Relevate Terms of Service
By using the Relevate ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Violation of any of the terms below may result in the termination of your account.
Service
- "Subscription" refers to your active service arrangement with Relevate, whether initiated through an online signup or an executed Signup Form. It includes the plan level, features, usage limits, and fees applicable to your account.
- Spaces: Relevate provides collaborative spaces ("Spaces") where multiple people ("Users") can interact to accomplish functions related to different business domains.
- Authorized Services: Relevate platform includes several core services ("Services"), including access to curated consumer and business data, analytics tools, third-party data integrations and campaign execution features. Your account will be provisioned with Spaces and Services specified in your Subscription. You may purchase additional Services as per the terms of your Subscription.
- Misuse: You may use your Account to access Relevate for actual usage, and not competitive analysis or reverse engineering of its features.
- Internal Use: The Service and all content associated with it is for internal use in your organization and authorized users, and not for resale or redistribution.
- Illegal Activities: You may not use the Service for any purpose designed to circumvent or violate applicable laws of any jurisdiction.
- Copyrights & IP: The look and feel of the Service is a copyright© of the Company. All rights are reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
- Bot Access: The Service is strictly for use by people. Creation of accounts, or access to data on created accounts through scrapers or bots or other forms of computer programs is not permitted, except as provided for explicitly through Services.
- Ideas and Suggestions: We welcome your ideas, feature requests, and suggestions to improve our Service. If you voluntarily submit feedback or suggestions without a separate written agreement, you agree that Relevate may freely use, modify, and incorporate your input into the Service without restriction and without any obligation to compensate you.
- Custom Development: If you engage Relevate to develop custom enhancements as part of a paid engagement or project, such work will be governed by the applicable Statement of Work or Subscription, including any terms related to exclusivity, ownership, or licensing of those enhancements.
Account & Access
- Account: You may create a new Account ("Account") as an Individual or as an Organization under a Subscription, and then access services available in Relevate under the Account.
- Account Owner: You are the owner of any Account ("Account Owner") you have initiated, and responsible for use of Services made available under the Account in compliance with the terms outlined in this document.
- Admin: You are the administrator in your Account and may also assign one or more other users invited into your account as administrators. Administrators control access for users within your Account and can manage roles, permissions, and access levels, and may make changes in these at any time.
- Credentials: All users must access Relevate through a registered login ("Login") using your full name, valid email, and other requested details. You must not use false information to create a Login.
- Shared Credentials: Each Login is intended for use by a single individual. Concurrent sessions using the same Login may trigger additional identity verification or result in automatic session termination.
- Lost Credentials: You are responsible for maintaining the confidentiality of your login credentials. Relevate is not liable for any loss or damage arising from unauthorized access due to compromised credentials.
- Downgrading: Downgrading your Service may cause the loss of features, capacity or data associated with your account. The Company does not accept any liability for such loss. Only Account Administrators are authorized to request downgrades.
- API Usage and Rate Limits: Your subscription may include access to Relevate's Application Programming Interface ("API"). Excessive usage of APIs — whether measured by call volume, frequency, data volume, or system impact—may result in throttling or temporary suspension. Relevate will notify you of excessive usage patterns and provide an opportunity to reduce usage or upgrade your plan before any suspension.
- Overuse and Excessive Load: Your use of the Service is subject to fair usage principles to ensure platform performance and availability for all customers. Relevate may limit or suspend access if your usage significantly exceeds that of similarly situated accounts or causes an unreasonable strain on system resources.
We will make reasonable efforts to notify you in advance if thresholds are being exceeded and provide options to reduce usage or upgrade your subscription.
Content & Data
- Customer Data: "Customer Data" includes data that you upload into Relevate, either manually or through APIs. This may include structured data such as tables of customer records or transactional information, and unstructured data such as campaign templates and owned content.
- Confidentiality: Each party agrees to protect the other party’s Confidential Information using reasonable safeguards and not to disclose or use such information except as necessary to perform under this Agreement.
- Data Ownership: You retain all rights to all Customer Data in your Account. Relevate will use Customer Data as necessary to provide the Service and as described in our Privacy Policy, and not disclose or share with any third parties except partners such as Google or Amazon AWS to facilitate your use of the Service, or as required by law. All third-party providers are contractually bound to maintain confidentiality and data security.
- Research and Aggregated Insights: Relevate may use Customer Data in de-identified, anonymized, or aggregated form to generate analyses, metrics, benchmarks, or reports relating to usage patterns, market trends, or other insights. Such use will not reveal your identity, confidential business information, or any personally identifiable information. Relevate retains all rights in resulting aggregated or derived data and associated insights.
- Responsibility: You are responsible for all Customer Data and any activity that occurs under your Account, including actions taken by users you have authorized to access the Service through your Account.
- Data Quality and Remediation Services:
- Data Quality Responsibility: You are responsible for the accuracy, completeness, and quality of all Customer Data uploaded, ingested, or otherwise provided to Relevate.
- Remediation Services: If Customer Data requires cleansing, normalization, correction, enrichment, or entity resolution beyond standard platform functionality in order to be usable within Relevate, such work may be performed by Relevate as a professional service ("Data Remediation Services").
- Fees: Data Remediation Services are billable at Relevate's then-current service rates and are not included in Subscription fees unless expressly stated in writing.
- Approval Threshold: Relevate will not charge Data Remediation Service fees in excess of five hundred dollars ($500 USD) without your prior written approval. Relevate will notify you of the estimated scope and cost of such services before proceeding, and no additional charges will be incurred unless approved by you in writing (including email or in-platform confirmation).
- Screening/Review: The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to remove or refuse to accept any content that is available via the Service.
- Inappropriate Content: You may not use the Service to transmit or distribute content that is abusive, threatening, harassing, defamatory, discriminatory, or otherwise unlawful or offensive. This includes verbal, written, or automated content that targets individuals, groups, or third parties in a harmful or inappropriate manner.
- Data Security and Breach: We maintain industry-standard security measures including data encryption in transit and at rest and role-based access controls. We will notify you within 48 hours of discovering any unauthorized access to your data and provide detailed information about the incident, our response, and recommended actions. We maintain comprehensive incident response procedures and will provide regular updates until resolution.
- Data Download: You may request a full download of any data you have uploaded or ingested into the system. You will be notified when the data has been extracted and is ready for download.
Payment Terms
- Fees: Each Account will be charged setup fees and/or recurring fees ("Fees"), based on the Services and usage metrics specified in your Subscription. The fees will be due at the beginning of each billing cycle.
- Billing Cycle: Your Subscription defines the billing frequency for recurring fees, which may be monthly or yearly or different interval. All billing cycles begin on the first of the month following signup or upgrade of Subscription.
- Payment: You may pay Fees that are due either by Credit Card or ACH, or other terms if agreed to in advance by us. Your credit card will be debited for amount of Fees on the date it is due. Billing information and history will be made available online.
- Upgrades, Additions: Fees for additional services or upgrades activated mid-cycle will be prorated or charged per your Subscription.
- Downgrading: Downgrades will take effect at the start of the next billing cycle. Fees will not be prorated for downgrades requested mid-cycle.
- Taxes: Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Trial Period: If your Subscription includes a free trial period ("Trial Period"), continued use of the Service beyond the Trial Period requires immediate payment of any applicable one-time and recurring fees specified in your plan. Changing your Subscription plan during or after the Trial Period does not restart or extend the Trial Period.
Cancellation and Termination
- Cancellation by You: You, as the Account Owner, or an authorized Account Administrator, may cancel your Subscription at any time through your account settings or by providing written notice to Relevate. The effective termination date ("Effective Termination Date") will be the last day of your current billing cycle, unless otherwise agreed to in writing.
- Termination or Suspension by Relevate: Relevate may suspend or terminate your access to the Service in accordance with the "General Terms : Breach and Remedies" section, including, without limitation, in the event of material breach, misuse of the Service, or violation of applicable law.
- Access to Content: Your content and data will remain accessible until the Effective Termination Date. After that date, access will be disabled. You are responsible for downloading or requesting any data you wish to retain before the Effective Termination Date.
- Fees: Fees already charged for the current billing cycle are non-refundable. You remain responsible for any unpaid fees incurred prior to the Effective Termination Date.
- Survival: Upon the Effective Termination Date, this Agreement will terminate, except for those provisions that by their nature survive termination. These include, without limitation, provisions related to intellectual property, confidentiality, payment obligations, dispute resolution, and limitations of liability.
Modifications to Service and Prices
- Pricing Changes: Relevate may change pricing for subscriptions or service tiers at any time. However, any new pricing will not apply to your existing subscription until at least ninety (90) days after we notify you of the change. After this period, continued use of the Service will constitute your acceptance of the updated pricing.If Relevate makes a material adverse change to pricing, core functionality, or this Agreement, Customer may terminate the Subscription upon written notice within thirty (30) days of such change, and receive a prorated refund of any prepaid, unused fees.
- Service Changes: Relevate may enhance, modify, or update the Service periodically to improve performance, security, or compliance. We will make reasonable efforts to avoid removing material functionality. If a reduction in core functionality is planned, we will provide at least sixty (90) days' advance notice.
Marketing Compliance
- Relevate-Provided Contacts: For outreach campaigns using contacts sourced from Relevate consumer and business databases (including licensed third-party data), Relevate will manage compliance with applicable marketing and spam laws, including opt-out requirements. These campaigns are executed by Relevate on your behalf using data curated or licensed by Relevate.
- Customer-Provided Contacts: If you upload or manage your own contact lists (such as existing customers, leads, or referral contacts), you represent and warrant the following:
- Existing Relationship: You have a lawful basis to contact each recipient (e.g., prior relationship or explicit consent);
- Applicable Laws: Your use of the Service to communicate with such contacts complies with all applicable marketing and data protection laws, including but not limited to the CAN-SPAM Act, GDPR, and CASL.
- Confirmation: At the time of upload, you agree to confirm through checkbox if asked, compliance to the above criteria.
- Content Ownership and Rights: You are solely responsible for ensuring that any content or contact data you upload or use in campaigns is lawfully owned or licensed and does not infringe the rights of others.
- Relevate's Role: For Customer-Provided Contacts, Relevate acts solely as a data processor or service provider under applicable privacy laws and carries out your instructions in accordance with this Agreement.
General Conditions
- Service Provided As-Is: Except for the Limited Functionality Warranty set forth later in this section, your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, reliability, availability, or noninfringement.
- Mutual Indemnification: Each party agrees to indemnify, defend, and hold harmless the other party from third-party claims arising from (i) its breach of this Agreement, (ii) its gross negligence or willful misconduct, or (iii) violation of applicable law.
Relevate will additionally indemnify Customer against third-party claims alleging that the Service, as provided by Relevate, infringes a U.S. patent, copyright, or trademark, excluding claims arising from Customer Data, third-party integrations, or modifications not made by Relevate.
- Technical Support: Relevate provides technical support to authorized users through an online ticketing system. Support inquiries may be submitted via the platform or through designated support email addresses. Relevate will use reasonable efforts to respond to support requests within one (1) business day. Support availability and response times may vary depending on your subscription tier and the nature of the request.
- Third-Party Services: Relevate uses third-party service providers to support the operation of the Service, including cloud hosting, payment processing, communications, and analytics. These providers are contractually obligated to follow appropriate security and confidentiality standards.
Relevate is not liable for any delay, interruption, or failure of the Service caused by third-party providers, provided such providers were selected and managed with reasonable care.
- Affiliation and Branding: You may not use the Relevate name, logo, or branding in any way that implies an endorsement, partnership, or formal affiliation with Relevate, unless expressly authorized in writing. You may not falsely represent that your website, business, or offering is operated by, sponsored by, or affiliated with Relevate.
- Usage Restriction and IP: The Service, including its underlying code, design, architecture, and all related intellectual property, is owned by Relevate or its licensors and is protected by copyright, trademark, and other applicable laws.
You may not reproduce, copy, sell, resell, sublicense, or exploit any portion of the Service without Relevate's express written consent. You may not modify, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying structure of the Service.
Any violation of this section may result in immediate suspension or termination of your access to the Service and may subject you to legal action, including injunctive relief or damages.
- Account Removal: We may, but have no obligation to, remove content and accounts that we determine, in our sole discretion, are unlawful or violate any party's intellectual property or these Terms of Service.
- Limited Functionality Warranty: Relevate warrants that the core functionality of the Service provisioned under your Subscription will substantially conform to the descriptions set forth therein, under normal use and circumstances. If the Service fails to meet this warranty and you notify us within thirty (30) days of discovery, Relevate will use commercially reasonable efforts to correct the non-conformity. This remedy is your sole and exclusive remedy for any failure of the Service to perform as described.
- Limitation of Liability: : Except for (i) indemnification obligations, (ii) breach of confidentiality, or (iii) gross negligence or willful misconduct, each party’s total aggregate liability arising out of or related to this Agreement shall not exceed the fees paid or payable by Customer to Relevate in the twelve (12) months preceding the claim.
- Modifications: Relevate may update these Terms of Service from time to time. For material changes that affect your rights or obligations, we will provide at least thirty (30) days' advance notice by email or via the Service. The updated terms will become effective on the date stated in the notice.
Your continued use of the Service after the effective date of a material change constitutes your acceptance of the revised terms. If you do not agree to the changes, you may cancel your subscription before the changes take effect, in accordance with the "Cancellation and Termination" section.
- Breach and Remedies
- Material Breach: A material breach of this Agreement includes, but is not limited to, unauthorized use of the Service; failure to pay undisputed fees when due; misuse of API access; violation of data protection obligations; or any conduct that compromises the integrity, security, or lawful operation of the Service.
- Notice and Cure Period: In the event of a material breach by either party, the non-breaching party may terminate this Agreement by providing written notice specifying the nature of the breach. If the breach is capable of being cured, the breaching party will have ten (10) business days from receipt of such notice to cure the breach to the reasonable satisfaction of the non-breaching party.
- Relevate Obligations: If Relevate is in material breach of this Agreement and fails to cure the breach within the applicable notice and cure period, you may terminate the Agreement and request a prorated refund of any prepaid, unused fees as your sole and exclusive remedy, unless otherwise required by law.
- Immediate Suspension: Relevate reserves the right to immediately suspend access to the Service without prior notice if it determines that the breach presents a material risk to system security, violates applicable law, or could cause harm to other users or third parties.
- Preservation of Rights: Termination for breach does not waive any other rights or remedies available under this Agreement or applicable law.
- Equitable Remedies: In the event of a breach, Relevate may seek equitable remedies, including injunctive relief, without the need to post bond or prove actual damages, in addition to any other remedies available under law.
- Severability: If any provision of this Agreement is held to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if not possible, deemed severed from this Agreement. The remaining provisions will remain in full force and effect.
- Dispute Resolution & Governing Law
- Informal Negotiations: Before initiating arbitration or legal action, both parties agree to attempt in good faith to resolve any dispute related to this Agreement through written notice and informal negotiations for at least thirty (30) days. Notices to Relevate should be sent to support@relevate.com or another published support address.
- Binding Arbitration: If a dispute is not resolved through informal negotiation, it will be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Arbitration will be held in Hennepin County, Minnesota. Each party waives the right to a jury trial. Arbitration may be conducted in person, online, or by written submissions, and the arbitrator will follow applicable law.
- Exceptions to Informal Negotiations and Arbitration: Either party may bring a claim in court (rather than arbitration) to protect intellectual property rights, confidential information, or seek injunctive relief.
- Location: Any arbitration will be conducted in Hennepin County, Minnesota. If a dispute is not subject to arbitration, or no arbitration is elected, the parties agree that it will be resolved exclusively in the state or federal courts located in Hennepin County, Minnesota. Each party agrees to the personal jurisdiction of those courts.
- Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This applies to your use of the Service, including any related websites, web-based interfaces, or supporting infrastructure provided by Relevate.
- No Waiver: Failure by either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, unless expressly stated in writing and signed by the waiving party.
- Entire Agreement: This Agreement, together with Signup Form or a recorded online acceptance click of a subscription plan, constitutes the entire agreement between you and Relevate with respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings, communications, or agreements, whether oral or written.