Terms of Service

Last Updated: January 23, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between Poolside Ventures S.L., a company registered in Spain with company number B05370846 ("DataMerge", "we", "us", "our"), and you or the entity you represent ("Customer", "you", "your"). By accessing or using DataMerge's Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Definitions

"Account" means the account created by you to access and use the Services.

"API" means the application programming interface provided by DataMerge for accessing the Services programmatically.

"Company Data" means firmographic and organizational information about businesses, including company names, addresses, industry classifications, employee counts, revenue information, and related business intelligence.

"Credit" means the unit of account used to access and use the Services. Credits are non-refundable, non-transferable, and have a validity period as specified in Section 7.

"Customer Data" means any data, information, or content that you upload, submit, provide, or otherwise make available to DataMerge in connection with using the Services, including company identifiers, domains, records, configurations, queries, and instructions submitted via the API or user interface.

"DPA" or "Data Processing Agreement" means the agreement governing the processing of personal data when DataMerge acts as a data processor on your behalf, available at DataMerge DPA.

"Documentation" means the technical documentation, user guides, and API documentation provided by DataMerge.

"Enrichment Output" means data returned through the Services in response to Customer's queries and workflows, including professional contact information and company information, to the extent made available via third-party providers selected, enabled, and/or otherwise used by Customer through the Services.

"Service Data" means (a) Customer Data, and (b) Enrichment Outputs generated within Customer's account/tenant, in each case to the extent they constitute personal data.

"Services" means DataMerge's software platform, APIs, and related functionality that enables Customers to initiate enrichment workflows and receive Enrichment Outputs within their account/tenant.

"Subscription" means your subscription plan for the Services, which may be monthly, annual, or one-time credit purchase, as specified at the time of purchase.

2. Acceptance and Modifications

2.1 Acceptance of Terms

By creating an Account, accessing the Services, or clicking "I Agree" or a similar button, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2.2 Authority to Agree

You represent and warrant that you have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2.3 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through a prominent notice on our website at least fifteen (15) days before the effective date of the changes. Your continued use of the Services after such changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may terminate your Subscription in accordance with Section 16.

3. Description of Services

3.1 Data Enrichment Platform

DataMerge provides a software platform and APIs that enable Customers to submit queries and workflows to enrich business records and to receive enrichment results within Customer's account/tenant. The Services may support enrichment of company-level information and professional contact information as Enrichment Outputs, depending on the third-party providers enabled or used by Customer through the Services.

3.2 Third-Party Providers; No Data Brokerage

The Services may integrate with third-party providers that supply enrichment results in response to Customer-initiated queries.

DataMerge does not sell or resell a proprietary database of professional contact information, and does not operate as a data broker. DataMerge does not independently determine the persons to be searched, targeted, or contacted through the Services; Customer determines which queries to run and which results to access and export, subject to these Terms and applicable law.

3.3 Service Availability

We strive to provide continuous access to the Services; however, availability is subject to:

• Scheduled maintenance (with reasonable advance notice)
• Emergency maintenance and repairs
• Availability of third-party providers
• Internet connectivity and network conditions
• Force majeure events (as defined in Section 17)

We do not guarantee uninterrupted or error-free access to the Services. We are not responsible for service interruptions caused by circumstances beyond our reasonable control.

4. Account Registration and Access

4.1 Account Creation

To use the Services, you must create an Account by providing accurate, complete, and current information, including:

• Full name and email address
• Company name and business information
• Billing and payment information

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your Account credentials
• All activities that occur under your Account
• Notifying us immediately of any unauthorized use or security breach
• Using strong passwords and implementing appropriate security measures

DataMerge is not liable for any loss or damage arising from your failure to maintain Account security or from unauthorized access resulting from your negligence.

4.3 Account Information

You agree to keep your Account information accurate and up to date. We may suspend or terminate your Account if we have reasonable grounds to believe that the information provided is false, inaccurate, or fraudulent.

4.4 Account Sharing

Accounts are personal and non-transferable. You may not share your Account credentials or allow multiple users to access the Services using a single Account unless you have a multi-user subscription plan. Violation of this provision may result in immediate Account suspension or termination.

5. Credit-Based Pricing System

5.1 Credit System

Access to the Services is provided through a credit-based system. Credits are consumed when you access, view, or export results through the Services according to the pricing structure in effect at the time of use:

Data Type	Credit Cost
Company Record (firmographic data)	1 Credit
Contact Record with Email Address	1 Credit
Mobile Phone Number	3 Credits

5.2 Credit Purchase and Validity

Credits can be purchased through:

• Monthly Subscription: A recurring monthly subscription that automatically credits your Account with a specified number of credits each month. Credits reset to the subscribed amount every month. Any unused credits from the previous month can still be used for one more month ("roll over").
• Annual Subscription: A recurring annual subscription that automatically credits your Account with a specified number of credits each year. All credits can be used from the first day of the subscription year. Credits reset to the subscribed amount every year. Any unused credits from the previous year can still be used for one more year ("roll over").
• One-Time Purchase: A non-recurring credit purchase. Credits have a validity period of twelve (12) months from the date of purchase.

5.3 Credit Characteristics

Credits are:

• Non-Refundable: Except as required by law or as expressly stated in Section 9
• Non-Transferable: Cannot be transferred to another Account or user
• Non-Exchangeable: Cannot be exchanged for cash or other consideration
• Time-Limited: Expire at the end of their validity period and cannot be extended

5.4 Credit Expiration

Unused credits expire at the end of their validity period and are automatically removed from your Account. We will provide reasonable notice before credits expire, but you are responsible for monitoring your credit balance and validity periods.

5.5 Credit Consumption

Credits are consumed when you successfully access results through the Services, regardless of whether the results meet your expectations or requirements. Credits are not consumed for failed API requests due to technical errors on our end (e.g. server errors, service outages) or requests that do not return results (e.g. no data found).

6. Subscription Plans

6.1 Subscription Types

We offer the following subscription types:

• Monthly Subscription
• Annual Subscription
• One-Time Credit Purchase

6.2 Free Trials and Promotional Credits

We may offer free trials or promotional credits at our discretion. These offers are subject to additional terms and conditions communicated at the time of the offer. We reserve the right to modify or discontinue free trials and promotional offers at any time without notice.

7. Payment Terms

7.1 Pricing

Prices for Subscriptions and credit purchases are displayed on our website and confirmed at the time of purchase. All prices are quoted in the currency specified (EUR or USD) and are exclusive of applicable taxes, duties, and charges unless otherwise stated.

7.2 Payment Processing

Payments are processed through our third-party payment processor. By providing payment information, you authorize DataMerge to charge the specified payment method for all fees due.

7.3 Automatic Renewal and Billing

For Monthly and Annual Subscriptions:

• Your payment method will be automatically charged at the beginning of each billing cycle (monthly or annually)
• You will receive an invoice via email after each successful payment
• It is your responsibility to maintain a valid payment method on file
• Subscription fees may be adjusted upon renewal with at least thirty (30) days' notice

7.4 Failed Payments

If a payment fails:

• We will notify you via email and attempt to process the payment again
• You will not receive new credits for use of the Services
• If payment is not received within fifteen (15) days, we may terminate your Subscription
• You remain responsible for all outstanding amounts

7.5 Late Payment

Late payments may incur interest charges at the rate of ten percent (10%) per annum or the maximum rate permitted by law, whichever is lower. You will also be liable for all costs of collection, including reasonable attorney's fees.

7.6 Taxes

You are responsible for all applicable taxes (including VAT, sales tax, and other indirect taxes) except for taxes based on DataMerge's income. If we are required to collect or pay taxes, such amounts will be added to your invoice.

8. Data Usage and License

8.1 Limited License

Subject to your compliance with these Terms and payment of all applicable fees, DataMerge grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes, including to submit Customer Data and queries, and to access and export Enrichment Outputs and other results within your account/tenant, subject to these Terms and applicable law.

8.2 Restrictions on Use

You expressly agree NOT to:

• Resale or Redistribution: Sell, sublicense, rent, lease, distribute, or otherwise make the Services or results obtained through the Services available to any third party, whether for fee or free of charge
• Commercial Exploitation: Use the Services or results obtained through the Services to create, enhance, or contribute to any database, list, product, or service that is intended for sale, license, or distribution to third parties
• Competitive Use: Use the Services to develop, offer, or provide products or services that compete with DataMerge
• Reverse Engineering: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or structure of the Services or API
• Circumvention: Bypass, disable, or circumvent any security features, access controls, or usage limitations of the Services
• Excessive or Abusive Use: Use automated tools, bots, or scripts to access the Services in a manner that places unreasonable load on our systems or exceeds reasonable usage patterns
• Data Scraping: Use web scraping, data mining, or similar automated data collection methods on the Services
• Unlawful Purposes: Use the Services for any unlawful purpose or in violation of any applicable laws or regulations

8.3 Data Protection Roles and Compliance

(a) Service Data processed on Customer's behalf. To the extent DataMerge processes personal data as part of Service Data on Customer's behalf, Customer is the data controller and DataMerge is the data processor. Such processing is governed by the DPA referenced in Section 16.

(b) Customer's downstream use. Customer is solely responsible for its own downstream use of any Enrichment Outputs it exports or otherwise uses outside the Services (including marketing, sales prospecting, recruitment, or outreach), including establishing a lawful basis, providing notices, honoring opt-out/objection requests, and complying with applicable e-privacy and anti-spam laws.

(c) Third-party provider terms. Customer acknowledges that enrichment results may be supplied by third-party providers enabled or used through the Services and may be subject to additional terms and/or direct agreements between Customer and such providers. Customer is responsible for complying with any such terms applicable to Customer.

8.4 Acceptable Use Policy

You agree to use the Services in accordance with the following Acceptable Use Policy:

a) Permitted Uses:

• B2B sales prospecting and lead generation
• Business-to-business marketing campaigns
• Professional recruitment and talent acquisition
• Business relationship management and networking
• Market research and competitive intelligence (for internal use)
• Data quality improvement for your existing customer/prospect databases

b) Prohibited Uses:

• Consumer marketing or solicitation to individuals in their personal capacity
• Sending unsolicited communications without a lawful basis
• Harassment, stalking, or any form of unwanted contact
• Identity theft, fraud, or impersonation
• Creating or distributing spam, malware, or phishing attempts
• Discriminatory practices or targeting based on protected characteristics
• Any use that violates third-party rights (privacy, intellectual property, etc.)
• Any illegal, unethical, or harmful activities

8.5 Customer Data

When you provide Customer Data to us, you represent and warrant that:

• You have all necessary rights and permissions to provide such data to us
• The provision and processing of such data does not violate any laws or third-party rights
• You have obtained any necessary consents or have another lawful basis for processing

For Service Data, DataMerge acts as a data processor on your behalf, and our processing is governed by our DPA.

9. Refunds and Cancellation

9.1 Refund Policy

As DataMerge operates as a business-to-business service provider, you acknowledge that you generally do not have an automatic right to a refund. However, we may grant refunds in the following circumstances:

a) Subscription Refunds:

For recurring subscriptions (monthly or annual), you may request a refund by submitting a written request to hello@datamerge.ai within fourteen (14) days of the initial subscription start date. Refunds requested after fourteen (14) days will not be granted except in cases of:

• Material service failure or unavailability attributable to DataMerge
• Fraudulent or unauthorized charges
• Other exceptional circumstances at DataMerge's sole discretion

b) Credit Refunds:

Credits, whether purchased individually or as part of a subscription, are generally non-refundable. Exceptions may be made for:

• Systematic data quality issues affecting a substantial portion of results accessed
• Technical errors that resulted in improper credit consumption
• Fraudulent transactions

c) Data Quality Issues:

If you believe results provided are materially inaccurate or incomplete, you must notify us within seven (7) days of accessing such results. We will investigate the issue and may, at our discretion:

• Provide corrected or updated results at no additional charge
• Refund the credits consumed for the affected results
• Provide alternative results of equivalent value

We are not responsible for minor inaccuracies, outdated information, or data quality issues arising from third-party providers. Our liability is limited to the credit value of the affected results.

9.2 Cancellation of Subscription

You may cancel your recurring subscription at any time by:

• Logging into your Account and navigating to subscription settings, or
• Contacting our support team at hello@datamerge.ai

Cancellation terms:

• Monthly Subscriptions: Cancellation takes effect at the end of the current billing month. You will retain access to your credits until expiration.
• Annual Subscriptions: Cancellation takes effect at the end of the current annual term. No partial refunds are provided for early cancellation unless required by law.

Upon cancellation, you will no longer be charged for future billing cycles, but you remain responsible for all charges incurred prior to cancellation.

10. Data Accuracy and Warranties

10.1 Results Disclaimer

10.2 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POOLSIDE VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF RESULTS
• WARRANTIES REGARDING UNINTERRUPTED, SECURE, OR ERROR-FREE ACCESS TO THE SERVICES
• WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES REGARDING THE AVAILABILITY OR QUALITY OF THIRD-PARTY SOURCES

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Services is at your sole risk.

10.3 Third-Party Providers

DataMerge may rely on third-party providers for enrichment results. We do not control these third parties and are not responsible for:

• the accuracy, quality, or completeness of their data
• their data collection practices or compliance with privacy laws
• their availability or continued provision of services
• any claims arising from their data or practices

You acknowledge that third-party providers may change, and availability or quality of results may vary accordingly.

11. Intellectual Property Rights

11.1 DataMerge Intellectual Property

DataMerge and its licensors retain all right, title, and interest in and to:

• the Services, including all software, technology, APIs, and infrastructure
• DataMerge trademarks, logos, brand names, and service marks
• the Documentation and all related materials

These Terms do not grant you any ownership rights in the Services. Your license is limited to the rights expressly granted in Section 8.

11.2 Third-Party Intellectual Property

Results may contain or reference third-party intellectual property. You agree not to:

• use third-party trademarks, logos, or brand names in a manner that suggests endorsement or affiliation
• violate the intellectual property rights of data subjects or third parties

11.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant DataMerge a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our Services without any obligation to you.

12. Limitation of Liability

12.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

a) Exclusion of Consequential Damages:

POOLSIDE VENTURES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or loss of use
• Cost of substitute services
• Loss of goodwill or reputation
• Any other indirect or consequential losses

b) Cap on Direct Damages:

DATAMERGE'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO DATAMERGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

12.2 Exceptions to Limitations

The limitations in Section 12.1 do not apply to:

• Your breach of Section 8.2 (Restrictions) or intellectual property infringement
• Your violation of applicable laws or third-party rights
• Fraud, gross negligence, or willful misconduct by DataMerge
• Death or personal injury caused by DataMerge's negligence
• Liabilities that cannot be limited or excluded under applicable law

12.3 Basis of the Bargain

You acknowledge that the limitations of liability set forth in this Section 12 reflect a reasonable allocation of risk and are fundamental elements of the bargain between you and DataMerge. The Services would not be provided without these limitations.

13. Indemnification

13.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless DataMerge, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations, including data protection laws (GDPR, CCPA, etc.)
• Your violation of any third-party rights, including privacy, intellectual property, or other proprietary rights
• Your Customer Data or any claims that it infringes third-party rights
• Your marketing, communications, or other activities using any Enrichment Outputs
• Any negligent or willful acts or omissions by you

13.2 Indemnification Procedure

DataMerge will:

• Promptly notify you of any claim subject to indemnification
• Provide reasonable cooperation in the defense of such claim
• Allow you to control the defense and settlement of the claim, provided that you may not settle any claim that imposes obligations on DataMerge or admits liability on behalf of DataMerge without our prior written consent

14. Suspension and Termination

14.1 Suspension by DataMerge

We may immediately suspend your access to the Services without prior notice if:

• You breach these Terms, particularly Section 8.2 (Restrictions) or Section 8.4 (Acceptable Use Policy)
• Your Account shows signs of fraudulent or abusive activity
• Your payment method fails or you have overdue payments
• We receive credible reports of your misuse of the Services or violation of privacy laws
• We are required to do so by law or court order
• Your use of the Services poses a security risk or threatens our systems

We will notify you of suspension via email and provide an opportunity to remedy the issue within seven (7) days, except in cases of fraud, security threats, or legal requirements.

14.2 Termination for Cause

By DataMerge: We may terminate your Account and these Terms for cause if:

• You fail to remedy a breach within seven (7) days of notice
• You engage in repeated or serious breaches of these Terms
• Your Account remains suspended for more than fifteen (15) days
• We determine that your use of the Services is harmful to DataMerge, other customers, or third parties

By You: You may terminate these Terms for cause if DataMerge materially breaches these Terms and fails to remedy the breach within thirty (30) days of written notice. In such cases, you may be entitled to a pro-rata refund of prepaid fees for the unused portion of your Subscription.

14.3 Termination for Convenience

You may terminate your Subscription for convenience as described in Section 9.2 (Cancellation). Such termination does not entitle you to a refund except as provided in Section 9.1.

14.4 Survival

The following sections survive termination: Sections 8.2 (Restrictions), 8.3 (Compliance), 10 (Warranties), 11 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), 15 (Confidentiality), 18 (Governing Law), and 19 (General Provisions).

15. Confidentiality

15.1 Definition of Confidential Information

"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that reasonably should be considered confidential given the nature of the information and circumstances of disclosure.

15.2 Confidentiality Obligations

Each party agrees to:

• Maintain the confidentiality of the other party's Confidential Information
• Not disclose Confidential Information to third parties without prior written consent
• Use Confidential Information only for purposes related to these Terms
• Implement reasonable security measures to protect Confidential Information

15.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known by the Receiving Party prior to disclosure
• Is independently developed by the Receiving Party without use of Confidential Information
• Is rightfully received from a third party without confidentiality obligations
• Must be disclosed pursuant to law, court order, or regulatory requirement (with prompt notice to the Disclosing Party)

15.4 Service Data Confidentiality

DataMerge treats Customer Data, Enrichment Outputs within Customer's account/tenant, and Account information as Confidential Information of Customer, subject to Section 15 and any disclosures required by law.

16. Data Processing Agreement

To the extent that DataMerge processes personal data on your behalf as a data processor in connection with the Services, such processing is governed by our DPA, which is incorporated into these Terms by reference. The DPA is available at DataMerge DPA.

17. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, or pandemics
• War, terrorism, civil unrest, or government actions
• Internet service provider failures or denial-of-service attacks
• Power outages or telecommunications failures
• Strikes, labor disputes, or supply chain disruptions
• Unavailability of third-party providers

If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate these Terms without liability, and you may be entitled to a pro-rata refund of prepaid fees for unused Services.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles.

18.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.

18.3 Dispute Resolution Process

Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations for a period of thirty (30) days. Either party may initiate negotiations by sending written notice to the other party describing the dispute.

18.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between you and DataMerge regarding the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

19.2 Assignment

You may not assign or transfer these Terms or any rights hereunder without DataMerge's prior written consent. DataMerge may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets, with notice to you.

19.3 No Agency

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and DataMerge. Neither party has the authority to bind the other or to incur obligations on the other's behalf.

19.4 Waiver

The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the party granting the waiver.

19.5 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19.6 Notices

All notices under these Terms must be in writing and will be deemed given:

• When delivered personally
• When sent by confirmed email
• Three (3) business days after being sent by registered or certified mail

Notices to DataMerge should be sent to: hello@datamerge.ai

Notices to you will be sent to the email address associated with your Account.

19.7 Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms. These Terms are solely for the benefit of the parties and do not confer any rights on any third party.

19.8 Independent Contractors

The parties are independent contractors. These Terms do not create an employer-employee, partnership, or joint venture relationship.

19.9 Language

These Terms are prepared in English. Any translations are provided for convenience only, and the English version shall prevail in case of any conflict or ambiguity.

19.10 Export Compliance

You agree to comply with all applicable export control laws and regulations. You will not export, re-export, or transfer the Services or results obtained through the Services to prohibited countries, entities, or individuals.

19.11 Government Users

If you are a government entity, the Services are provided as "Commercial Items" as defined in applicable procurement regulations. Government users have only the rights granted in these Terms.

20. Contact Information

21. Acknowledgment and Acceptance