Terms of Service
These Terms of Service (the “Terms”) are a binding legal agreement between you and 1Lookup Inc. (“1Lookup,” “we,” “us,” or “our”), governing your access to and use of the 1Lookup websites, APIs, dashboards, and related services (collectively, the “Service”). Read them carefully. They include a mandatory arbitration provision and a class action waiver in Section 19, limits on our liability in Section 17, and automatic conversion of an abused free trial into a paid subscription in Section 5.
1. Agreement to These Terms
By creating an account, starting a free trial, accessing the Service, or using any API key issued to you, you agree to these Terms. If you do not agree, do not use the Service.
If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to both you and that entity. You must be at least 18 years old and legally capable of entering into a contract.
The Service is intended for business use. It is not offered for personal, family, or household purposes.
1.1 Changes to These Terms
We may revise these Terms at any time. If a revision is material, we will provide notice by posting the updated Terms with a new effective date and, where we consider it appropriate, by email or in-product notice. Changes apply prospectively. Your continued use of the Service after the effective date constitutes acceptance. If you do not accept a revision, you must stop using the Service and cancel your subscription before the effective date.
1.2 Additional Terms
Specific features, plans, or purchases may be subject to additional terms, including an order form, a data processing addendum, or documented API usage policies. Those terms are incorporated into these Terms. If they conflict with these Terms, the additional terms control for that feature or purchase only.
2. Definitions
- “Service” means the 1Lookup platform, including our websites, APIs, dashboards, batch tools, documentation, and any data returned through them.
- “Account” means your registered account, including any organization or workspace under it.
- “Lookup” means a single query submitted to the Service, whether through the API, the dashboard, or a batch upload.
- “Token” means the unit of measurement by which Lookups and other usage are metered and billed.
- “Input Data” means data you submit to the Service, such as phone numbers, email addresses, IP addresses, or names.
- “Output Data” means the results the Service returns in response to your Input Data, including validation results, carrier and line-type information, deliverability signals, and geolocation and risk signals.
- “Customer Data” means Input Data together with Output Data associated with your Account.
- “Authorized User” means an individual you permit to access the Service through your Account.
- “Documentation” means the technical and usage documentation we publish for the Service.
3. Eligibility and Accounts
3.1 Accurate Registration Information
You must provide complete and accurate registration information, including a valid business name, a working business email address, and accurate billing details, and you must keep that information current. Registering with false, borrowed, or misleading information is a material breach of these Terms.
3.2 One Account
Unless we agree otherwise in writing, you may maintain one Account. Creating additional Accounts, organizations, or workspaces to obtain additional free trials, evade usage limits, evade suspension, or otherwise circumvent these Terms is prohibited and is subject to Section 5 and Section 15.
3.3 Credentials and Account Security
You are responsible for safeguarding your passwords, API keys, and other credentials. You must not share credentials outside your organization. You are responsible for all activity under your Account and for all Lookups and fees it incurs, whether or not you authorized the activity, except to the extent the activity results from our own breach of these Terms. Notify us promptly at security@1lookup.io if you suspect unauthorized access.
3.4 Authorized Users
You may permit Authorized Users to use the Service through your Account. You are responsible for their acts and omissions as if they were your own, and you must ensure they comply with these Terms.
4. The Service and Your License to Use It
4.1 License Grant
Subject to these Terms and your payment of all fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, and to use Output Data, for your internal business purposes during your subscription term.
4.2 License Restrictions
You must not, and must not permit any third party to:
- Resell, sublicense, rent, lease, distribute, or otherwise make the Service or Output Data available to any third party, except as expressly permitted in writing by us
- Build, populate, enrich, or maintain a competing or substitute database, list, or product from Output Data, or use Output Data to train any machine learning or artificial intelligence model
- Copy, scrape, cache, or store Output Data beyond what is reasonably necessary for your internal business use, or retain Output Data after your subscription terminates except as required by law
- Reverse engineer, decompile, or disassemble any part of the Service, or attempt to discover its source code, underlying data sources, algorithms, or scoring logic
- Circumvent or attempt to circumvent any rate limit, quota, usage limit, authentication, or access control
- Remove, obscure, or alter any proprietary notice, or misrepresent the source of Output Data
- Use the Service to benchmark against a competing product, or publish performance or accuracy comparisons, without our prior written consent
- Access the Service by any automated means other than our documented APIs, or use the Service in a manner that interferes with its integrity, security, or performance
4.3 Reservation of Rights
The Service is licensed, not sold. We reserve all rights not expressly granted in these Terms. No rights are granted by implication or estoppel.
5. Free Trials and Trial Abuse
5.1 One Free Trial Per Customer
We may offer a free trial, currently seven (7) days, so you can evaluate the Service. A valid credit or debit card is required to start a trial. To confirm the card is genuine, your issuer may show a temporary authorization for the plan price. That is not a payment and it is released automatically.
You are entitled to one (1) free trial, ever. One trial per person, per business, per payment method, per household, and per device. Trials are personal to you, are not transferable, and have no cash value. Unless you cancel before the trial ends, your trial converts automatically into a paid subscription at the then-current price of the plan you selected, and the payment method on file is charged.
We may modify, limit, suspend, or discontinue free trials at any time, and we may decline to offer a trial to anyone for any reason.
5.2 What Counts as Trial Abuse
“Trial Abuse” means any attempt to obtain free or additional trial usage you are not entitled to, or to use the Service without paying for it. Trial Abuse includes, without limitation:
- Starting more than one free trial, whether at the same time or one after another
- Creating or using multiple Accounts, organizations, or workspaces to obtain repeat trials
- Using different email addresses, email aliases, subaddresses, or disposable or temporary email services to sign up again
- Using different credit cards, debit cards, virtual cards, or prepaid cards to sign up again
- Using a VPN, proxy, anonymizer, emulator, or any other means to disguise your identity, location, or device in order to sign up again
- Providing false, borrowed, stolen, or misleading identity, business, or billing information
- Cancelling and re-registering, or having an employee, colleague, contractor, agent, relative, or other third party register on your behalf, in order to extend or repeat a trial
- Splitting or rotating usage across trial Accounts instead of purchasing a paid plan
- Using a trial to complete production work, bulk processing, or resale rather than to evaluate the Service
5.3 Your Trial Automatically Becomes a Paid Subscription
IF WE DETERMINE THAT YOU HAVE ENGAGED IN TRIAL ABUSE, INCLUDING CREATING MULTIPLE FREE TRIALS TO CIRCUMVENT PAYMENT, YOUR FREE TRIAL WILL AUTOMATICALLY AND IMMEDIATELY CONVERT INTO A PAID SUBSCRIPTION. THE FULL STANDARD PRICE OF THE APPLICABLE PLAN WILL BE CHARGED TO THE PAYMENT METHOD ON FILE, WITHOUT FURTHER NOTICE, AND THE FREE TRIAL PERIOD WILL END AT THAT MOMENT. BY STARTING A FREE TRIAL, YOU AUTHORIZE THIS CHARGE.
This conversion is automatic. It does not require a warning, a grace period, or your further consent, and it applies to each Account involved in the Trial Abuse. The resulting subscription then renews under Section 6 until you cancel it.
In addition, and at our sole discretion, we may also:
- Charge the standard plan price for each additional trial Account you created
- Invoice you at our then-current list rates for all Lookups, Tokens, and other usage consumed across every Account involved
- Suspend or permanently terminate any or all of your Accounts under Section 15
- Revoke any unused trial credits, Tokens, or promotional balances
- Refuse you future access to the Service, including future trials
- Recover our reasonable costs of collection, including attorneys’ fees, to the extent permitted by applicable law
Amounts charged under this Section are non-refundable and are not eligible for any refund, credit, or proration under these Terms or any refund policy. You agree not to initiate a chargeback or payment dispute for these amounts. Initiating one does not relieve you of the obligation to pay and is itself a breach of these Terms.
5.4 How We Identify Trial Abuse
We may use signals including payment card fingerprints and issuer details, billing names and addresses, IP addresses and address ranges, device and browser fingerprints, email and phone number patterns, business identity and registration records, referral sources, and usage behavior to identify linked or duplicate trial Accounts. We may also use third-party fraud prevention services for this purpose.
We make this determination in good faith and in our reasonable discretion, and our determination is final for purposes of these Terms. Nothing in this Section limits any other remedy available to us at law or in equity.
6. Fees, Billing, and Renewal
6.1 Fees and Payment Method
You agree to pay all fees for the plan you select and all usage incurred under your Account, at the prices in effect when the charge is incurred. All amounts are stated and payable in U.S. dollars unless we specify otherwise. You authorize us and our payment processor to charge your payment method for all amounts due, including subscription fees, usage fees, overages, and applicable taxes.
6.2 Automatic Renewal
Subscriptions renew automatically at the end of each billing period, monthly or annually as applicable, at the then-current price, until cancelled. You may cancel at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You retain access until then, and you are not charged for the following period.
6.3 Tokens
Tokens are purchased in advance and are consumed as you use the Service. Tokens are non-transferable and have no cash value. Purchased Tokens do not expire while your Account is in good standing. Promotional, trial, or complimentary Tokens may expire and may be revoked at any time.
6.4 Price Changes
We may change our prices. For subscription fees, we will give at least thirty (30) days’ notice before a change takes effect for your Account, and the change applies at your next renewal. If you do not accept a price change, you may cancel before it takes effect.
6.5 Taxes
Fees exclude all taxes, levies, and duties. You are responsible for all sales, use, VAT, GST, and similar taxes on your purchase, excluding taxes based on our net income. If we are required to collect such taxes, they will be added to your invoice.
6.6 Failed Payments and Past Due Amounts
If a charge fails, we may retry it. If an amount remains unpaid, we may suspend or terminate your Account and your access to the Service, and we may charge interest on past due amounts at the lesser of 1.5% per month or the maximum rate permitted by applicable law, plus our reasonable costs of collection, including attorneys’ fees. You must keep a valid payment method on file for as long as you have an active subscription or unpaid balance.
6.7 No Refunds
Except as expressly stated in these Terms or as required by applicable law, all fees are non-refundable and are not subject to proration, including fees for partial billing periods, unused Tokens, and periods of non-use. Terminating your Account does not entitle you to a refund of amounts already paid.
6.8 Disputed Charges and Chargebacks
If you believe a charge is incorrect, contact us in writing within thirty (30) days of the invoice or charge date. We will investigate in good faith. Charges not disputed within that period are final. Initiating a chargeback or payment dispute without first contacting us is a breach of these Terms, and we may suspend your Account, recover the disputed amount plus any processor fees, and refuse you future access to the Service.
6.9 Usage Records
Our records of Lookups, Tokens, and other metered usage are the authoritative record for billing purposes, absent manifest error.
7. Acceptable Use and Your Compliance Obligations
7.1 Permitted Purposes
You may use the Service for legitimate business purposes, including validating and verifying phone numbers, email addresses, IP addresses, and names; improving data quality and deliverability; reducing waste in outbound communications; and detecting and preventing fraud.
7.2 You Are Responsible for Your Own Compliance
You are solely responsible for determining whether your use of the Service and of Output Data is lawful, and for complying with all laws that apply to you. We do not provide legal advice, and nothing in the Service or the Documentation is legal advice. This includes, as applicable to you:
- The Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and automated dialing laws, and Do-Not-Call requirements, including obtaining any consent required before calling or texting any number
- The CAN-SPAM Act and other laws governing commercial email
- The Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the Driver’s Privacy Protection Act, and laws governing consumer reports and eligibility decisions, as further described in Section 9
- Privacy and data protection laws, including the California Consumer Privacy Act as amended, other U.S. state privacy laws, the EU and UK General Data Protection Regulation, and any applicable breach notification laws
- Any obligation to provide notice to, or obtain consent from, the individuals whose data you submit, and to honor their rights and any opt-out or deletion requests
7.3 Your Rights in Input Data
You represent and warrant, on an ongoing basis, that you have all rights, consents, and lawful bases necessary to submit your Input Data to the Service and to have us process it as contemplated by these Terms, and that doing so does not violate any law, contract, privacy policy, or third-party right.
7.4 Sensitive Data
You must not submit to the Service any government-issued identification numbers, payment card or financial account numbers, health or medical information, biometric or genetic data, precise geolocation, credentials, information about individuals you know to be under 16, or any special category of personal data under applicable law. The Service is not designed for such data, and we have no liability arising from your submission of it.
8. Prohibited Uses
You must not use the Service, or Output Data, to:
- Violate any applicable law, regulation, or third-party right
- Send, or enable others to send, unlawful telemarketing, robocalls, spam, or unsolicited or non-consented calls, texts, faxes, or emails
- Harass, stalk, threaten, defraud, extort, dox, discriminate against, or harm any person, or facilitate any of the foregoing
- Determine any person’s eligibility for credit, insurance, employment, housing, government benefits, or any other purpose governed by the Fair Credit Reporting Act, as further described in Section 9
- Identify, locate, surveil, or track any individual without a lawful basis, or to skip-trace or investigate any individual in violation of law
- Collect, compile, enrich, sell, or license personal data without a lawful basis and required consents
- Build, train, or improve a competing product, dataset, list, or machine learning or artificial intelligence model
- Resell, redistribute, or provide the Service or Output Data to third parties
- Abuse our free trial, including creating multiple free trials to circumvent payment, as described in Section 5
- Reverse engineer the Service, probe or scan its vulnerabilities, or breach or circumvent its security or authentication measures
- Interfere with the Service, impose an unreasonable load on our infrastructure, or exceed or evade documented rate limits
- Upload malware, or transmit any code or content that is malicious, infringing, obscene, or otherwise unlawful
- Misrepresent your identity, your business, or your affiliation with any person
Violation of this Section is a material breach and may result in immediate suspension or termination of your Account without refund, in addition to any other remedy available to us.
9. Not a Consumer Reporting Agency
1LOOKUP IS NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT, 15 U.S.C. § 1681 ET SEQ. (“FCRA”), AND OUTPUT DATA IS NOT A CONSUMER REPORT. YOU MUST NOT USE THE SERVICE OR OUTPUT DATA, IN WHOLE OR IN PART, AS A FACTOR IN ESTABLISHING ANY CONSUMER’S ELIGIBILITY FOR CREDIT OR INSURANCE, EMPLOYMENT OR TENANT SCREENING, HOUSING, EDUCATION, GOVERNMENT BENEFITS OR LICENSING, OR ANY OTHER PURPOSE GOVERNED BY THE FCRA.
We do not gather Output Data for those purposes, we take no responsibility for FCRA compliance, and we do not offer the certifications, dispute procedures, or adverse action processes the FCRA requires. Nor may you use the Service in any way that requires a permissible purpose under the Gramm-Leach-Bliley Act or the Driver’s Privacy Protection Act.
By using the Service, you certify that you will not use it for any FCRA-regulated purpose. You are solely liable for any use that violates this Section, and you will indemnify us for it under Section 18.
10. Data Accuracy and Third-Party Sources
Output Data is compiled from third-party and public sources, including carrier and telecommunications records, regulatory filings, and commercial data providers. Those sources change constantly and are outside our control.
WE DO NOT WARRANT THAT OUTPUT DATA IS ACCURATE, CURRENT, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE. OUTPUT DATA IS PROVIDED FOR INFORMATIONAL PURPOSES AS A SIGNAL, NOT AS A DETERMINATION OF FACT.
You are responsible for independently evaluating Output Data before relying on it, and for any decision you make based on it. You must not rely on Output Data as the sole basis for any decision that has a legal or otherwise significant effect on an individual. A validation result, risk score, line type, carrier designation, or deliverability signal is a probabilistic assessment, not a guarantee.
We may add, change, deprecate, or remove data sources, fields, and scoring methodologies at any time, and results for the same Input Data may differ over time. Our third-party providers may impose their own restrictions on Output Data, and you agree to comply with any such restrictions we make known to you.
11. Your Data and Our Use of It
11.1 Ownership
You retain all right, title, and interest in your Input Data. We claim no ownership of it. Subject to these Terms, you may use Output Data as permitted by Section 4.
11.2 Our License to Process
You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, and process Customer Data as necessary to provide, secure, support, and improve the Service, to comply with law, and to enforce these Terms.
11.3 Aggregated and De-identified Data
We may create and use aggregated or de-identified data derived from use of the Service, including usage statistics and data quality metrics, for any lawful business purpose, including improving the Service, benchmarking, and publishing industry insights. Such data will not identify you, your Authorized Users, or any individual, and will not disclose your Confidential Information.
11.4 Privacy
Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. Where we process personal data on your behalf as a processor or service provider, a data processing addendum, if executed between us, governs that processing.
11.5 Retention and Deletion
We retain Customer Data for as long as your Account is active and thereafter as needed to comply with law, resolve disputes, and enforce our agreements. Following termination, we may delete Customer Data. You are responsible for exporting any data you wish to keep before termination.
11.6 Security
We maintain commercially reasonable technical and organizational measures designed to protect Customer Data. No method of transmission or storage is completely secure, and we do not guarantee that the Service will be free from unauthorized access.
12. Confidentiality
“Confidential Information” means non-public information disclosed by either party that is designated as confidential or that a reasonable person would understand to be confidential, including our pricing, non-public Documentation, data sources and methodologies, security information, and product roadmaps.
The receiving party will protect Confidential Information with at least reasonable care, will use it only to perform under these Terms, and will not disclose it except to personnel and advisors with a need to know who are bound by comparable obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was known without restriction beforehand, or is independently developed. Disclosure compelled by law is permitted if the receiving party gives prompt notice where legally allowed and discloses only what is required.
13. Intellectual Property and Feedback
The Service, including its software, APIs, databases, compilations, scoring methodologies, Documentation, design, and the 1Lookup name and logos, and all intellectual property rights in them, are and remain our exclusive property or that of our licensors. Output Data, as a compilation, and all rights in our underlying databases remain ours.
If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit them for any purpose without obligation or attribution to you. We are free to use feedback without restriction, and you waive any claim arising from our use of it.
You must not use our name, logos, or trademarks without our prior written consent, except to accurately identify 1Lookup as a service you use.
14. Rate Limits, Fair Use, and Changes to the Service
Your use is subject to the rate limits, quotas, and fair use policies for your plan, as stated in the Documentation or your order form. We may throttle, queue, or reject requests that exceed those limits or that we reasonably believe threaten the stability, security, or performance of the Service or the experience of other customers.
We may modify, enhance, or discontinue features of the Service at any time. If we discontinue a material feature you are actively paying for, and the change materially degrades the Service for you, you may cancel and we will refund any prepaid, unused subscription fees for the remainder of the then-current term. That is our entire liability for such a change.
Unless we have separately agreed to a written service level agreement, the Service is provided without any uptime or availability commitment. We may perform maintenance, including emergency maintenance, at any time.
15. Suspension and Termination
15.1 Your Right to Terminate
You may cancel your subscription or close your Account at any time as described in Section 6.2. Cancellation does not entitle you to a refund except as expressly provided in these Terms.
15.2 Our Right to Suspend or Terminate
We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if we reasonably believe that:
- You have breached these Terms, including Sections 5, 7, 8, or 9
- Any amount owed to us is past due
- Your use poses a security, legal, or reputational risk to us, our providers, or others, or threatens the integrity or performance of the Service
- Your registration or billing information is false or fraudulent
- Suspension is required to comply with law or a request from a governmental authority or data provider
- You have become insolvent or subject to bankruptcy or similar proceedings
Where practicable and not detrimental to us or others, we will give notice and an opportunity to cure. For suspected Trial Abuse, fraud, unlawful use, security threats, or non-payment, we may act immediately and without notice.
15.3 Effect of Termination
On termination, your license and right to access the Service and to use Output Data end immediately, and you must stop using Output Data and delete it, except where retention is required by law. All amounts accrued before termination become immediately due, including amounts charged under Section 5. We may delete your Account and Customer Data. Unused Tokens are forfeited on termination for breach.
15.4 Survival
Sections 5.3, 6, 8, 9, 10, 11.3, 12, 13, 16, 17, 18, 19, 20, and 23, and any other provision that by its nature should survive, survive termination.
16. Disclaimer of Warranties
THE SERVICE, OUTPUT DATA, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUT DATA WILL BE ACCURATE, COMPLETE, OR CURRENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent an exclusion is not permitted, it does not apply to you, and the remaining exclusions continue to apply in full.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply to all claims, whether in contract, tort, negligence, strict liability, statute, or otherwise, and apply even if a limited remedy fails of its essential purpose. They do not limit your obligation to pay fees, your obligations under Section 18, or either party’s liability for fraud, willful misconduct, or any liability that cannot be limited under applicable law.
You acknowledge that the fees reflect this allocation of risk, and that we would not provide the Service on these prices without these limitations. Any claim must be brought within one (1) year after it arises or it is permanently barred, except where applicable law requires a longer period.
18. Indemnification
You will defend, indemnify, and hold harmless 1Lookup and its officers, directors, employees, agents, licensors, and data providers from and against any third-party claim, demand, action, investigation, or proceeding, and all resulting losses, liabilities, damages, penalties, judgments, settlements, costs, and reasonable attorneys’ fees, arising out of or relating to:
- Your use of the Service or Output Data
- Your Input Data, including your rights and consents to submit it
- Your breach of these Terms or of any representation or warranty in them
- Your violation of any law or third-party right, including the FCRA, the Telephone Consumer Protection Act, CAN-SPAM, and privacy and data protection laws
- Any decision you make in reliance on Output Data
- The acts or omissions of your Authorized Users
We will notify you of any such claim, though a failure to notify promptly relieves you of your obligations only to the extent you are materially prejudiced. We may assume control of the defense and settlement of any claim at your expense using counsel of our choosing. You may not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.
19. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF. YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT BEFORE A JUDGE OR JURY, AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
19.1 Informal Resolution First
Before starting an arbitration, you agree to try to resolve the dispute informally by sending a written notice to contact@1lookup.io describing the dispute and the relief you seek. The parties will negotiate in good faith for sixty (60) days. If the dispute is not resolved in that period, either party may begin arbitration. This period tolls any applicable limitations period.
19.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be seated in Delaware, and may be conducted by videoconference or on documents where the rules permit. The arbitrator has exclusive authority to decide all issues, except that a court decides the enforceability of Section 19.4. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.
19.3 Costs
Each party bears its own attorneys’ fees and costs, and the parties split administrative and arbitrator fees, except where the applicable rules or law provide otherwise, or where the arbitrator awards fees to the prevailing party as permitted by law.
19.4 Class Action and Jury Trial Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY.
If this Section 19.4 is found unenforceable as to a particular claim or remedy, that claim or remedy is severed and proceeds in the courts identified in Section 20, and the remainder of Section 19 continues to apply to all other claims.
19.5 Your Right to Opt Out
You may reject this arbitration agreement by sending written notice to contact@1lookup.io within thirty (30) days after you first accept these Terms, stating your name, your Account email, and that you opt out of arbitration. Opting out does not affect any other provision, including the class action and jury trial waiver in Section 19.4, and does not affect any prior agreement to arbitrate.
19.6 Exceptions
Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information, or to stop unauthorized access to the Service, without first pursuing informal resolution or arbitration.
20. Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, and waive any objection to that venue on grounds of inconvenient forum.
21. Export Controls and Sanctions
You must comply with all applicable export control, import, and economic sanctions laws, including those administered by the U.S. Department of Commerce and the U.S. Treasury Department’s Office of Foreign Assets Control. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, that you are not a restricted or denied party, and that you will not provide access to the Service to any such person. We may suspend or terminate your access to comply with these laws.
22. Notices
We may give you notice by email to the address on your Account, by posting in the Service, or by posting on our website. You consent to receive notices electronically, and agree that electronic notice satisfies any legal requirement that notice be in writing. Notice is effective when sent or posted. Keep your email address current; notice sent to a stale address is still effective.
You must give us notice in writing by email to contact@1lookup.io. Notice to us is effective on our receipt.
23. General Provisions
23.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms or order forms incorporated by reference, are the entire agreement between you and us regarding the Service, and supersede all prior or contemporaneous understandings. Any terms in your purchase order or vendor form are void and have no effect.
23.2 Assignment
You may not assign or transfer these Terms, or any right under them, without our prior written consent, including by operation of law or change of control. Any attempted assignment without consent is void. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
23.3 Severability and Waiver
If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing and signed by us.
23.4 Force Majeure
Neither party is liable for any delay or failure to perform, other than an obligation to pay, caused by events beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, government action, epidemic, internet or utility failure, denial of service attack, or failure of a third-party provider or data source.
23.5 Independent Parties
The parties are independent contractors. These Terms create no partnership, joint venture, agency, franchise, or employment relationship, and neither party may bind the other.
23.6 No Third-Party Beneficiaries
These Terms confer no rights on any third party, except that our licensors and data providers are intended beneficiaries of Sections 9, 10, 16, 17, and 18.
23.7 Interpretation
Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against the drafting party.
23.8 U.S. Government Users
The Service is a commercial item. Any use by or for the U.S. Government is subject only to the rights in these Terms, consistent with FAR 12.211, FAR 12.212, and DFARS 227.7202.
24. Contact
Questions about these Terms, and all legal notices, should go to contact@1lookup.io. For account or billing help, contact support@1lookup.io or use our contact page. Security reports go to security@1lookup.io.
1Lookup Inc.