name or email address of an individual based on a mobile or online identifier), Customer acknowledges that MXM Intent recommends that affected consumers be provided with prominent notice that such data combination or usage is occurring (such as through an appropriately worded web banner). MXM Intent may recommend language for such disclosures, provided that Customer and End Customers shall not rely on such language as or as a substitute for legal advice, and Customer shall (notwithstanding the above) be solely responsible for its own disclosures and solely liable for any errors or omissions in its disclosures.
• (iii) Each Party shall ensure that it has provided legally sufficient consumer notice and choice mechanisms, including (as to California residents) providing "opt out" and "notice at collection" disclosures and mechanisms in compliance with the California Consumer Privacy Act and the California Privacy Rights Act (together the "CCPA") and other applicable state privacy laws.
• (iv) In the event MXM Intent receives requests for personal information "deletion" from a consumer, MXM Intent may have an obligation to provide same to Customer, in which case it will provide access to such "deletions" through credentials to an AWS S3 bucket or a similar method. Customer shall in turn comply with such requests, to the extent required under applicable law (such as, without limitation, the CCPA). Customer will have responsibility for ensuring the end customer's compliance with this section through contractual provisions requiring same.
• (v) MXM Intent may take reasonable and appropriate steps to ensure that the Customer uses the Data Products as set forth above and solely in compliance with the CCPA, and upon reasonable notice, may take reasonable and appropriate steps to remediate Customer's unauthorized use of the Data Products.
• (vi) Each Party shall notify the other within ten (10) business days should it determine that it can no longer meet its legal obligations under the CCPA, with respect to the Data Products.

b. MXM Intent as a "Processor." MXM Intent is and shall act as a "processor" (and a "service provider" for purposes of the California Consumer Privacy Act or "CCPA") with respect to Customer Data in its possession, and in turn shall:

• (i) not sell or share such Customer Data (absent explicit written instruction from Customer to do so);
• (ii) solely use, disclose and retain the Customer Data in order to provide or facilitate provision of the Data Products;
• (iii) not use the Customer Data outside of the direct business relationship between the parties;
• (iv) comply with all applicable sections of applicable privacy laws (including the CCPA) including with respect to the Customer Data;
• (v) reasonably cooperate with the Customer in responding to and complying with consumers' requests made pursuant to the CCPA, and in permitting the Customer reasonable and appropriate steps to ensure that the Customer Data has been processed pursuant to the above, including fulfilling any request for a written certification of same;
• (vi) notify the Customer if it can no longer meet its obligations under the CCPA;
• (vii) upon Customer request, verify that it has deleted the Customer Data as requested; and
• (viii) ensure that any subcontractors in possession of Customer Data will, as applicable and necessary, cooperate with or permit the foregoing.

If you have questions about these Terms of Service, please contact us: