This Data License Agreement (the “Agreement”) governs your purchase and use of audience data and related deliverables from Knox Concepts LLC, which operates the ActAlikes.ai platform (“ActAlikes,” “we,” “us,” or “our”). By checking the acceptance box, completing your purchase, or accessing, downloading, or using the Licensed Data, you (“Licensee” or “you”) agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other organization, you represent that you have authority to bind that organization.
In plain terms: the audience data you license is for your own advertising only. You may not resell, share, or give it to anyone else; you must honor consumer opt-outs; you may not try to identify the people behind the data; and you must delete it when your license term ends. The full terms are below.
Contents
1. Definitions
- Licensed Data means the audience segments, mobile advertising identifiers (“MAIDs”), and related data files and deliverables we make available to you in connection with your order.
- Campaign means the digital advertising campaign(s) for the event, venue, artist, or business purpose identified in your order.
- Term means the license period stated in your order — typically one (1) year from the date of first delivery — including any periodic (e.g., quarterly) data refreshes provided during that period.
- Ad Platform means a reputable demand-side platform or advertising service used solely to execute your Campaign.
2. License Grant
Subject to your compliance with this Agreement and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Licensed Data solely for your own Campaign during the Term.
You may upload or transmit the Licensed Data to an Ad Platform solely to deliver your own Campaign, provided that the Ad Platform is contractually obligated to use the Licensed Data only for that purpose and not to retain, resell, or repurpose it. No other use, transfer, or disclosure is permitted.
3. Restrictions on Use
You shall not, and shall not permit any third party to:
- sell, rent, lease, sublicense, distribute, publish, share, or otherwise transfer the Licensed Data to any third party, other than to an Ad Platform as expressly permitted in Section 2;
- use the Licensed Data for any purpose other than your own Campaign, or beyond the geographic area, radius, or time period covered by your order or after the Term;
- attempt to re-identify, de-pseudonymize, or determine the identity, household, contact information, or precise location or movements of any individual, or combine the Licensed Data with other data for any such purpose;
- use the Licensed Data to make or facilitate any decision regarding an individual’s eligibility for housing, employment, credit, insurance, healthcare, education, or any other legally protected or sensitive purpose;
- use the Licensed Data to target, profile, or market to children, or for harassment, stalking, or any unlawful, discriminatory, deceptive, or harmful purpose;
- reverse engineer or attempt to derive our methods, models, or data sources;
- remove, obscure, or alter any identifiers, watermarks, seeded records, or notices contained in the Licensed Data.
4. Compliance with Laws & Policies
You are solely responsible for ensuring that your use of the Licensed Data and your Campaigns comply with all applicable laws and regulations, including without limitation the California Consumer Privacy Act (as amended by the CPRA) and other U.S. state privacy laws, the GDPR and UK GDPR where applicable, the CAN-SPAM Act, and the Telephone Consumer Protection Act, as well as the policies and terms of any Ad Platform you use. You are solely responsible for the content and legality of your advertising.
5. Consumer Choices & Suppression
You must honor consumer opt-out, do-not-sell-or-share, and deletion choices. You must promptly cease using any identifier upon notice from us or from a consumer, and you must not attempt to contact individuals directly through the Licensed Data except through compliant delivery on an Ad Platform. We may suppress or require you to suppress identifiers at any time to comply with consumer choices or applicable law.
6. Ownership
As between the parties, we and our data suppliers retain all right, title, and interest in and to the Licensed Data and all related intellectual property. You receive only the limited license expressly granted in this Agreement. No rights are granted by implication, estoppel, or otherwise.
7. Tracing & Audit
You acknowledge that the Licensed Data may contain unique identifiers, seeded or decoy records, or watermarks that allow us to detect unauthorized use, copying, or distribution, and you consent to the inclusion and use of such measures. We may investigate suspected misuse and, on reasonable notice, audit your compliance with this Agreement.
8. Term, Refreshes & Deletion
This license is effective for the Term. Where periodic refreshes are included, each refresh replaces the prior delivery; you must use only the most recent refresh and delete superseded copies. Upon expiration or termination of the Term, you must immediately stop using the Licensed Data and securely delete or destroy all copies in your possession or control (except copies you are required by law to retain), and, upon our request, certify such deletion in writing.
9. Confidentiality
You will treat the Licensed Data as our confidential information, protect it using at least reasonable safeguards, and limit access to personnel and service providers who need it to perform your Campaign and who are bound by confidentiality obligations at least as protective as those in this Agreement.
10. Disclaimers
THE LICENSED DATA IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, MATCH RATE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Audience data is pseudonymous and probabilistic, and we do not warrant any particular result, reach, or campaign performance.
11. Indemnification
You will defend, indemnify, and hold harmless Knox Concepts LLC and its affiliates, suppliers, officers, and employees from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Licensed Data, your Campaigns, or your breach of this Agreement or of applicable law.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM.
13. Termination
We may suspend or terminate this Agreement and your access to the Licensed Data immediately if you breach this Agreement. Upon termination, the license granted to you ends and the deletion obligations in Section 8 apply. Sections 3, 6, 7, 8, 9, 10, 11, 12, 14, and 15 survive termination.
14. Governing Law & Disputes
This Agreement is governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. The state and federal courts located in North Carolina will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and you consent to the personal jurisdiction of those courts.
15. General
This Agreement, together with your order and our Privacy Policy, is the entire agreement between you and us regarding the Licensed Data and supersedes any prior understandings. We may update this Agreement for future orders by posting a revised version. You may not assign this Agreement without our prior written consent; we may assign it. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. The parties are independent contractors.
16. Contact
Questions about this Agreement may be directed to:
Knox Concepts LLC
ActAlikes.ai
624 1st Ave W, Hendersonville, North Carolina 28739, USA
Email: privacy@knoxconcepts.com