Terms of Service
Last Updated: March 7, 2025
These Terms of Service ("Terms") govern your access to and use of the Afford-X platform, website, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By accessing or using the Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and your agreement to these terms will be treated as the agreement of the entity. In that event, "you" and "your" will refer to that entity.
2. Description of Services
Afford-X provides a platform that leverages advanced algorithms to integrate and intersect Behavioral Intent, Economic Data, and Purchase History to provide affordability intelligence. Our services include:
- Dynamic Affordability Segments: Providing data segments that identify audiences with the highest purchasing power potential.
- Exclusion Filters: Allowing users to exclude unqualified leads before campaign deployment.
- Data Science as a Service: Managing data aggregation and delivering advanced insights without requiring infrastructure management from the user.
- AI-Driven Advertising Optimization: Using AI to analyze purchasing power, intent, and behavioral data to optimize advertising campaigns.
3. Account Registration and Use
- Account Creation: To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
- Permitted Use: You may only use the Services for lawful purposes and in accordance with these Terms. You may not use the Services in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services.
4. Fees and Payment
- Pricing: The fees for our Services are described on our website or in a separate agreement with you. We reserve the right to change our fees at any time, but any changes will not apply retroactively.
- Payment Terms: You agree to pay all fees due for your use of the Services in accordance with our payment terms. We may suspend or terminate your access to the Services if you fail to pay fees when due.
- Taxes: You are responsible for paying all applicable taxes associated with your use of the Services.
5. Data and Privacy
- Data Ownership: You retain ownership of any data you provide to the Services ("Your Data"). However, you grant Afford-X a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute Your Data for the purpose of providing and improving the Services.
- Data Security: We will take reasonable measures to protect the security of Your Data. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures.
- Privacy Policy: Our collection, use, and disclosure of information about you are governed by our Privacy Policy, which is incorporated by reference into these Terms.
6. Intellectual Property
- Afford-X IP: The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Afford-X, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms.
- Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of the Services, unless applicable laws prohibit those restrictions or you have our written permission to do so.
7. Third-Party Services and Content
The Services may contain links to third-party websites or resources, or integrations with third-party services. We are not responsible or liable for the availability, accuracy, or content of such third-party websites, resources, or services. Links to or integrations with such third-party services do not imply any endorsement by us of such websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, or services.
8. Termination
- By You: You may terminate your account at any time by contacting us.
- By Us: We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice.
- Effect of Termination: Upon termination, your right to access and use the Services will immediately cease. We will have no obligation to maintain or provide you with access to Your Data after termination.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA OR INFORMATION YOU OBTAIN THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFFORD-X BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Afford-X and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your access to or use of the Services, Your Data, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Wilmington, Delaware.
13. Modifications to Terms
We may modify these Terms at any time by posting the revised Terms on our website or notifying you through the Services. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of the revised Terms.
14. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and Afford-X relating to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
- Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without your consent.
- Contact Information: If you have any questions about these Terms or the Services, please contact us at: hello@afford-x.com.
