1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and Doeden Duo LLC, the operator of SpendWindow (“SpendWindow,” “we,” “us,” or “our”), governing your access to and use of the SpendWindow websites, applications, data products, alerts, reports, APIs if offered, and related services (collectively, the “Service”). By creating an account, purchasing a subscription, accepting an order form that references these Terms, or using the Service, you agree to these Terms.
If you use the Service for a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization. You must be at least 18 years old and legally able to enter into contracts.
2. What SpendWindow provides
SpendWindow is a business-to-business buying-window intelligence service. We collect and analyze public records, public web sources, commercially licensed business information, customer configuration, and other evidence to identify business-change events that may indicate upcoming commercial needs.
SpendWindow provides intelligence, not certainty. An opportunity, score, planning-value range, contact, recommended action, buying stage, or other output does not mean that a business has approved a budget, selected a vendor, agreed to purchase, or will respond to outreach. Source data may be incomplete, delayed, corrected, removed, or wrong. You are responsible for using reasonable judgment before acting on an opportunity.
3. Accounts and account security
You must provide accurate account information and keep it current. You are responsible for activity under your account and for protecting access credentials. You may not share credentials in a way that defeats seat, account, or organization restrictions. Notify us promptly if you believe an account has been compromised.
We may suspend or restrict access when reasonably necessary to protect the Service, investigate abuse, comply with law, address nonpayment, or prevent harm to SpendWindow, our customers, source providers, or third parties.
4. Subscriptions, fees, renewals and cancellation
Paid plans, pricing, billing intervals, included territories, categories, seats, usage limits, and other commercial terms are shown at purchase or in an applicable order form. Unless stated otherwise at purchase, recurring subscriptions renew automatically for the same billing interval until canceled.
You authorize us and our payment provider to charge amounts due using the payment method on file. Taxes may be added where required. Except where required by law or expressly stated in an order form, fees already paid are non-refundable and cancellation stops future renewal rather than retroactively refunding the current billing period.
If billing has not yet been activated for a plan displayed on the website, the display of pricing does not itself create a paid subscription.
5. Permitted business use
Subject to these Terms and payment of applicable fees, SpendWindow grants you a limited, non-exclusive, non-transferable right to use the Service for your internal business development, sales planning, market research, and related lawful business purposes.
You may use opportunity information to research and contact businesses where permitted by law. You are solely responsible for the content, method, timing, and legality of your outreach, including compliance with applicable privacy, email, telemarketing, anti-spam, do-not-call, advertising, and consumer-protection laws.
6. Prohibited use
You may not:
- use the Service for unlawful harassment, discrimination, fraud, stalking, surveillance, or other unlawful conduct;
- send unlawful spam, robocalls, or deceptive outreach using information obtained from the Service;
- attempt to bypass authentication, authorization, usage limits, security controls, or tenant boundaries;
- scrape, crawl, bulk-download, mirror, resell, sublicense, or redistribute the Service or substantial portions of its compiled data except as expressly permitted in writing;
- reverse engineer the Service except to the limited extent a restriction is prohibited by applicable law;
- misrepresent SpendWindow intelligence as confirmed purchasing intent, an approved budget, or a statement made by the identified business when it is not;
- remove source attribution, proprietary notices, or evidence context in a way that makes information misleading; or
- use the Service to build or train a competing commercial intelligence database or product using systematic extraction of SpendWindow outputs.
7. Source materials and third-party information
SpendWindow may link to or summarize third-party sources such as government records, company announcements, news reports, property information, and professional contact providers. Those materials remain subject to their own terms, copyrights, trademarks, and other rights. SpendWindow does not claim ownership of third-party source content merely because it is referenced in an opportunity.
You may not use SpendWindow as a substitute for licenses or permissions that are independently required to copy, republish, or commercially exploit third-party source content.
8. Professional contact information
The Service may include business contact information such as a professional name, title, business email address, business phone number, company domain, or professional profile link obtained from public sources or third-party business-data providers. Availability and accuracy vary. Contact information is provided for lawful business use and must not be used for unlawful profiling, harassment, or personal purposes.
9. Customer content and outcome data
You retain ownership of content you submit to the Service, such as notes, workflow status, customer configuration, and reported deal outcomes. You grant SpendWindow the rights reasonably necessary to host, process, secure, back up, and use that content to provide, maintain, improve, and support the Service.
Where practical, SpendWindow may use aggregated or de-identified usage and outcome information to improve scoring, source quality, product performance, and benchmarking, provided that such information does not identify you or your confidential customer information.
10. Intellectual property
SpendWindow and its licensors retain all rights in the Service, including software, product design, scoring methods, compilations, workflows, documentation, branding, and other proprietary materials, excluding third-party source materials and customer content. No rights are granted except those expressly stated in these Terms.
If you provide feedback, suggestions, or ideas about the Service, you may do so voluntarily and authorize us to use that feedback without restriction or compensation, provided we do not publicly identify you as the source without permission.
11. Confidentiality
If either party receives non-public information from the other that is reasonably understood to be confidential, the receiving party will use reasonable care to protect it and use it only for purposes related to the business relationship. This does not cover information that is public through no breach, independently developed, rightfully received from another source, or required to be disclosed by law.
12. Third-party services
The Service may depend on third-party hosting, authentication, database, email, billing, enrichment, data, or other providers. Third-party services may have outages, limitations, or separate terms. SpendWindow is not responsible for third-party services outside our reasonable control, but we remain responsible for our own commitments regarding how we select and use service providers.
13. No warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SPENDWINDOW DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, OR GUARANTEED TO PRODUCE SALES, REVENUE, RESPONSES, OR CONTRACTS.
Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPENDWINDOW WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, OR LOSS OF DATA ARISING FROM OR RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPENDWINDOW’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO SPENDWINDOW FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply where prohibited by law.
15. Indemnity for misuse
To the extent permitted by law, you will defend and indemnify SpendWindow from third-party claims, damages, and reasonable costs arising from your unlawful use of the Service, your outreach or communications, your violation of these Terms, or your infringement of another person’s rights. This section does not require you to indemnify SpendWindow for claims caused by SpendWindow’s own unlawful conduct.
16. Termination
You may stop using the Service at any time and may cancel recurring service through the available account or support process. We may terminate or suspend access for material breach, fraud, abuse, nonpayment, security risk, legal requirement, or discontinuation of the Service. Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property, disclaimers, liability limits, and dispute provisions.
17. Changes to the Service or Terms
We may update the Service and these Terms as the product changes. If a change materially reduces your rights or materially expands your obligations, we will provide reasonable notice through the Service, by email, or by posting an updated effective date, as appropriate. Changes do not retroactively rewrite completed transactions.
18. Governing law and disputes
Unless a separate signed agreement states otherwise, these Terms are governed by the laws of the State of North Dakota and applicable United States federal law, without regard to conflict-of-law principles. To the extent a dispute may be brought in court, the parties consent to the state and federal courts located in Cass County, North Dakota, unless applicable law requires another forum.
19. General terms
These Terms, together with any applicable order form and referenced policies, are the complete agreement regarding the Service unless a separate signed agreement applies. If a provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent except in connection with a permitted merger, acquisition, or sale of substantially all relevant assets. We may assign these Terms in connection with a corporate reorganization, financing, merger, acquisition, or sale of the Service or business.
20. Contact
Questions about these Terms or legal notices may be sent to hello@getspendwindow.com.