This Data License and Terms of Sale (the "Agreement") is between YSK Technologies LLC, 5828 W Jefferson Blvd, Fort Wayne, IN 46804 ("we", "us"), and the person or organization buying ("you"). Completing a purchase, or paying an invoice from us, means you accept this Agreement and our Terms of Use. If you are buying for an organization, you confirm you can bind it.
1. Products
- One list: a one-time download of a list as it is on the day it is built (for example a company portfolio, a metro segment, a county's HOAs, a brand, a statewide segment or a custom list you filter yourself). Each list is priced by its number of rows: up to 50 rows $49; 51–500 rows $99; 501–5,000 rows $199; 5,001–20,000 rows $399; over 20,000 rows $799. Every file has the same columns; fields are filled where the source records have them, and each list page shows how much of each field is filled before you buy.
- Decision-makers: where we have them, files include named decision-makers with verified work emails at a property's management company, ownership group or operator: the best contact on each row, plus a Decision-makers sheet (and CSV) listing the people at the companies in the file. These are business contacts in their work roles; the restrictions in sections 3 and 4 apply to them, and anyone can opt out on our opt-out page.
- Local plan ($99 a month, one metro): weekly alerts with contacts about new and changed properties in that metro, and refreshed copies of lists you have already bought in that metro while you are subscribed. It does not include downloads of other full lists; those are bought one at a time.
- Texas plan ($2,490/yr, about $208 a month, billed yearly): every list in Texas, the custom list builder and weekly alerts for all of Texas, while the subscription is active. Yearly billing only.
- Free alert trial: when you buy a list you may choose (by ticking a box at checkout; it is never pre-selected) 30 days of free Local-plan alerts for one metro. See section 8.
2. License
We grant you a non-exclusive, non-transferable, non-sublicensable license to use the data you buy for your organization's own internal business purposes, mainly identifying and contacting businesses and properties to offer relevant products and services. You may load it into your own CRM and share it with your employees and contractors working on your behalf, who must follow this Agreement. For one-time files the license is perpetual, subject to this Agreement. For subscriptions, access to new data ends when the subscription ends, and you may keep files already downloaded under the same license.
3. Restrictions
You may not:
- resell, rent, license, publish or give away the data, or any substantial part of it, to anyone outside your organization;
- use the data to build or improve a product that competes with WhoRunsWhat, or merge it into a database offered to third parties;
- use the data as, or to create, a consumer report, or to decide anyone's eligibility for credit, insurance, employment, housing, tenancy or any other purpose covered by the Fair Credit Reporting Act;
- use the data to harass, stalk, threaten or defraud anyone, to discriminate unlawfully, or for any unlawful purpose; or
- remove notices or misrepresent the source of the data.
4. Your compliance obligations
You are responsible for how you contact anyone using the data. You will comply with all applicable laws, including:
- the CAN-SPAM Act for commercial email: accurate headers, a physical address, a working opt-out, honoring opt-outs within 10 business days;
- the Telephone Consumer Protection Act, the Telemarketing Sales Rule and the National Do Not Call Registry, including not making autodialed or prerecorded calls or texts to mobile numbers without the consent the law requires;
- state telemarketing and solicitation laws, including Texas Business and Commerce Code chapter 304 and any registration they require; and
- privacy laws that apply to you.
You will honor opt-out and do-not-contact requests from anyone you contact. If someone tells you they want no contact through our data, tell us at info@kokoquest.com so we can suppress them. You will protect the data with reasonable security and tell us promptly about any unauthorized access to it.
5. Data quality and replacement
The data comes from public records, public websites and commercial providers of business contact information, and each record shows when it was last checked. Records go out of date, and we don't guarantee that any record is accurate or complete. If a row is wrong, or an email we supplied (including a decision-maker's work email) hard-bounces, tell us within 30 days of purchase and we will replace the row or give you account credit. This is your only remedy for data quality.
6. Prices, payment and taxes
- Prices are in US dollars and shown before checkout. Card payments are processed by Stripe. We never see or store your full card number.
- Orders over $1,000, such as the Texas plan, can be invoiced and paid by ACH or wire. Invoices are due within 15 days. We release files once payment clears. An invoiced Texas plan covers 12 months from payment and renews by a new invoice.
- We may screen orders for fraud and cancel and refund any order we can't verify.
- You are responsible for any taxes that apply to your purchase, other than taxes on our income.
7. Delivery
Files are built automatically from the current data, usually within minutes of payment, and delivered by download links (CSV and Excel) sent to the email you give at checkout. Links stay valid for 30 days. If a file can't be delivered within 24 hours, we refund it.
8. Subscriptions, renewal and cancellation
- Automatic renewal: subscriptions renew automatically at the end of each billing period (monthly for the Local plan, yearly for the Texas plan) and are charged to your payment method at the price then in effect, until you cancel.
- Free alert trial: if you opt in at checkout, your Local-plan alerts are free for 30 days. Unless you cancel before the trial ends, the Local plan then renews monthly at $99 a month on the card you used. We email you at least 7 days before the trial ends with the charge date, the amount and a one-click link to cancel. Cancelling the trial doesn't affect the list you bought.
- Cancel any time through the "Manage subscription" link in any subscription email, or by emailing info@kokoquest.com. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- Refunds: we don't give partial refunds for unused time, except where the law requires it.
- Price changes: we will email you at least 30 days before a price change takes effect at your next renewal, so you can cancel first.
- Failed payments: if a renewal payment fails, alert emails pause right away. File access continues to the end of the last paid period and resumes when payment succeeds.
- Turning off emails: you can turn off alert emails from your preferences page without cancelling.
- Free monthly summary: the free "What's new" email requires you to confirm your address (double opt-in) and has a one-click unsubscribe.
9. Refunds for one-time files
Because files are digital and delivered immediately, purchases are final, apart from the replacement remedy in section 5, duplicate charges, and files we fail to deliver. Contact us before disputing a charge with your bank. We usually resolve problems within one business day.
10. Ownership
We keep all rights in our compilations, data files and the WhoRunsWhat service, except the license granted to you. Facts from public records remain public.
11. Disclaimer
Apart from section 5, the data and services are provided "as is", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement.
12. Limitation of liability
To the fullest extent permitted by law:
- we will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and
- our total liability under this Agreement is limited to the amount you paid us in the 12 months before the claim.
13. Indemnity
You will defend, indemnify and hold harmless YSK Technologies LLC from claims, fines, losses and expenses, including reasonable attorneys' fees, arising from your use of the data. That includes your marketing communications and any breach of sections 3 or 4.
14. Termination
If you materially breach this Agreement, we may end your license and subscription. You must then stop using and delete the data. Sections 3, 4 and 10 through 15 survive termination.
15. General
- This Agreement is governed by Indiana law, without regard to conflict-of-laws rules. Disputes will be brought exclusively in the state or federal courts in Allen County, Indiana.
- This Agreement, the Terms of Use and the product description at purchase are the entire agreement.
- If a provision is unenforceable, the rest remains in effect.
- We may update this Agreement for future purchases and renewals. The version in effect when you buy or renew applies.
16. Contact
YSK Technologies LLC, 5828 W Jefferson Blvd, Fort Wayne, IN 46804 · info@kokoquest.com