Terms of Service

These Terms of Service (“Terms”) govern your access to and use of PinpointIQ, a proprietary geographic market intelligence platform (the “Service”) operated by 2nd St Strategy, LLC, an Illinois limited liability company (“2nd St Strategy”, “we”, “our”). They apply to the marketing site at pinpointiq.app and the application at app.pinpointiq.app. By creating an account, signing in, or otherwise using the Service, you (“you”, “Customer”) agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

A separately negotiated and signed agreement between you and 2nd St Strategy (for example, a Beta Software License Agreement, Master Services Agreement, or Order Form) controls over any conflicting provision in these Terms.

1. Account and access

• You must provide accurate registration information and keep your account credentials confidential. You are responsible for all activity under your account.
• Access is granted on a per-user, per-organization basis. Login credentials may not be shared, and access may not be granted to anyone outside your organization.
• We may require email verification, multi-factor authentication, or other reasonable security measures.

2. Acceptable use

You agree not to:

• Use the Service in violation of any applicable law or regulation, or to infringe any third party’s rights.
• Scrape, crawl, harvest, or otherwise extract data from the Service through automated means, except via interfaces we expressly designate for that purpose (such as a documented API with credentials issued to you).
• Resell, sublicense, syndicate, or otherwise commercially redistribute Service outputs, dashboards, or data sets to third parties, except for use within your organization or as expressly permitted in a signed agreement with us.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, or model weights of the Service.
• Copy, modify, or create derivative works of the Service or its components, other than incidental copies your browser makes to render the application.
• Use the Service to transmit malware, conduct security testing without our written permission, or interfere with the integrity, availability, or performance of the Service.
• Upload data you do not have the right to upload, or data that is unlawful, defamatory, or violates another party’s privacy.
• Use the Service to train or improve any machine-learning model that competes with PinpointIQ.

3. Intellectual property

Our IP. The Service, including all underlying technology, software, algorithms, models, AI components, dashboards, methodologies, design, documentation, and the data we license or compile from public and third-party sources, is and remains the sole and exclusive property of 2nd St Strategy and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. All rights not expressly granted are reserved.

Your data. You retain all rights, title, and interest in any business lists, customer lists, target operator lists, custom metrics, saved dashboards, filters, mTAM assumptions, comments, or other content you upload to or create within the Service (“Customer Data”). You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, geocode, display, and transmit Customer Data solely for the purpose of providing and supporting the Service to you. We will not use Customer Data to train AI models, build aggregate data products sold to other parties, or for any purpose outside providing the Service to your organization.

Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that feedback into the Service without compensation or attribution.

Aggregate / de-identified data. We may generate aggregate, anonymized, or de-identified statistics and metadata derived from use of the Service (for example, usage counts, performance metrics) and use that information to operate, improve, and benchmark the Service, provided it does not identify you or your Customer Data.

4. Service availability and changes

• We aim to keep the Service available and reliable, but we do not guarantee any specific uptime or service level unless expressly stated in a signed agreement.
• We may, from time to time, modify, add, or remove features of the Service. We will use commercially reasonable efforts to avoid materially degrading core functionality during a paid term, but we reserve the right to evolve the product.
• We may schedule maintenance or release updates that temporarily interrupt access. Where practical, we will give advance notice of planned downtime.
• Third-party services we depend on (such as map tile providers, geocoding APIs, hosting infrastructure, or data sources) may experience outages. We are not responsible for third-party outages but will work in good faith to restore service.

5. Data, accuracy, and decisions

The Service displays geographic, demographic, market, business-location, and benchmarking data drawn from public and third-party sources, in addition to data you upload. We do not warrant the accuracy, completeness, or timeliness of any data displayed in the Service. The Service is a research and analytics tool. Any business, investment, or operational decision you make based on Service outputs is made at your own risk.

6. Privacy and security

Our handling of personal data is described in our Privacy Policy. We use commercially reasonable administrative, technical, and physical safeguards to protect Customer Data, including TLS in transit, organization-scoped data access, and routine security review. No system is perfectly secure; we treat your data as if it were our own.

7. Fees and billing

• Fees, billing frequency, and payment terms are set forth in the order form, subscription page, or signed agreement applicable to your account. Beta or trial accounts may be provided at no charge.
• Unless otherwise stated, fees are non-refundable and are exclusive of taxes. You are responsible for any sales, use, or similar taxes other than taxes based on our net income.
• We may change pricing for future renewal terms with at least 30 days’ notice before the start of the new term.
• Late payments accrue interest at 1.0% per month or the maximum permitted by law, whichever is lower, and we may suspend access for non-payment after reasonable notice.

8. Confidentiality

Each party may have access to non-public information of the other (“Confidential Information”), including the Service’s features, performance, and pricing on our side, and Customer Data and business plans on yours. Each party agrees to use the other’s Confidential Information only as needed to perform under these Terms and to protect it with at least the same care it uses for its own confidential information of like importance, but not less than reasonable care.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. 2ND ST STRATEGY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF DEFECTS, OR THAT ANY DATA DISPLAYED WILL BE ACCURATE OR COMPLETE.

10. Limitation of liability

IN NO EVENT SHALL 2ND ST STRATEGY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND BREACH OF SECTION 2 (ACCEPTABLE USE) OR SECTION 3 (INTELLECTUAL PROPERTY), 2ND ST STRATEGY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY YOU TO 2ND ST STRATEGY UNDER THESE TERMS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Indemnification

You will defend, indemnify, and hold harmless 2nd St Strategy from and against any third-party claim arising out of or related to (a) your breach of these Terms, (b) your Customer Data, including any claim that Customer Data infringes a third-party right or violates law, or (c) your use of the Service in violation of applicable law. This obligation does not apply to the extent a claim arises from our gross negligence or willful misconduct.

12. Termination

• By you. You may cancel your account at any time by contacting support@pinpointiq.app or using any cancel-account function in the Service. Cancellation is effective at the end of your current paid term unless we agree otherwise; we do not refund prepaid fees except where required by law.
• By us. We may suspend or terminate your access if (i) you materially breach these Terms and fail to cure within 10 days of notice, where curable; (ii) you abuse, attack, or attempt to circumvent the Service; (iii) you fail to pay amounts when due; or (iv) we are required to do so by law. We may immediately suspend access without prior notice if your use poses a material security or legal risk.
• Effect of termination. Upon termination, your right to access the Service ends. We will make Customer Data available for export for 30 days after termination upon reasonable request, after which we may delete it in the ordinary course. Sections 3 (with respect to ownership), 5, 8, 9, 10, 11, and 14 survive termination.

13. Marketing rights

Unless you tell us otherwise in writing, you grant us a limited, non-exclusive, royalty-free right to identify you by name and/or logo as a customer of PinpointIQ in marketing materials, website content, presentations, case studies, and other promotional uses. We will not disclose your Confidential Information or specific data insights without your prior written consent. You may revoke this right at any time by emailing support@pinpointiq.app; we will promptly remove your name from future materials, though existing published materials need not be recalled.

14. Governing law and disputes

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to personal jurisdiction and venue in those courts. The prevailing party in any litigation may recover its reasonable attorneys’ fees and costs to the extent permitted by law.

15. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the “Effective” date at the top of this page and provide reasonable notice in-app or by email at least 30 days before the change takes effect, except where a change is required for legal or security reasons or where the change favors you. Your continued use of the Service after the effective date of a change constitutes acceptance of the revised Terms.

16. General

• Entire agreement. These Terms, our Privacy Policy, and any signed agreement or order form between you and us together constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements regarding the same subject matter.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all our assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. Our failure to enforce any right is not a waiver of that right.
• Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control.
• Notices. Notices to us should be sent to support@pinpointiq.app. Notices to you may be delivered to the email associated with your account.
• Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

17. Contact

Questions about these Terms? Email support@pinpointiq.app. Privacy questions: privacy@pinpointiq.app.