KnownVisitors Terms of Service

Last Updated: September 3, 2025 (Effective for all users upon posting)

Welcome to KnownVisitors! These Terms of Service (these "Terms") govern your access to and use of the KnownVisitors website and all related products and services provided by KnownVisitors (collectively, the $"Services")$ ). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree,you muust not use the Services.

These Terms form a binding legal agreement between KnownVisitors, Inc. (referred to as "KnownVisitors," $"we,""us,"$ or "our") and you, the user of the Services (referred to as"you" or "Customer" or "Client" if you register for ourServices). They apply to all users, including visitors to our website and customers who register for our software-as-a-service platform. Certain provisions herein apply specifically to customers who subscribe to KnownVisitors' Services (see Section 5 and onward), but all users are responsible for complying with the Terms when using any part of the Services.

Please read these Terms carefully and ensure you understand them. We have organized them into sections for easier reading:

·Description of Services

·Account Registration and Security

·Subscription Plans, Fees, and Payment

·Client Obligations and Acceptable Use

·Intellectual Property Rights

·Privacy and Data Protection

·Warranties and Disclaimers

·Limitation of Liability

· Indemnification

·Termination and Suspension

·Governing Law and Dispute Resolution

·Changes to the Terms

· Miscellaneous

1. Description of Services

KnownVisitors offers an online visitor identification and data platform that helps website owners identify previously anonymous visitors and leverage that information for marketing and analytics. Our Services may include, among other features:

·A tracking code snippet or pixel that Clients install on their websites to collect information about site visitors (such as visitor page interactions, and in some cases contact identifiers).

·Data services that reveal identifying information (like names, email addresses, or other contact details) for those visitors and provide enriched data (e.g. location or other demographic/firmographic details) about your website's visitors ("Visitor Data").

·A web-based dashboard where Clients can view and manage the Visitor Data collected, including filtering, exporting leads, and analyzing visitor interactions.

·Integrations with third-party marketing and advertising platforms (e.g. email marketing tools, CRM systems) so that Clients can utilize the Visitor Data in their existing marketing workflows.

·Additional data solutions such as data append (filling in missing information on your contacts), data hygiene (cleaning and updating contact lists), and data monetization or sales features, as offered by KnownVisitors from time to time.

Any new features or tools that are added to the Services will also be subject to these Terms.

Definitions:

• Client: any user who registers for a KnownVisitors account or subscribes to our Services (typically, a business or website owner using KnownVisitors to identify their site visitors).

• Visitor: an end user or consumer who visits a Client's own website(i.e. your site's visitors, who may be identified through our Services).

- Visitor Data: the information collected or obtained by KnownVisitors about Visitors (which may include personal data like names or contact information) that we provide to our Clients.

2. Account Registration and Security

2.1 Account Creation

To access the core features of our Services, you must register and create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated as needed. You must be at least 18 years old and fully able to form a binding contract to register for a KnownVisitors account. If you are registering on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.

2.2 Account Credentials

You are responsible for maintaining the confidentiality of your account login credentials (username and password) and for restricting access to your account. You agree not to share your password or API keys, let others use your account, or do anything else that might jeopardize the security of your account. You are responsible for all activities that occur under your account, whether or not authorized by you. If you become aware of any unauthorized access or breach of security related to your account, you must notify KnownVisitors immediately. W/e are not liable for any loss or damage arising from unauthorized use of your account, but you may be held liable for losses incurred by KnownVisitors or others due to such unauthorized use.

2.3 Account Use Restrictions

You must provide truthful and lawful information when creating an account. You may not use false identities or impersonate any other person or entity to create an account. You may never use another user's account without their permission. KnownVisitors reserves the right to refuse registration or cancel an account at its discretion (for example, if we find that the information provided is inaccurate or violates these Terms).

3. Subscription Plans, Fees, and Payment

3.1 Subscription Plans

KnownVisitors is offered as a subscription service. When you sign up, you may choose a plan or tier based on your expected usage (for example, based on the volume of web traffic or number of contacts identified per month). Each subscription term is monthly by default (billed monthly) unless otherwise specified. We may also offer annual plans or usage-based pricing - any such details will be presented at the time of purchase.

3.2 Fees

You agree to pay all fees specified when you selected your subscription plan. Subscription fees are typically charged on a monthly recurring basis, in advance. Some plans may include a certain allotment of identified contacts or data usage; if so, and you exceed the included allotment, overage fees may apply at the rates specified in your plan. You are responsible for any such overage charges, and we may bill them as they occur or on a regular interval (for example, charging your payment method once a certain overage threshold is reached). All fees are stated and payable in U.S. Dollars (USD), unless otherwise noted.

3.3 Payment Method

When you subscribe, you must provide a valid payment method (such as a credit card) and authorize KnownVisitors to charge that payment method for all applicable fees when due. By providing your payment information, you represent that you are authorized to use the payment method and you authorize us (and our designated payment processor) to charge the subscription fees automatically on each renewal, and any other charges you may incur (such as overages or one-time purchases of add-on services).

3.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period (e.g. monthly on the same date each month) unless you cancel prior to the renewal date. We will charge your payment method automatically upon renewal unless you cancel in advance. The renewal will be for the same term and plan (unless we notify you of changes to terms or pricing as described below). If you do not wish to renew, you must cancel your subscription before the end of your current term (see "Cancellation" below).

3.5 Changes to Fees

KnownVisitors may modify its pricing and/or introduce new charges in the future. If the price of your subscription plan changes, we will provide advance notice to you (for example, by email or by posting an update in your account or on our site) in accordance with applicable laws. Fee changes will not apply retroactively; they will take effect from your next billing cycle or on another stated effective date. If you do not agree to a pricing change, you may cancel your subscription before the new fees apply. Continued use of the Services after the effective date of a fee change constitutes your agreement to the new fees.

3.6 Taxes

Our fees are exclusive of taxes. Where applicable, we will charge sales, use, value-added, or similar taxes in jurisdictions where we are required to do so. Any such taxes will be added to the charges billed to you and reflected on your invoice. You are responsible for any applicable taxes on the Services, other than taxes based on KnownVisitors' income. If you are tax-exempt, you must provide us with a valid tax exemption certificate and we will not include those taxes in your billing.

3.7 Invoices and Billing

We will typically charge your provided payment method automatically. You may receive an electronic receipt or invoice by email. All payments are duue immediately upon invoice. If we agree to invoice you with net payment terms (for certain approved business customers), you shall pay all invoiced amounts within the specified time (e.g. net 30 days). Late payments may incur interest at the rate of 1.5% per month (or the highest rate allowed by law, if lower), and we reserve the right to suspend or terminate your account for failure to pay timely.

3.8 Cancellation by You

You have the right to cancel your subscription at any time. You may cancel through your account settings or by contacting us in writing (for example, by email to our support team) with your cancellation request.Cancellation will takke effect at the end of your current billing period unless otherwise stated. This means you will not be charged for the next period, but we do not offer prorated refunds for the remaining days in a billing cycle after cancellation. After cancellation, you will retain access to the Services until the end of the period you've paid for, at which point your account will be closed or downgraded. Please note that once your subscription term ends, you may lose access to any Visitor Data or content not already exported or saved prior to cancellation (we encourage Clients to export any important data before the subscription ends).

3.9 No Refunds Policy

Fees are generally non-refundable. This includes cases of partial use or non-use of the Services by you. For example, if you sign up and do not fully utilize the Service or fail to implement the tracking code, you are not entitled to a refund for that period. In rare cases of service error or at our sole discretion, we may provide credits or refunds, but this is an exception rather than the norm. Any approved refund for unused service will at most cover the current billing period or any unused full months remaining. We typically will not provide refunds for usage beyond a lookback period of a few months at most. We will also not refund any account that we terminate or suspend due to your violation of these Terms or for improper activity.

3.10 Chargebacks and Disputed Payments

You agree to contact us promptly if you have an issue with billing or fees. If you dispute a charge through your bank or credit card (a "chargeback") without first working with us to resolve it, we reserve the right to suspend your account while the chargeback is investigated. We investigate all chargebacks for potential fraud. Any fraudulent chargebacks (e.g. falsely claiming an unauthorized charge) may result in immediate termination of your account, and we reserve the right to pursue legal action and collection for any amounts reversed that were actually properly due. To avoid service interruption, please keep your billing information current and resolve any billing issues quickly. If we cannot process your payment method on file, we will attempt to notify you and may suspend your access until payment is made in full.

4.Client Obligations and Acceptable Use

This section outlines your responsibilities as a Client using KnownVisitors, including how you may use the Services and data, and certain actions that are prohibited.

4.1 Permitted Use of Services

KnownVisitors grants you (the Client) a limited, non-exclusive, non-transferable license to access and use the Services for your own internal business purposes, in accordance with these Terms. This includes the right to implement our tracking code on your owned websites and to utilize the Visitor Data and other outputs of the Service for your legitimate business marketing, sales, and analytics purposes. You may use the data and insights provided by KnownVisitors to identify and reach out to your website visitors, to personalize marketing campaigns, and to improve your website's performance. Such use must, however,remain within the bounds of applicable law and these Terms (see "Compliance with Laws" below).

4.2 License to Visitor Data

When KnownVisitors provides you with identified visitor information ("Visitor Data"), we are licensing that data to you for your use. You acknowledge that all Visitor Data is and remains the property of KnownVisitors or its data suppliers, and is being provided to you under license. You have a non-exclusive, non-sublicensable right to use the Visitor Data solely for your internal marketing, sales lead generation, and customer relationship purposes. This means, for example, you can use the data to send marketing emails,to retarget ads to those individuals, or to analyze customer segments for your business. However, you may not resell, distribute, or transfer the Visitor Data to third parties (except to your own service providers as necessary for your internal use, and in compliance with Section 4.4), and you may not use the data for the benefit of any third party (for example, you cannot purchase our data and then provide it as a service to another business). All use of Visitor Data must comply with these Terms and applicable laws (again, see below).

4.3 Client's Website and Implementation

You are responsible for properly implementing the KnownVisitors tracking code (pixel) on your websites in order to enable the data collection. We will provide you with instructions for implementation. You agree to follow our implementation guidelines and use the tracking code only on websites that you own or are authorized to manage. You must not install our pixel on any website without the owner's knowledge and consent. If you operate multiple websites or domains, you need a subscription plan that covers each site's usage as required (or separate accounts as applicable).

You agree to use the Services and any data obtained from us only for lawful purposes and in a lawful manner. You are solely responsible for ensuring that yyour use of KnownVisitors (and the Visitor Data)complies with all applicable laws, regulations, and industry guidelines, including but not limited to:

·Privacy and Data Protection Laws: You must comply with alI relevant privacy laws when using our Services and handling Visitor Data. This includes laws such as the CAN-SPAM Act (for email marketing), the Telephone Consumer Protection Act (TCPA) and "Do Not Call" laws (for telemarketing/SMS outreach), and any other federal or state laws regarding email, text, or phone marketing. You also agree to adhere to applicable Data & Marketing Association (DMA) guidelines for direct marketing. If you are subject to certain state privacy laws (for example, California's laws like CCPA/CPRA) or sector-specific laws (like HIPAA for health data) in your use of the data, you are responsible for complying with those as well. Do not use KnownVisitors to collect or attempt to collect sensitive personal information (such as financial, health, or children's data) unless you have legal authority and appropriate safeguards in place.

·No Illegal Content or Purposes: You will not use the Services to identify or contact visitors for any illegal or fraudulent purpose, or in connection with any material that is illegal. For example, you may not use our Service to target individuals in order to send defamatory, obscene, threatening, or harassing messages, or to facilitate any unlawful activities. You also agree not to use KnownVisitors to promote or sell any goods or services that are illegal in the United States or in any jurisdiction where the targeted individuals reside.

·Intellectual Property and Other Rights: You will not use the Services to infringe on any person's intellectual property rights or privacy rights. This means you will not use data from KnownVisitors to unlawfully spam people or to create derivative databases that violate data protection rights. You also must not use any content from our website (text, images, code) except as allowed by these Terms or with our consent (see Section 6 on IP).

·Prohibited Data Uses: You may not combine Visitor Data with other data in a manner that would violate privacy laws or the privacy notices under which the other data was collected. You also agree not to use the data to determine eligibility for credit, insurance, employment, or for any other purpose that is governed by consumer reporting laws (i.e. you will not treat our data as a consumer report or use it in any way that would cause KnownVisitors to be deemed a consumer reporting agency).

·No Harmful Code or Abuse: You must not use the Services in a way that could harm, disable,overburden, or impair our systems. You will not introduce viruses, worms, Trojan horses, malware,or any other harmful code into our platform or use the Service to distribute malware. You will not attempt to interfere with the proper working of the Services or bypass any security or access controls.

·No Unauthorized Access or Scraping: You agree not to access (or attempt to access) the Services by any means other than our intended interface. Specifically, you will not use any automated means (such as scripts, bots, spiders, or scrapers) to collect data from our website or APIs, except in compliance with our API documentation and with prior authorization. Bulk harvesting of information from KnownVisitors databases, or attempting to decipher or extract our source code, is strictly prohibited.

·No Service Misrepresentation: You must not misuse the Services by registering multiple accounts in an automated way, misrepresenting your identity or site information, or by using the Services for competitive analysis or building a competing product. You also agree not to falsely imply any partnership or affiliation with KnownVisitors in how you use our data.

If you violate any of the above restrictions or any other provision of these Terms, we may suspend or terminate your access to the Services without notice (see Section 11 on Termination). KnownVisitors reserves the right to suspend the Services or your access without notice if we, in our sole discretion, suspect that your use is violating this Section 4 or any applicable law. Repeated or egregious violations may result in permanent termination of your account.

4.5 Client Privacy Obligations

As a Client, you have certain obligations to your own website visitors regarding transparency and choice:

·Privacy Policy Disclosure: You must publish and maintain a clear Privacy Policy on any website where you use the KnownVisitors pixel or Services. This Privacy Policy must disclose that you are using third-party technology to collect information about visitors for marketing purposes.Specifically, you should inform users that your site employs tracking technologies (such as cookies,pixel tags, and similar code) that may collect personal information, and that you use a service (like KnownVisitors) to identify visitors or send them marketing communications. For example, your privacy notice can include a statement such as: "Our site uses a visitor identification service that utilizes cookies and other tracking techniques to identify and collect contact information for visitors to our site. We may use this information to reach out to visitors with marketing communications about our products and services." (Ensure the language fits your actual use case. We recommend including any specific sample language we've provided, or a substantially similar disclosure, to meet this requirement.)

·Consent and Opt-Out (if required): Under U.S. law, explicit opt-in consent for tracking is generally not mandated (aside from certain contexts like telephone/text communications which require consent). However, if you have visitors from jurisdictions that do require consent for tracking (for example, the European Union or other regions with cookie consent laws), you agree that you will provide appropriate notice and obtain any required consents from those users before deploying the KnownVisitors tracking pixel. You should not use KnownVisitors for users who have not given consent in regions where such consent is legally required. Additionally, your website should offer users the ability to opt out of having their personal data collected and used (for instance, by honoring browser Do-Not-Track signals or offering an opt-out link in your privacy policy) if required by law. For email communications, you agree to include unsubscribe mechanisms as required by CAN-SPAM.

·Do-Not-Sell Signals: If you are subject to laws like the California Consumer Privacy Act (CCPA) and the data we provide could be considered a "sale" of personal information, you are responsible for honoring any "Do Not Sell My Info" requests from your users. (If needed, you should disable our tracking for users who opt out or configure it in a way that excludes those users.)

· Visitor Choice: If a Visitor contacts you or uses an available method to opt out of communications or tracking,you must honor that request. For example, if a Visitor identified by KnownVisitors unsubscribes from your email list, you should cease using their data for further outreach.

In less urgent situations, we will try to provide notice of termination or suspension, but we may not do so if we determine immediate action is prudent. KnownVisitors shall not be liable toyou or any third party for any suspension or termination of your account or access in accordance with these Terms.

4.6 Cooperation and Lawful Use

You agree to cooperate with any reasonable request we make to confirm your compliance with this Agreement. This may include providing information about how you are using Visitor Data or allowing us to audit (with reasonable notice) your usage if we have serious concerns of misuse. We may also require you to stop using or delete certain data if we determine it was collected or is being used in violation of the law or these Terms.

5. Intellectual Property Rights

5.1 Ownership of Services

As between KnownVisitors and you, all rights, title, and interest in and to the Services (including our website, software, algorithms, databases, know-how, and all content provided by us) and all associated intellectual property rights belong to KnownVisitors and/or our licensors. The KnownVisitors name, logo,and all related product and service names are our trademarks or service marks. These Terms do not grant you any ownership of or license to any intellectual property rights in our Services or trademarks, except for the limited usage rights expressly provided in Sections 1 and 4 (regarding your use of the Services and data). You agree not to remove, obscure, or alter any copyright, trademark, or proprietary rights notices on the KnownVisitors site or any materials we provide.

5.2 License to Use Our Platform

Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a limited license to use our software platform and embed our pixel on your site, solely as necessary to use the Services for your internal business purposes. This license is non-transferable and revocable. You shall not:(a) copy, modify, adapt, translate, or create derivative works of the Services; (b) reverse engineer, decompile,or attempt to extract the source code of any software or proprietary algorithm used in the Services (except to the extent such restriction is prohibited by law); (c) resell, sublicense, or distribute the Services to any third party; or (d) use the Services or any content on the site for any commercial purpose other than for the legitimate marketing of your own business.

5.3 Feedback

If you choose to provide feedback, suggestions, or ideas to KnownVisitors regarding the Services ("Feedback"), you hereby grant KnownVisitors a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate your Feedback in any manner, including to improve the Services or create new products or features. We are not obligated to credit you or compensate you for such Feedback. Please do not submit any Feedback that you consider confidential or proprietary; we reserve the right to use it freely and you agree that any such submission is unsolicited and without restriction.

5.4 Client Content

In general, our Services do not require you to submit much content to us beyond your registration information and configuration settings. However, in the event you upload or submit any content to our Services (for example, if you integrate your logo, or provide an email template for us to send communications on your behalf, or upload a customer list for data append or suppression), you retain any ownership of that "Client Content." You grant KnownVisitors a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your Client Content solely for the purposes of providing the Services to you (and improving or demonstrating the Services). For example, if you upload your brand logo and messaging to the dashboard for use in an email campaign, we may use those materials to format and send emails to your leads. You represent and warrant that you have all necessary rights to provide any Client Content to us and to grant the above license, and that none of your content infringes or will infringe or misappropriate the rights of any third party (such as intellectual property rights or privacy rights). We do not actively monitor Client Content, but we reserve the right to remove or delete any content that we believe violates these Terms or law (and we will notify you if so, unless the content is unlawful such that we are prohibited from notifying you).

5.5 Data Rights

Nothing in these Terms will be construed as granting you any rights to the underlying software, databases,or data compilation that powers KnownVisitors beyond the Visitor Data specifically licensed to you for your use. KnownVisitors aggregates data from many sources to provide its Services; we reserve the right to use and derive insights from all data collected (including data related to your use of the Services and Visitor Data) in an aggregated and anonymized manner for our business purposes, such as improving our identity resolution algorithms, producing industry statistics, or building analytical models. We will not publicly disclose any data in a way that identifies you or your Visitors without permission, except as permitted by our Privacy Policy or required by law.

5.6 Third-Party Materials

The Services may include or interoperate with third-party software, services, or data (for example, we may utilize third-party datasets or APIs to enrich Visitor Data, or integrate with an email sending service).KnownVisitors is not responsible for any third-party materials or services, which are provided "as is" under the respective third-party terms. Your use of third-party integrations (e.g. if you connect KnownVisitors to your CRM or email platform) is at your direction and subject to those third-party terms.

6. Privacy and Data Protection

6.1 Privacy Policy

Your use of the Services is subject to our Privacy Policy, which is hereby incorporated into these Terms. Our Privacy Policy explains how we collect, use, and protect personal information, including data collected about your website Visitors and data about you as our Client. You acknowledge and agree that by using the Services, you consent to the collection, use, sharing, and other processing of personal information by KnownVisitors as described in our Privacy Policy. WVe encourage you to read our Privacy Policy carefully. In the event of a conflict between these Terms and the Privacy Policy with respect to personal data handling,the Privacy Policy will govern.

6.2 Data Security

KnownVisitors employs administrative, physical, and technical measures designed to safeguard the data within our systems. However, no system is 100% secure. You understand that Visitor Data is delivered to you via our dashboard or secure file transfer, and it is your responsibility to maintain appropriate security of any data you download or obtain from us. You must protect any personal data obtained through the Services with at least the same care you use to protect your own confidential data, and in compliance with applicable data protection laws. This includes, for example, storing data securely, not sharing it with unauthorized parties, and disposing of it securely when no longer needed. If you experience a data breach that involves Visitor Data, you should notify us so we can take appropriate measures (such as evaluating our systems or notifying our data sources if required).

6.3 Your Compliance

As covered in Section 4, you are responsible for ensuring that your use of any personal data (including Visitor Data) is compliant with privacy laws. KnownVisitors provides tools and data, but you act as a separate data controller/business with respect to the personal information you obtain about your site visitors. This means you are responsible for providing any required notices and honoring any privacy rights requests from individuals (such as opt-outs or deletion requests) under applicable law. If an individual contacts KnownVisitors regarding data we identified for you (for example, opting out of inclusion in our database or exercising privacy rights), we will honor the request in our systems and may inform you if it's relevant for you to do the same. You agree to cooperate with us in good faith to address any such requests or inquiries about personal data.

6.4 No Sensitive Data

You will not use the Services to collect or transmit any Sensitive Personal Information (SPI) about your website visitors, such as financial account numbers, health/medical information, social security numbers, or information about children under 13, unless we have explicitly agreed in writing to support such data and you have obtained all necessary consents. Our Services are not designed to process highly sensitive data and using them for such purposes is a violation of these Terms.

7. Warranties and Disclaimers

7.1 Your Warranties

You represent and warrant that: (a) you have the legal authority to enter into these Terms and, if you are accepting on behalf of an organization, that you have the right to bind that organization; (b) all information you provide to KnownVisitors is truthful and accurate; (c) you will comply with all applicable laws,regulations, and industry standards in your use of the Services and Visitor Data; and (d) your use of the Services will not violate any agreements you have with third parties or any applicable privacy policies.

7.2 Disclaimer of Warranties

KNOWNVISITORS PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND IMPERFECTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND YOUR USE THEREOF,INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, NON-INFRINGEMENT, ACCURACY, AND QUALITY. We do not warrant that the Services will meet your requirements or expectations, or that the operation of the Services will be uninterrupted, secure, or error-free.

In particular, KnownVisitors makes no guarantee regarding:

·Identification Accuracy: The accuracy, completeness, or validity of any Visitor Data or information provided. While we strive for high accuracy, the nature of identifying and enriching data means that some information may be outdated or incorrect. For example, an email address provided might bounce or belong to a different individual than expected. You acknowledge that some degree of error (e.g. a certain bounce rate for emails) is inherent in the Service, and you accept that risk.

·Results: Any specific outcomes or return on investment from using the Services. We do not promise that using KnownVisitors will necessarily increase your conversion rates, sales, or other performance metrics. Any success stories or examples are for illustrative purposes and not guarantees.

·Uptime and Data Integrity: The continuity of the Service without interruptions or data loss. We will make reasonable efforts to maintain availability, but we do not warrant the Service will be available 24/7 or that data transmissions will be flawless.

·Third-Party Integrations: If you integrate our Services with third-party platforms (like sending data to an email marketing tool), we make no warranties about those third-party services.They are outside our control, and we are not responsible for any failures or issues originating with third-party tools or services.

7.3 No Advice

No advice or information (whether oral or written) obtained from KnownVisitors or through the Services shall create any warranty not expressly stated in these Terms. You are solely responsible for your use of the Services and any decisions made or actions taken based on data or information from the Services.

7.4 Certain Rights Reserved

Certain jurisdictions do not allow the exclusion of certain warranties or conditions. To the extent that such laws apply to you, some of the exclusions above may not apply. In such cases, KnownVisitors's warranties will be limited to the maximum extent permitted by applicable law.

8. Limitation of Liability

8.1 Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER KNOWNVISITORS NOR ITS OFFICERS, DIRECTORS,EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER. This exclusion includes, without limitation, damages for lost profits or revenues, loss of business opportunity or goodwill,lost or corrupted data, service interruption, computer damage, or other intangible losses arising out of or related to your use of (or inability to use) the Services, regardless of the theory of liability (contract, tort,strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

8.2 Direct Damages Cap

TO THE EXTENT PERMITTED BY APPLICABLE LAW, KNOWNVISITORS' TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO KNOWNVISITORS IN SUBSCRIPTION FEES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B)$500 UJSD. If you have paid nothing (for example, if you are only browsing our site or are on a free trial), our total liability to you for any claim will not exceed $500. This cap on liability applies collectively to KnownVisitors and its afiliates, agents, and suppliers.

8.3 Basis of the Bargain

You acknowledge that KnownVisitors has set its prices and provided access to the Services in reliance on the disclaimers and limitations of liability in these Terms, and that these provisions form an essential basis of the bargain between you and KnownVisitors. You agree that the limitations and exclusions of liabilityand disclaimers specified in these Terms are fair and reasonable, and that they will apply even if any limited remedy is found to have failed its essential purpose.

8.4 Exceptions

The limitations of liability in this Section 8 shall not apply to the extent prohibited by law. For example, some jurisdictions do not allow the exclusion or limitation of liability for personal injury or for intentional misconduct. In addition, the limitations do not apply to any liability for fraud, gross negligence, or willful misconduct; nor do they limit your obligation to pay the fees owed, or either party's liability for intellectual property infringement indemnities (if separately agreed in an Enterprise agreement), or for breach of confidentiality (if covered under a separate NDA or similar agreement). However, to the extent any claim is covered by a specific carve-out under law or these Terms, all other limitations and disclaimers remain in effect for that claim.

8.5 Sole Remedy

Except for your right to terminate your subscription (Section 11) or any remedies that cannot be excluded by law,your sole and exclusive remedy for dissatisfaction with the Services is to stop using the Services.

9. Indemnification

You agree to defend, indemnify, and hold harmless KnownVisitors and its parent, subsidiaries, affiliates, and their respective officers, directors, employees, and agents (the "KnownVisitors Parties") from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys'fees and costs) that arise out of or are related to:

·Youur use of the Services: Any use of the Services by you or your account (including use by your employees or agents) that violates the law or these Terms, or that causes harm to someone. This includes, for example, claims arising from how you contact or market to individuals using information obtained through KnownVisitors.

·Your breach of these Terms: Any violation of these Terms by you, including any of your representations, warranties, or obligations (e.g. using the data in a prohibited way, or failing to include a required privacy disclosure).

·Your violation of rights: Your violation of any third party's rights, including intellectual property rights, privacy, publicity, or other personal or proprietary rights. For instance, if you upload content to our Service that infringes someone's copyright, or if you misuse Visitor Data in a way that violates someone's privacy rights and they sue us, you will indemnify us.

·Your products, services, or communications: Any claim arising from your own products or services or from the content of any messages or advertisements you send to any/ identified Visitors. Notably,if any actual or potential customer of yours (or other individual) alleges that you contacted them improperly (e.g. in violation of spam laws or without consent) or that they suffered harm due to your goods or services, and that claim is connected to information obtained through KnownVisitors, you agree to indemnify the KnownVisitors Parties for any resulting liability.

·Data or content you provide: Any content or data you provide to KnownVisitors (such as a list of customer contacts forenrichment, or any Client Content you upload) and our possession or use thereof in providing the Services. If our handling of that data per your instructions causes a legal claim (for example, if it violates a law or a third party's rights), you will indemnify us.

·Other use under your account: Any other party's access to or use of the Services with your account or API credentials. This means if someone else (with or without your permission) uses your account and does something that would violate these Terms or incur liability, you are responsible.

We reserve the right, at our option, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you will cooperate with us in asserting any available defenses). This indemnification obligation will survive any termination or expiration of your account or these Terms.

10. Termination and Suspension

10.1 Termination by You

You are free to stop using our Services at any time. You may terminate your subscription by following the cancellation procedure in Section 3.8 above. If you wish to delete your account entirely, you may contact us at any time at support@knownvisitors.com. Deleting your account will cease your access to the Services;however, note that we may retain certain transactional records or data as required or permitted by law (as explained in our Privacy Policy).

10.2 Termination or Suspension by KnownVisitors

We reserve the right to suspend or terminate your access to the Services (in whole orin part) at any time,with or without notice, and with or without cause. For example, we may suspend/terminate immediately in the following circumstances:

·If you violate any material term of these Terms or act in a manner that clearly shows you do not intend to or are unable to comply (for instance, if you engage in prohibited conduct, fail to pay fees,or misuse data in a way that jeopardizes individuals' rights or our business), we may terminate for cause.

·If we receive repeated excessive bounce or complaint rates in your email campaigns using Visitor Data (which could indicate spam or poor data usage practices), we might suspend your email-related features or your account to prevent harm.

·If required by law or at the request of law enforcement.

·If your use of the Service poses a security risk or could adversely impact the platform or other users.

·If any payment owed by you is overdue by more than a specified grace period, we may suspend service until payment is received and/or terminate if payment remains delinquent.

In less urgent situations, we will try to provide notice of termination or suspension, but we may not do so if we determine immediate action is prudent. KnownVisitors shall not be liable to you or any third party for any suspension or termination of your account or access in accordance with these Terms.

10.3 Effect of Termination

Upon any termination of your account or subscription:

·Your right to access or use the Services will immediately cease (or at the end of the then-current paid period if you terminated by cancellation).

·If we terminate your account for cause due to your breach, you will not be entitled to any refunds of fees already paid. In fact, if termination is due to your breach, we may immediately cancel your access without refund.

·We may delete or disable access to your account and data. It is your responsibility to export any Visitor Data or reports you may need prior to termination. In some cases, at our discretion, we may provide you a brief window (e.g. 30 days) to retrieve your data after termination, but we are not obligated to do so.

·Any provisions of these Terms which by their nature should survive termination (such as indemnification, limitation of liability, accrued payment obligations, and governing law) shall survive.Termination does not relieve you of any obligation to pay any fees accrued or owed up to the effective date of termination.

10.4 Termination of Service or Features

Separately from terminating accounts, KnownVisitors reserves the right to modify, suspend, or discontinue any portion of the Services at any time (for example, we may decide to discontinue aparticular feature or integration, or to shut down the Service entirely). We will endeavor to give advance notice if an essential feature or the entire Service will be discontinued.If we discontinue the Service in its entirety, we wilI provide pro-rata refunds for any prepaid period that extends beyond the shut-down date. However, we shall not be liable for any compensation beyond such refund for terminating or modifying the Service. We also reserve the right to decline service to any individual or entity for any reason or no reason, in our sole discretion (provided such refusal does not unlawfully discriminate).

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any dispute arising out of or related to them or the Services will be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. The Services are offered by a U.S. company and will be deemed solely based in Delaware (our state of incorporation) for purposes of law.

11.2 Jurisdiction and Venue

Except to the extent that arbitration is elected as provided below, you agree that any lawsuit or court proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in the State of Delaware. You consent to the exclusive jurisdiction and venue of such courts and waive any objection that such venue is inconvenient or improper. You also agree not to bring any action in any other jurisdiction. If you are accessing the Service from outside the U.S., you still agree that Delaware law applies and you submit to jurisdiction in Delaware.

11.3 Dispute Resolution; Arbitration

For any dispute that yyou may have with KnownVisitors, we encourage you to first contact us informally to try resolving it. In the event we cannot resolve a dispute amicably, the following provisions will apply:

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration on a confidential basis. Either party can initiate arbitration by sending a written notice to the other. The arbitration shall be administered by either JAMS (Judicial Arbitration and Mediation Services) pursuant to its Streamlined Arbitration Rules and Procedures, or the American Arbitration Association (AAA) under its Commercial Arbitration Rules, at the election of the party who first files.The arbitration will take place in Delaware, before a single arbitrator, in the English language. No court or jury trial: The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or part of this agreement is void or voidable.

Arbitration Exceptions: Either party may, in an appropriate case, seek injunctive relief in a court of competent jurisdiction for intellectual property infringement or misuse of data (since a breach of Sections 4or 5 by you might cause irreparable harm that arbitration cannot address quicklyenough). Also, either party may bring issues regarding the scope or enforceability of the arbitration clause to the arbitrator (or a court as allowed by law).

Arbitration Costs: Each party shall split the arbitrator's fees and any administrative costs of arbitration 50/50, except that the arbitrator may award you your portion of the fees if they find your dispute was not frivolous. Each side will otherwise bear its own attorneys' fees and expenses (unless the arbitrator awards fees to the prevailing party under applicable law or agreements).

Limits in Arbitration: The arbitrator may not award punitive, consequential, or other damages that are excluded by these Terms' Limitation of Liability section, and may not order any relief that a court in Delaware could not grant. The arbitrator's decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction.

11.4 Class Action Waiver

You and KnownVisitors each agree that any proceedings (whether in arbitration or court) will be conducted only on an individual basis and not in a class, consolidated, or representative action. You hereby waive the right to participate in class actions, class arbitrations, or other representative proceedings. Claims of two or more different customers cannot be arbitrated or litigated jointly or consolidated with each other. This class action waiver is an essential part of our agreement. If this waiver is found unenforceable, then the entirety of the arbitration agreement in Section 11.3 may be null and void, and in that case you and KnownVisitors agree that the exclusive jurisdiction and venue described in Section 11.2 will govern any proceedings.

11.5 Statute of Limitations

You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one (1) year after such claim arose (or the shortest period of time permitted under applicable law if one year is not allowed). If a claim is not filed within that time, it is permanently barred. This provision encourages timely resolution of issues.

12. Changes to the Terms

KnownVisitors may update or revise these Terms from time to time. We reserve the right to amend these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and updating the "Last Updated" date at the top, and/or by sending an email or notification via the Service. It is your responsibility to review the Terms periodically. The latest version of the Terms will supersede all previous versions. If you continue to use the Services after a revised version of the Terms has been posted or communicated to you, you are indicating your acceptance of those changes. If you do not agree to any update, you must stop using the Services and, if applicable, cancel your subscription.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference (such as an order form or subscription agreement, if applicable), constitute the entire agreement between you and KnownVisitors regarding the Services. They supersede all prior or contemporaneous understandings and agreements, whether written or oral, relating to the Services. No oral or written information or advice given by KnownVisitors, or its agents or employees, shall create any additional warranties or in any way increase the scope of the obligations of KnownVisitors beyond those explicitly set forth in these Terms. Any additional or different terms in any purchase order or other correspondence from you are void unless accepted in writing by an authorized officer of KnownVisitors.

13.2 Assignment

You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. Any attempted assignment without consent is null and void. KnownVisitors may assign, transfer, or delegate any of its rights and obligations hereunder, in whole or in part, without consent and without notice to you. For example, we may assign these Terms to a successor in interest as part of a merger or acquisition, or to an affiliate or subsidiary. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

13.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties' original intent and economic effect of the invalid provision.

13.4 No Waiver

No waiver by KnownVisitors of any breach or default by you under these Terms shall be deemed a waiver of any preceding or subsequent breach or default. KnownVisitors's failure or delay to enforce or exercise any provision of these Terms or rights related thereto does not constitute a waiver of that right or provision. To be effective, any waiver of any provision of these Terms must be made in writing and signed by a duly authorized representative of KnownVisitors.

13.5 Relationship of the Parties

You and KnownVisitors are independent contractors, and nothing in these Terms creates a partnership,joint venture, employment, franchise, or agency relationship. You do not have any authority to bind KnownVisitors in any respect.

13.6 Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms; these Terms do not confer any rights or remedies on any person or entity other than you and KnownVisitors (and permitted successors/assigns). For clarity,your end-users (website visitors) are not parties to or third-party beneficiaries of these Terms.

13.7 Notices

KnownVisitors may provide notices to you under these Terms by email to the address associated with your account, by postal mail to any address you have provided, or by posting on our website or within your account dashboard. You must ensure your contact information is current and you will be deemed to have received any email notice when we send it. You may provide notices to KnownVisitors by email to support@knownvisitors.com or by written communication mailed to our address as provided on our website (attention: Legal Department). Electronic notices have the same legal effect as physical ones.

13.8 Force Majeure

KnownVisitors will not be liable for any failure or delay in performance of its obligations (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, natural disasters, pandemic, labor disputes, shortages, supply chain disruptions,war, terrorism, riots, governmental action, or internet/network failures.

13.9 Headings and Interpretation

The section headings in these Terms are for convenience only and have no legal effect in interpreting the Agreement. Words like "including" or "for example" are deemed to include "withoutlimitation." These Terms will not be construed against the party who drafted them; both parties had the opportunity to review and accept them.

13.10 Contact Information

If you have any questions about these Terms or need to contact KnownVisitors for any reason, please email us at support@knownvisitors.com or write to us at KnownVisitors, Inc., [Business Address], USA.

By using KnownVisitors' Services, you acknowledge that you have read, understood, and agree to these Terms of Service. If you do not agree with any part of these Terms, you must not use or access the Services.Thank you for using KnownVisitors!