Terms & Policies

These Terms of Service ("Terms") govern your access to and use of the products, datasets, software, and services provided by MPoint Analytics ("MPoint", "we", "us"). By placing an order, creating an account, or otherwise using our services, you agree to be bound by these Terms.

You agree to use MPoint products solely for lawful business purposes. You may not resell, sublicense, or redistribute raw datasets in their original form without prior written consent. You are solely responsible for ensuring that your use of any purchased data complies with all applicable federal, state, and local laws and regulations, including but not limited to telemarketing, email marketing, data protection, and consumer privacy laws (such as the TCPA, CAN-SPAM, CCPA, and GDPR where applicable).

MPoint makes no representation, warranty, or guarantee regarding sales outcomes, response rates, conversion rates, or any specific business results obtained from the use of our data or software. All services are provided on an "as is" and "as available" basis.

Records delivered by MPoint are licensed to you for your own internal business-to-business prospecting, sales, marketing, recruiting, and territory-planning purposes. The license is non-exclusive, non-transferable, and revocable for breach.

You agree that you will not:

• Resell, license, publish, or redistribute the records, in whole or in substantial part, to any third party without our prior written consent.
• Use the records for unlawful, deceptive, harassing, or fraudulent activity, or to send unlawful commercial email, text messages, faxes, or automated or prerecorded calls.
• Use the records to make decisions about an individual's credit, insurance, employment, housing, or eligibility for a government benefit or license.
• Use the records in violation of the TCPA, CAN-SPAM, state telemarketing and do-not-call rules, the CCPA/CPRA or other state privacy laws, or the GDPR where applicable.

You are solely responsible for scrubbing against applicable do-not-call and suppression lists, obtaining any consent required for your outreach, and honoring opt-out requests you receive.

MPoint Analytics is not a consumer reporting agency as defined by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq. — "FCRA"), and the information we provide is not a consumer report. Our records are business-to-business information intended for sales, marketing, and market-research purposes only.

You may not use, and you agree not to use, any information obtained from MPoint, in whole or in part, as a factor in establishing an individual's eligibility for credit or insurance, employment or tenant screening, or any other purpose covered by the FCRA or by any comparable state law. MPoint does not verify the accuracy of information for FCRA purposes and makes no representation that it is suitable for any such use.

MPoint offers both verified and unverified contact and location records.

Verified means the record has been reviewed by a human researcher prior to delivery. Verification confirms a reasonable effort to validate the information at the time of review; it does not constitute a guarantee of ongoing accuracy, completeness, or current availability. Business information changes frequently, and MPoint cannot warrant that verified records will remain accurate after delivery.

Unverified records are sourced from large-volume datasets and have not been individually reviewed. They may contain outdated, incomplete, missing, or inaccurate information. MPoint does not guarantee that any record will include both phone and email, or that any individual or business is currently active, hiring, or purchasing services.

You acknowledge that data of this nature is inherently imperfect and agree that MPoint shall not be liable for any decision made or action taken in reliance on any record provided.

Refunds, replacements, credits, and chargebacks are governed in full by our Refund Policy, which is incorporated into these Terms by reference. In the event of any conflict between this summary and the Refund Policy, the Refund Policy controls.

In summary: because each order requires research effort, all sales are final once research work has begun. Refunds may be considered where work has not yet begun, where MPoint is unable to fulfill an order, where a delivery materially fails to match the agreed scope and replacement is not practical, or where a duplicate charge or billing error occurred. Requests must be submitted in writing within seven (7) days of delivery.

Most orders are delivered electronically by email within 24–48 hours of purchase. Delivery times are estimates and not guarantees. Larger orders, custom research requests, and territory intelligence projects may require additional fulfillment time, which will be communicated to you where applicable.

Orders are delivered to the email address provided at checkout. It is the customer's responsibility to provide a valid, monitored email address and to ensure that messages from MPoint are not blocked or filtered. MPoint is not responsible for delivery failures caused by incorrect email addresses, full inboxes, or recipient-side spam filtering.

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

We do not sell customer information. Customer account data is not included in any dataset offered for sale. Payment processing is handled by a third-party payment processor; MPoint does not store full payment card numbers.

To the maximum extent permitted by law, all products, datasets, research, and software are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. MPoint specifically disclaims the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty as to accuracy, completeness, currency, or uninterrupted or error-free operation.

Some jurisdictions do not allow the exclusion of certain warranties, so portions of this section may not apply to you.

To the maximum extent permitted by law, MPoint Analytics and its owners, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, lost goodwill, or loss of data, arising out of or relating to your use of our products or services, even if advised of the possibility of such damages.

MPoint's total aggregate liability arising out of or relating to any order, these Terms, or the services will not exceed the amount you actually paid to MPoint for the specific order giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

You agree to defend, indemnify, and hold harmless MPoint Analytics and its owners, officers, employees, and contractors from and against any claims, demands, actions, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of any data or services provided by MPoint; (b) your marketing, calling, texting, emailing, or other outreach activities; (c) your breach of these Terms or of the Permitted Use and Not a Consumer Report sections above; or (d) your violation of any law or the rights of any third party.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any suspected unauthorized access.

MPoint may suspend or terminate an account or refuse or cancel an order at its discretion, including where we reasonably believe there has been a breach of these Terms, unlawful or abusive use of our data, fraudulent payment activity, or a chargeback filed for delivered work. Sections concerning permitted use, disclaimers, limitation of liability, indemnification, and general terms survive termination.

These Terms and any dispute arising out of or relating to them or to our products and services are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

Binding arbitration. Except for claims that qualify for small claims court and for requests for injunctive relief to protect intellectual property or confidential information, any dispute between you and MPoint Analytics will be resolved by final and binding individual arbitration administered by a recognized arbitration provider under its commercial rules. The arbitration will be seated in Orange County, California, and judgment on the award may be entered in any court of competent jurisdiction. Any court proceeding permitted under this section will take place in the state or federal courts located in Orange County, California, and you consent to that jurisdiction and venue.

Class action waiver. You and MPoint each agree to bring claims 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 claims or preside over any form of representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court rather than in arbitration.

Time to bring a claim. Any claim arising out of or relating to these Terms or the services must be brought within one (1) year after the claim arose, to the extent permitted by applicable law.

This section applies to custom website and MPoint-OS development, configuration, hosting, and support projects. It is in addition to the other Terms on this page and does not limit the data, research, permitted-use, or FCRA provisions above, which continue to govern MPoint's business-intelligence products.

Scope and approval. Each project is governed by a written project scope or statement of work describing the deliverables, features, milestones, fees, and timeline. Development work is considered started once the customer approves the written scope and MPoint receives the agreed deposit or first milestone payment, or once MPoint begins configuration work at the customer's written direction, whichever occurs first.

Deposits and milestone payments. Projects may require a deposit and milestone payments. Amounts, due dates, and payment conditions are stated in the project agreement. Hosting, maintenance, and support fees may be billed separately on a recurring basis.

Change requests. Work requested outside the approved scope is a change request. MPoint will confirm any additional fees and schedule impact in writing before performing out-of-scope work. MPoint does not offer unlimited revisions or unlimited development.

Customer responsibilities. The customer is responsible for timely delivery of content, branding assets, records, approvals, and access to third-party accounts, domains, and systems required for the project. Delays in customer-provided materials or approvals may shift the schedule.

Review, acceptance, and launch. Deliverables are submitted for customer review and acceptance testing. Unless the project agreement states otherwise, a deliverable is accepted when the customer approves it in writing or does not report a scope-related defect within the review period stated in the project agreement. Launch occurs after the customer's written launch approval.

Hosting, maintenance, support, and backups. Where hosting is included, MPoint provides hosting, routine maintenance, platform updates, monitoring, and periodic backups under the applicable agreement. MPoint does not warrant uninterrupted or error-free service, and does not warrant that any system, backup, or security measure is perfect or immune from compromise.

Data migration. Where migration is included in scope, MPoint imports records from agreed sources and formats. Migration accuracy depends on the quality, structure, and completeness of the source data, and MPoint does not guarantee perfect migration or the conversion of every field, file, or historical record.

Third-party integrations and fees. Integrations depend on third-party platforms that MPoint does not control. MPoint does not guarantee compatibility with every third-party platform, and is not responsible for third-party outages, deprecations, API changes, pricing changes, or discontinued services. Third-party fees — including domains, licenses, payment processing, messaging, and similar services — are the customer's responsibility unless the project agreement states otherwise.

Ownership and licensing. The customer owns its content, brand assets, domain, and the business and workforce data it stores in the system. MPoint retains all rights in its pre-existing materials and in its reusable tools, frameworks, components, templates, libraries, and know-how, and grants the customer a non-exclusive, non-transferable license to use them as incorporated in the delivered project during the term of the agreement. Ownership or licensing of project-specific deliverables is as stated in the project agreement.

Confidentiality. Each party will protect the other's non-public business information disclosed in connection with the project and use it only to perform or receive the services.

Authorized users and account security. The customer determines which users may access its system and at what permission level, and is responsible for the accuracy of those assignments, for its users' activity, and for safeguarding credentials. The customer must promptly notify MPoint of any suspected unauthorized access.

Suspension and termination. MPoint may suspend a hosted system for non-payment, suspected unauthorized or unlawful use, or a security risk, with notice where practicable. Either party may terminate as provided in the project agreement.

Data export and transition. On termination or expiration, MPoint will provide an export of the customer's business data in a standard format on written request within the period stated in the project agreement, subject to payment of undisputed amounts due. Access to the hosted system ends at the close of the term.

Order of precedence. If the individual written project agreement or statement of work conflicts with this section, the project agreement controls for project-specific pricing, deliverables, ownership, timelines, support, and acceptance terms.

Changes. MPoint may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above. Your continued use of the services after an update constitutes acceptance of the revised Terms. The Terms in effect at the time of your order govern that order.

Entire agreement and severability. These Terms, together with the Refund Policy and Privacy Policy, are the entire agreement between you and MPoint regarding the services and supersede any prior understandings. If any provision is held unenforceable, the remaining provisions remain in full force.

No waiver; assignment. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. MPoint is not liable for delays or failures caused by events beyond its reasonable control, including outages of infrastructure, payment, or email providers.