Terms of Use
Agreement to these Terms
These Terms of Use (the "Terms" or "Agreement") govern your access to and use of the vectaradata.com website and the lead-generation and lead-distribution services offered through it , operated by VectaraData. The Services are a marketplace that connects providers of consumer leads ("Suppliers") with businesses that purchase those leads ("Buyers").
By creating an account, supplying or purchasing leads, or otherwise using the Services, you ("you" or "User") confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.
Nature of the Services and no guarantees
Vectara generates and aggregates consumer interest through advertising and connects that interest, in the form of leads, to Buyers operating in the relevant vertical. A lead represents an opportunity to engage a consumer who responded to marketing material and expressed interest in learning more about a product or service. A lead is not a sale, an appointment, or a guaranteed outcome.
Vectara is not a licensed agent, broker, lender, insurer, or legal-referral service in any vertical, and does not participate in the underlying transaction between a Buyer and a consumer. We do not warrant or guarantee:
- a sale, policy, enrollment, or signed agreement from any lead;
- that every lead will be reachable, responsive, or accurate in every respect;
- that any lead will match a Buyer's preferred profile or qualification criteria; or
- any specific contact rate, conversion rate, return on spend, or profitability.
Subjective factors such as a consumer's budget, credit profile, eligibility outcome, or perceived value are managed solely by the Buyer during its own sales process and are not a basis for any credit.
Definitions
Consumer contact and inquiry information delivered through the Services, including the consumer's identifying details and the information relevant to the product or service they inquired about.
A business that purchases or receives Leads through the Services.
A party that submits, generates, or sells Leads through the Services.
The targeting, vertical, geography, age range, volume, and other settings that define the Leads purchased or supplied.
An insertion order, order form, or dashboard configuration describing pricing, volumes, verticals, and delivery for a User.
A Lead that has been accepted and delivered under an Order and is not subject to a valid return under Section 6.
Eligibility and accounts
The Services are for businesses only. You represent that you are at least 18 years old, that you have authority to enter these Terms on behalf of your organization, and that all information you provide is accurate and kept current. You are responsible for the security of your account credentials and for all activity that occurs under your account.
Compliance, consent, and licensing
You, and any traffic source you rely on, represent and warrant on an ongoing basis that:
One-to-one consent
Every Lead supplied through the Services was collected with valid "prior express written consent" that is one-to-one and specifically identifies the party to which the Lead is delivered, consistent with applicable FCC and TCPA standards. Consent records are captured and available on request.
Scrubbing obligations
All contact data is scrubbed against the federal National Do Not Call Registry and any applicable state registries at least every thirty-one (31) days.
Lawful collection
Leads are obtained lawfully, without misleading, false, or incentivized methods, and consumers have genuinely requested information about the relevant product or service.
Professional licensing
Buyers hold and maintain all professional licenses required to market or sell in their vertical and jurisdictions.
You will use Leads only for lawful marketing of the products and services in the agreed vertical; comply with the TCPA, the Telemarketing Sales Rule, CAN-SPAM, and applicable state laws; honor consumer opt-outs promptly; and not resell, redistribute, or transfer Leads except as expressly authorized in writing.
Lead quality, returns, and refund credits
Fees for Leads are set out in your applicable Order, and charges are final once processed, except for return credits issued under this Section. A Buyer may submit a delivered Lead for review and a potential return credit only where the Lead clearly fails to meet the agreed targeting and quality criteria below, and only within [return window - e.g. 24-72 hours] of delivery. Campaign-specific quality policies may supplement this Section.
When a Lead is considered valid
A delivered Lead will generally be treated as valid and not eligible for a credit when all of the following are true:
- the consumer expressed genuine interest in receiving information or pricing, discussing coverage, or learning more about the product;
- the consumer falls within the approved age range or eligibility criteria for the Campaign;
- the consumer originates from the approved states, geographies, or area codes selected for the Campaign;
- the contact information supplied is accurate and complete; and
- the lead reflects a legitimate inquiry, even if the consumer does not ultimately purchase.
Leads that are not eligible for a credit
Return credits are generally not issued for:
- leads where the consumer simply does not convert into a sale, policy, or enrollment;
- objections relating to price, eligibility, underwriting, or coverage;
- a Buyer's inability to reach, engage, or close the consumer;
- a consumer who requested information but later declines or changes their mind;
- a Buyer's own delays, staffing, or follow-up failures; or
- subjective assessments of "value," intent, or fit that fall within the Buyer's sales process.
Adjusting Buyer practices to "optimize" economics or to manufacture grounds for returns is a Buyer-side operational issue and is not a basis for a credit.
Leads that are commonly eligible for a credit
Subject to review, the following may be eligible for a return credit:
- disconnected, invalid, or non-working phone numbers and undeliverable email addresses;
- clearly false, fictitious, or bogus contact information;
- duplicate Leads delivered within the same Campaign and return window;
- Leads that fall outside the approved geography, age range, or other Campaign targeting;
- Leads showing no genuine consumer interest in the product or vertical;
- spam, bot-generated, or fraudulently generated Leads; and
- Leads affected by a technical or delivery failure on our side.
Review and final determination
All return determinations are made after internal quality-assurance review and investigation, based on factors including the lead's submission data and consent record, the consumer's stated intent, Campaign targeting settings, traffic-source behavior, and overall lead quality. Determinations by our QA and compliance team are final. Our objective is a fair, scalable marketplace that protects both lead quality and Buyer integrity.
Acceptable use, conduct, and abuse prevention
You are expected to use the Services professionally and in good faith. The following conduct is prohibited and may result in warnings, suspension, loss of return eligibility, or termination.
For Buyers
- submitting excessive or unfounded return requests to avoid paying for valid Leads;
- misrepresenting Lead outcomes or quality;
- reselling, redistributing, or re-brokering Leads without authorization; or
- using Leads outside the agreed vertical or in violation of law.
For Suppliers
- submitting fraudulent, incentivized, duplicated, or non-consented Leads;
- misrepresenting the source, consent, or quality of Leads; or
- injecting fabricated, scraped, or recycled data.
Accounts showing repeated abuse patterns may receive formal warnings, lose return eligibility, have any remaining balance refunded and the account closed, or be restricted or permanently removed from the platform. Where appropriate, we may notify applicable upline agencies, networks, or account supervisors of abusive conduct patterns. Fraudulent activity may also be subject to civil or criminal action under applicable law.
Audit rights
We may, but are not obligated to, audit a User's lead-generation methods, consent records, and handling procedures on reasonable suspicion of a breach of these Terms. Failure to cooperate with a reasonable audit request may result in suspension.
Intellectual property and confidentiality
The Services, website, and all related content are owned by Vectara or its licensors. We grant you a limited, revocable, non-exclusive license to use the Services for their intended business purpose. Each party will protect the other's non-public business information and use it only to perform under these Terms.
Data privacy
Our handling of personal information is described in our Privacy Policy, which is incorporated by reference. You represent that you have all notices and consents required to supply, receive, and process consumer data, and that where you handle sensitive data such as protected health information under HIPAA or financial data under GLBA you maintain the required data-handling agreements and safeguards.
Disclaimers; service availability
The Services are provided "as is" and "as available" we do not guarantee uninterrupted availability and may perform maintenance that temporarily interrupts the Services. The Services rely on third-party providers and data sources we do not control, and we are not responsible for interruptions, delays, or failures caused by that infrastructure. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.
Limitation of liability
To the fullest extent permitted by law, Vectara will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, TCPA statutory damages, or regulatory fines. Our aggregate liability arising out of or relating to the Services will not exceed the amounts you paid to Vectara in the three months preceding the event giving rise to the claim.
Indemnification
You will defend and indemnify Vectara against third-party claims arising from your use, supply, or handling of Leads, your sales and marketing conduct, or your violation of these Terms or of any law, including the TCPA, the Telemarketing Sales Rule, and Do Not Call requirements.
Term and termination
These Terms apply while you use the Services. Either party may terminate as described in an applicable Order or, absent an Order, on written notice. On termination, any remaining account balance is handled in accordance with these Terms and our return-credit policy. Provisions that by their nature should survive termination will survive.
Dispute resolution; arbitration and class-action waiver
Any dispute arising out of or relating to these Terms will be resolved by binding arbitration seated in Broward County, Florida, administered under the rules of the American Arbitration Association. You agree to waive any right to participate in a class action or class-wide arbitration; all disputes will be resolved on an individual basis.
Confirm arbitration venue and class-waiver enforceability with counsel for your jurisdiction.
Governing law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules, and the exclusive venue for any permitted court proceedings is Broward County, Florida.
Changes to these Terms
We may update these Terms from time to time. Material changes will be posted with a revised effective date, and your continued use of the Services after the changes take effect constitutes acceptance.
Miscellaneous
These Terms, together with any applicable Order and our Privacy Policy, are the entire agreement between the parties. If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our consent. Neither party is liable for delays caused by events beyond its reasonable control.
Contact
Questions about these Terms? Reach out to us at contact@vectaradata.com