Terms & Conditions

Effective Date: November 1, 2025

Last Updated Date: March 23, 2026

1. Agreement

By creating an account or accessing the TAMradar API or platform (the "Service"), you ("Customer," "you," or "your") agree to these Terms of Service ("Terms") with Convolutional, LLC ("TAMradar," "we," or "us"). If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

Enterprise customers with a separately executed Master Service Agreement ("MSA") are governed by that MSA where it conflicts with these Terms.

2. Definitions

• "Service" - the TAMradar API, platform, dashboard, and related tools, providing B2B company, contact, and industry intelligence delivered via API.

• "Balance" - prepaid units purchased to access the Service.

• "Output" - any data, results, or content returned by the Service.

• "Authorized Users" - employees or contractors you authorize to access the Service on your behalf.

3. License Grant

Subject to these Terms and payment of applicable fees, TAMradar grants you a limited, non-exclusive, non-transferable right to access and use the Service during the subscription term for your internal business purposes. TAMradar reserves the right to refuse, suspend, or discontinue the Service or any feature at any time, with reasonable notice where practical.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable law

• Attempt to reverse-engineer, scrape, or reproduce the underlying data or Service infrastructure.

• Use the Service to build, train, fine-tune, or improve any machine learning model, AI system, or competing data product - without TAMradar's prior written permission.

• Develop, market, or operate a product or service that substantially replicates the core functionality of the Service (a "Competing Product"), without TAMradar's prior written permission.

• Manipulate, artificially inflate, or otherwise abuse the Service's billing or usage measurement systems, including taking actions designed to generate billable events that do not reflect genuine business activity.

• Share account credentials or API keys beyond your Authorized Users.

• Attempt to circumvent any rate limit, access control, or security measure.

• Access the Service if you are located in a US-embargoed country or listed on any US government restricted-party list.

TAMradar may immediately suspend accounts it reasonably believes are violating this section, with or without notice, pending investigation.

5. Account Security

You are responsible for maintaining the confidentiality of your API keys and account credentials. You must notify us immediately at [support email] if you suspect unauthorized access. TAMradar is not liable for losses caused by unauthorized account use that results from your failure to maintain credential security.

6. Fees, Balance and Payment

6.1 Balance. Access to the Service is prepaid via Balance. Balance is non-refundable except as required by applicable law or as expressly stated in a written agreement with TAMradar.

6.2 Billing. You authorize TAMradar to charge your payment method for Balance and any applicable subscription fees. All amounts are in US dollars unless stated otherwise. Payments are processed by a third-party payment processor; by providing payment details you also agree to that processor's terms.

6.3 Taxes. You are responsible for all applicable taxes. TAMradar will add taxes to your invoice where required.

6.4 Suspension for Non-Payment. TAMradar may suspend access to the Service if Balance is exhausted or payment fails, with or without prior notice.

7. Chargebacks and Disputes

7.1 Dispute First. If you have a billing dispute, you must contact TAMradar at support@tamradar.com before initiating a chargeback or payment dispute with your bank or card issuer. TAMradar will work in good faith to resolve legitimate disputes within 10 business days.

7.2 Chargeback = Breach. Initiating a chargeback or reversal for charges that correspond to Services actually delivered constitutes a material breach of these Terms.

7.3 Suspension on Chargeback. TAMradar may immediately suspend your account upon receiving notice of a chargeback filing, pending resolution.

7.4 Recovery of Costs. If a chargeback is found to be improper, you agree to reimburse TAMradar for the charged-back amount plus any chargeback fees, processing fees, and reasonable collection costs incurred.

8. Data and Output

8.1 Your Data. You retain ownership of any data you submit to the Service. You grant TAMradar a limited license to process your data solely to provide the Service.

8.2 Output. TAMradar grants you a non-exclusive right to use Output for your internal business purposes. Output may not be sublicensed, sold, or redistributed except as permitted under Section 10.

8.3 No AI Training. TAMradar will not use your data or Output to train machine learning models without your prior written consent (including consent given by email).

8.4 Feedback. If you provide feedback or suggestions about the Service, TAMradar may use them freely without obligation.

9. Intellectual Property

TAMradar retains all rights in the Service, its underlying technology, and any TAMradar-generated content. Nothing in these Terms transfers any ownership of intellectual property to you.

10. Reselling and White-Label

10.1 Reselling. You may resell access to the Service or Output derived from it to third parties, provided such activity is in compliance with these Terms and applicable law, and the Service is identified as powered by TAMradar.

10.2 White-Label. Reselling under your own brand without attribution to TAMradar ("White-Label") requires TAMradar's prior written permission. Approved White-Label arrangements are subject to a confidentiality agreement and any additional terms agreed in writing.

11. Privacy

TAMradar's collection and use of personal data is governed by its Privacy Policy, incorporated here by reference. To the extent the Service involves processing personal data on your behalf, the parties' Data Processing Agreement ("DPA") applies.

12. Warranties and Disclaimers

To the maximum extent permitted by law, the Service is provided "as is." TAMradar makes no warranty that the Service will be uninterrupted, error-free, or that Output will be complete or accurate. Self-serve accounts do not include uptime or performance SLAs unless separately agreed in writing. All warranties, express or implied, are disclaimed.

13. Limitation of Liability

To the maximum extent permitted by law:

• (a) Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or data, even if advised of the possibility.

• (b) TAMradar's total liability arising out of or related to these Terms will not exceed the fees you paid to TAMradar in the 12 months preceding the claim.

These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise) and even if a remedy fails its essential purpose.

14. Indemnification

You agree to defend, indemnify, and hold harmless TAMradar and its officers, directors, employees, and agents from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law; or (c) any third-party claim arising from data you submit to the Service.

15. Term and Termination

15.1 Term. These Terms begin when you create an account and continue until terminated.

15.2 Termination by You. You may stop using the Service at any time. Unused Balance are non-refundable.

15.3 Termination by TAMradar. TAMradar may suspend or terminate your account immediately upon written notice (including email) if:

• You materially breach these Terms and fail to cure within 5 business days of notice (or immediately for breaches incapable of cure);

• TAMradar reasonably suspects fraudulent, abusive, or illegal activity, including abuse of usage-based billing;

• A chargeback or payment reversal is filed against your account;

• Continued access poses a security, legal, or reputational risk to TAMradar.

15.4 Effect of Termination. Upon termination, your license ends immediately. Sections 8–14 and 17 survive termination.

16. Force Majeure

TAMradar is not liable for any failure or delay in performance caused by events beyond its reasonable control, including internet or infrastructure outages, third-party service failures, natural disasters, or acts of government.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, with proceedings in English. Each party waives any right to participate in a class action or class-wide arbitration. Nothing here prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

18. General

18.1 Entire Agreement. These Terms, together with the Privacy Policy and any DPA or MSA, constitute the entire agreement between the parties regarding the Service.

18.2 Modifications. TAMradar may update these Terms with 30 days' notice (via email or in-app notice). Continued use after that period constitutes acceptance.

18.3 Assignment. You may not assign your rights under these Terms without TAMradar's consent. TAMradar may assign freely, including in connection with a merger or acquisition.

18.4 Severability. If any provision is found unenforceable, the remaining provisions remain in full force.

18.5 Waiver. Failure to enforce any provision is not a waiver of future enforcement.

18.6 Notices. Legal notices to TAMradar must be sent to legal@tamradar.com. TAMradar may send notices to the email on your account.