Terms of Service

1. Agreement and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SuperSpawn, Inc. ("SuperSpawn," "we," "us," or "our") governing your access to and use of the SuperSpawn platform, website, services, and related applications (collectively, the "Service").

By accessing, browsing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

2. Eligibility and Account Requirements

2.1 Age and Capacity

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our Service. By using the Service, you represent and warrant that you meet these requirements.

2.2 Business Use

Our Service is intended for legitimate business purposes only. You represent that you are using the Service in your professional capacity or for business-related research and intelligence gathering.

2.3 Geographic Restrictions

The Service is not available to users in jurisdictions where such use would violate applicable law. You are responsible for ensuring your use complies with all applicable local, state, national, and international laws and regulations.

3. Service Description and Features

SuperSpawn is a comprehensive business intelligence platform that provides:

3.1 Core Services

• Company Database: Access to comprehensive company profiles, business information, and corporate data
• Search and Discovery: Advanced search capabilities with filtering and sorting options
• Analytics and Insights: Business intelligence tools and market analysis features
• Data Export: Ability to export and download selected business information
• API Access: Programmatic access to our data (where applicable to your subscription tier)

3.2 Premium Features

Certain advanced features may require a paid subscription, including:

• Enhanced data access and unlimited searches
• Advanced filtering and analytics capabilities
• Bulk data export and API access
• Priority customer support and dedicated account management
• Custom integrations and enterprise features

3.3 Service Availability

We strive to provide uninterrupted access to our Service, but we do not guarantee 100% uptime. We may temporarily suspend access for maintenance, updates, or other operational reasons with reasonable notice when possible.

4. User Accounts and Registration

4.1 Account Creation

To access certain features, you must create an account by providing accurate and complete information, including:

• Valid email address
• Secure password meeting our security requirements
• Professional information (name, company, role)
• Billing information (for paid subscriptions)

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use or security breaches
• Ensuring your account information remains current and accurate

4.3 Account Sharing

Accounts are for individual use only. You may not share your login credentials or allow multiple users to access the Service through a single account unless explicitly permitted by your subscription plan.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Service for legitimate business purposes, including:

• Market research and competitive analysis
• Lead generation and prospecting
• Due diligence and business verification
• Academic and educational research

5.2 Prohibited Activities

You agree not to use the Service to:

• Illegal Activities: Violate any applicable laws, regulations, or third-party rights
• Spam and Harassment: Send unsolicited communications or engage in harassment
• System Abuse: Overload, crash, or impair our systems or security measures
• Automated Access: Use bots, scrapers, or automated tools without authorization
• Data Misuse: Resell, redistribute, or misuse our data or content
• Reverse Engineering: Attempt to extract source code or underlying data structures
• Competitive Intelligence: Use our Service to build competing products or services
• Privacy Violations: Collect personal information without proper consent

5.3 Rate Limits and Usage Restrictions

To ensure fair access and system stability, we may impose:

• Daily or monthly search limits based on your subscription tier
• Rate limits on API calls and data exports
• Restrictions on bulk downloading or data extraction
• Temporary suspensions for excessive usage patterns

6. Subscription Plans and Billing

6.1 Subscription Tiers

We offer various subscription plans with different features and usage limits. Current plans and pricing are available on our website and may be updated from time to time.

6.2 Billing and Payment

• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Payment Methods: We accept major credit cards and approved payment methods
• Price Changes: We may modify pricing with 30 days' notice to existing subscribers
• Taxes: You are responsible for all applicable taxes
• Failed Payments: Service may be suspended for payment failures

6.3 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• We generally do not provide refunds for partial periods
• We may provide refunds at our discretion for service issues or billing errors

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, and technology, is owned by SuperSpawn and protected by:

• Copyright, trademark, and patent laws
• Trade secret and proprietary information protections
• International intellectual property treaties
• Database rights and compilation protections

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for your internal business purposes
• Download and use data in accordance with your subscription terms
• Create derivative works solely for your internal use

7.3 Restrictions

You may not:

• Copy, modify, distribute, or create derivative works for commercial redistribution
• Remove or alter any proprietary notices or labels
• Use our trademarks without written permission
• Claim ownership of any portion of the Service or its content

7.4 Third-Party Content

Our Service may include content from third-party sources. Such content remains the property of its respective owners and is used under appropriate licenses.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.1 Data Processing

By using our Service, you consent to our processing of your information as described in our Privacy Policy and these Terms.

8.2 Data Security

We implement industry-standard security measures to protect your data, but you acknowledge that no system is completely secure.

8.3 Compliance

We comply with applicable data protection laws, including GDPR, CCPA, and other relevant privacy regulations.

9. Service Modifications and Availability

9.1 Service Changes

We reserve the right to:

• Modify, update, or discontinue any aspect of the Service
• Add or remove features with reasonable notice
• Change technical requirements or system specifications
• Update our data sources and methodologies

9.2 Maintenance and Downtime

We may temporarily suspend the Service for:

• Scheduled maintenance and updates
• Emergency repairs or security measures
• Infrastructure improvements
• Legal or regulatory compliance

9.3 Service Discontinuation

If we discontinue the Service, we will provide at least 30 days' notice and assist with data export where technically feasible.

10. Disclaimers and Warranties

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
• ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OR FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS

10.2 Data Accuracy

While we strive to provide accurate and up-to-date information, we do not warrant:

• The accuracy, completeness, or currency of any data
• That information meets your specific requirements
• That data sources are error-free or completely reliable
• That our analysis or insights are suitable for your particular use case

10.3 Third-Party Services

Our Service may integrate with or rely on third-party services. We disclaim all warranties regarding such third-party services and are not responsible for their availability, functionality, or content.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERSPAWN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• BUSINESS INTERRUPTION OR OPERATIONAL DELAYS
• LOSS OF GOODWILL OR REPUTATION
• COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES

11.2 Liability Cap

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

11.3 Time Limitation

Any claim against SuperSpawn must be commenced within one (1) year after the cause of action arises, or such claim will be permanently barred.

12. Indemnification

You agree to indemnify, defend, and hold harmless SuperSpawn, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or applicable law
• Your infringement of any third-party rights
• Any content or information you provide or submit
• Your negligent or wrongful conduct

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our customer support team
• Following the cancellation procedures outlined in our help documentation

13.2 Termination by SuperSpawn

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms or our policies
• Illegal or fraudulent activity
• Non-payment of fees
• Abuse of the Service or harmful conduct
• Security or compliance reasons

13.3 Effects of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• We may delete your account data after a reasonable period
• You remain liable for all charges incurred before termination
• Provisions that by their nature should survive will continue to apply

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, you agree to first attempt to resolve disputes informally by contacting us at legal@superspawn.com. We will work in good faith to resolve any issues.

14.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

14.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class action, collective action, or representative proceeding.

14.4 Exceptions

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or prevent irreparable harm.

15. Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of [Your State/Country], without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be conducted in the state and federal courts located in [Your Jurisdiction].

15.1 International Users

If you are accessing the Service from outside [Your Country], you acknowledge that you are doing so at your own initiative and are responsible for compliance with applicable local laws.

16. Force Majeure

SuperSpawn shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, war, terrorism, or civil unrest
• Government actions, regulations, or sanctions
• Internet outages, cyberattacks, or infrastructure failures
• Pandemics, epidemics, or public health emergencies
• Labor disputes, strikes, or work stoppages

17. Entire Agreement and Modifications

17.1 Complete Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and SuperSpawn regarding the Service.

17.2 Modifications

We may update these Terms from time to time. Material changes will be communicated through:

• Email notification to registered users
• Prominent notice on our website
• In-app notifications where applicable

Continued use of the Service after notice of changes constitutes acceptance of the updated Terms.

17.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

18. Additional Provisions

18.1 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

18.2 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

18.3 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and dispute resolution.