End User Terms

Last Modified: May 22, 2025

These end user terms (“User Terms”) are a binding agreement between you (“End User” or “you”) and Demand IQ, Inc. (“Demand IQ”, “we”, “us”, or “our”). These User Terms govern your use of the Demand IQ website application and mobile application (such mobile application, the “Application,” and together with the website application and all related documentation, the “Service”). The Service is licensed, not sold, to you.

BY ACCESSING OR USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE USER TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE USER TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY TO THESE USER TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE SERVICE. PLEASE REVIEW THESE USER TERMS, AS THEY AFFECT YOUR RIGHTS REGARDING YOUR USE OF THE SERVICES AND YOUR ABILITY TO BRING CLAIMS AGAINST DEMAND IQ.

• Service Use; Content. The Service provides you with access to resources, tools, products, services, and related features, functionality, and content (collectively, “Content”), some of which may be accessible on, offered through, or hosted on Demand IQ’s or its customer’s websites. The Content may display, include, or make available third party content (including data, information, applications, and other products, services, and/or materials) or provide links to third party websites or services, including through third party advertising. Your access to and use of the Service and all related Content is at your own risk. All Content are provided to you without any warranty or guarantee of their accuracy, completeness, timeliness, validity, compliance, legality, decency, quality, or any other aspect thereof. Demand IQ does not assume and will not have any liability or responsibility to you or any other person or entity for your use of the Service and its Content. All third party materials, services and links thereto contained within the Service are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.‍
• Privacy. Demand IQ may make the Service available on the website of a Demand IQ customer, in which case that customer, and not Demand IQ, will be the controller of any personal information that you provide through the Service. If you have any questions regarding how your personal information may be processed or the rights you may have regarding your personal information, we encourage you to review the privacy policy set forth on the website where you access the Service. If you would like more information about Demand IQ’s own information processing and privacy practices, you may access the Demand IQ Privacy Policy at https://demand-iq.com/privacy-policy/ (“Privacy Policy”). All information we collect through or in connection with the Service is subject to the Privacy Policy. You acknowledge that you consent to all practices disclosed in the Privacy Policy.‍
• Use Rights. Subject to these User Terms, Demand IQ grants you a limited, non-exclusive, and nontransferable right to, during the term of these User Terms and strictly in accordance with these User Terms, (a) access and use the Service for your personal use; and (b) access and, to the extent applicable, download the Content made available in or otherwise accessible through the Service.‍
• Restrictions on Use. You shall not use the Service for any purposes beyond the scope of the access granted in these User Terms or to engage in any activity that Demand IQ, in its sole discretion, deems objectionable, including any of the following prohibited activities:
  • Copying, framing or mirroring any part of the Service;
  • Accessing the Service for purposes of monitoring its availability, performance, or functionality;
  • Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Service or any part thereof, except to the extent expressly permitted or required by applicable laws, rules, or regulations;
  • Using the Service to build or benchmark a competitive product, software or services or copying any features, functions, graphic or content on the Service (including any Content);
  • Attempting to disrupt, degrade, impair or violate the integrity or security of the Service or the computers, services, accounts or networks of any other party (including “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Demand IQ internet protocol space;
  • Distributing or disclosing any part of the Service in any medium, including by any automated or non-automated “scraping”;
  • Using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Demand IQ than a human can reasonably produce in the same period of time by using a conventional web browser;
  • Taking any action that imposes, or may impose, as we determine in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Accessing any Content through any technology or means other than those provided or authorized by the Service;
  • Submitting to the Service or to Demand IQ any psersonally identifiable information, personal health information, or any other information that may be protected from disclosure by laws, rules, or regulations, except as necessary for the establishment and operation of a Service account;
  • Bypassing the measures we may use to prevent or restrict access to the Service, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
  • Violating any applicable laws, rules, or regulations or encouraging any conduct that could lead to such a violation, constitute a criminal offense or give rise to civil liability;
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time;
  • Removing any copyright, trademark or other proprietary or intellectual property right notices contained in or on the Service;
  • Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you;
  • Spamming, sending chain letters, junk mail, or using a distribution list to communicate with a person who has not given Company specific permission to contact them in such a manner;
  • Displaying, transmitting, or otherwise providing any unlawful, infringing, libelous, obscene, or harassing content of any kind;
  • Defrauding or attempt to defraud any third party, including users of the Service; and/or
  • Using the Services to contact any emergency services or to annoy or harass any person or entity, including other users of the Service, in any manner that otherwise violates any federal, state, or local law, regulation, or ordinance or that we otherwise deem to be objectionable‍
• Right to Provide Data. You represent and warrant to Demand IQ that you have the right to provide and use all information and data entered into or accessed through the Service. You are responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under you control or in your possession. Such information and data may constitute personal information or other identifying information of individuals. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ALL RELEVANT PERMISSIONS FROM SUCH INDIVIDUALS TO SUBMIT SUCH DATA TO THE SERVICES. DEMAND IQ WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY ANY THIRD PARTY ALLEGING THAT YOU HAVE SUBMITTED ANY OF THEIR DATA, OR THAT DEMAND IQ HAS PROCESSED YOUR DATA IN ACCORDANCE WITH THESE USER TERMS, WITHOUT SUCH THIRD PARTY’S CONSENT, IN VIOLATION OF THEIR PRIVACY OR OTHER PROPRIETARY RIGHTS OR IN VIOLATION OF ANY APPLICABLE DATA AND PRIVACY LAWS. You expressly grant, and you represent and warrant that you have all rights necessary to grant, to Demand IQ a royalty-free, fully paid-up, fully sublicensable (through multiple tiers of sublicensees), fully transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, distribute, modify, reproduce, publicly display, publicly perform and create derivative works of all information, data, materials, and content you provide to Demand IQ (collectively, “User Content”), and Demand IQ will be free to use and exploit such User Content without obligation or liability to you, financial or otherwise, for the purposes of (a) providing the Service, (b) marketing, selling or otherwise providing products and services using the Service, or (c) developing, maintaining, supporting or improving the Service. You agree that all User Content is non-confidential and may be used, collected, stored, shared, or otherwise exploited by us or on our behalf (except as expressly set forth in the Privacy Policy), including in order to provide the Service. Demand IQ aggregates User Content with other data and also collects technical information and data about your use of the Service. You expressly agree that Demand IQ may use any aggregated and anonymized data for any purpose during or after the term of these User Terms, including to develop and improve the Service or otherwise develop and improve Demand IQ services and products.‍
• Reservation of Rights. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service or any other rights thereto under these User Terms other than to use the Service in accordance with the limited rights granted herein, and subject to all terms, conditions, and restrictions hereunder. Demand IQ and its customers, partners, licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these User Terms.‍
• Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside the United States, you are responsible for compliance with local laws.
• ‍Modifications. We reserve the right to, at any time, with or without cause:
  • change the terms and conditions of these User Terms;
  • change the Service, including eliminating or discontinuing any service or other feature of the Service or using different URL(s) to provide the Service; and
  • deny or terminate your use of and/or access to the Service.
  • You must accept all changes in order to continue to use and access the Service. Your access to or use of the Service after such changes constitutes your agreement to such changes. We will attempt to notify you of any material changes to the terms and conditions of these User Terms. If you do not accept such changes, your use and/or access to the Service will be terminated.
• Term and Termination. These User Terms commence when you download, install, access, or otherwise use the Service and will continue in effect until terminated by you or Demand IQ as set forth in this Section. You may terminate these User Terms by discontinuing your use of the Service and deleting all Content that you may have downloaded. Demand IQ may terminate these User Terms at any time without notice, which Demand IQ may do in its sole discretion. In addition, these User Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these User Terms. Upon any such termination, all rights granted to you under these User Terms will also terminate; and you must cease all use of the Service. Termination will not limit any of Demand IQ’s rights or remedies at law or in equity. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part or portion thereof. Nothing in these User Terms shall be construed to obligate Demand IQ to maintain and support the Service, or any part or portion thereof, during the term of these User Terms.‍
• Disclaimer of Warranties. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEMAND IQ, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, CUSTOMERS, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE AND ALL CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. DEMAND IQ ASSUMES NO RESPONSIBILITY FOR YOUR RELIANCE ON THE SERVICE, OR FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE DATA OR INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY THROUGH THE SERVICE, OR ARISING FROM YOUR USE OF THE SERVICE. WITHOUT LIMITATION TO THE FOREGOING, DEMAND IQ PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, NOR DOES IT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE, AND USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL CLAIMS BASED ON OR RELATED TO THE FOREGOING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.
• ‍Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEMAND IQ OR ITS AFFILIATES, CUSTOMERS, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY: (A) ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT FOR ANY REASON, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING LIMITATION WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DEMAND IQ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.
• ‍Indemnification. You agree to indemnify, defend, and hold harmless Demand IQ and its customers and its and their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your use or misuse of the Service or any products, services, or other offerings to which the Service is linked including any Third Party Platforms (as defined below) or any terms and conditions for the use of or access to any Third Party Platforms; (b) your negligent or more culpable acts or omissions, (c) your breach of these User Terms; (d) any User Content or other information you submit, provide, or make available through the Service; or (e) your violation of any applicable laws, rules, or regulations.‍
• Severability. If any provision of these User Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these User Terms will continue in full force and effect.‍
• Governing Law. These User Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these User Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the city and county of Denver. You hereby irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
• Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE USER TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.‍
• Third Party Platforms. Demand IQ may provide the Service to you through third party websites, operating systems, platforms, and portals (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under Demand IQ’s control. Demand IQ does not assume any responsibility or liability for your use of such Third Party Platforms.‍
• Notice Regarding Apple. If you use the Application on an Apple, Inc. (“Apple”) iOS-powered mobile device, you and Demand IQ acknowledge that these Terms of Use are concluded between you and Demand IQ only, and not with Apple, and Apple is not responsible for the Application. Your license to use the Application is limited to the Apple iOS Mobile Device that you own or control and that your use of the Application shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service.‍
• U.S. Export Controls. The Application may be subject to United States export laws, including the including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the United States.‍
• Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these User Terms and any applicable purchase or other terms, the terms of these User Terms shall govern your use of the Service; provided that Demand IQ customers and their employees and representatives shall enter into a separate agreement to govern customer use of any Demand IQ services.‍
• Entire Agreement. These User Terms constitute the entire agreement between you and Demand IQ with respect to your use of the Service.‍
• DMCA. The Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that any User Content, or the work of a third party for whom you are authorized to act, is featured on this website or has been otherwise copied and made available on this website in a manner that constitutes copyright infringement, please notify us immediately.‍
• DMCA Notice. In accordance with the DMCA, your notice must be in writing and must include:
  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • identification and a description of the copyrighted work that you claim has been infringed or, if the claim involves multiple works on the website, a representative list of such works;
  • a sufficiently precise description of where the material that you claim is infringing is located on this website (including the URL, title and/or item number if applicable, or other identifying characteristics) so that we are able to locate it;
  • your contact information, including your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
  • a written statement by you that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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Your statement must be addressed as follows:
Copyright Agent
Demand IQ, Inc.
1630 Welton Street, 7th Floor
Denver, CO 80202

Any notice by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA may not be effective and shall not be considered sufficient notice to confer actual knowledge upon Demand IQ of the facts or circumstances of such allegedly infringing material or acts. Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

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