Data Use Terms

01Who these terms cover

Pathway Signals is a service of Happy Path Marketing LLC, a Nevada limited liability company ("Happy Path Marketing," "we," "us"). These Data Use Terms are part of your agreement with us for Pathway Signals, including any order form, proposal or subscription ("Agreement"). If these terms conflict with the rest of the Agreement on how Data may be used, these terms control.

By accessing Pathway Signals or using any Data, you agree to these terms on behalf of yourself and the business you represent ("you," "Customer"). You are responsible for making sure everyone who uses Pathway Signals or Data through your account follows them. That includes your employees, contractors, agencies, software, automations and AI agents ("Your Users"). What Your Users do counts as what you do.

02Key terms

• Services: Pathway Signals in every form we offer it, including done-for-you audience work, the self-serve portal, API access, AI-assistant connections, and any trial, preview or sandbox access.
• Data: anything you receive from the Services, including audiences, segments, counts, samples, contact records, enrichments, attributes, scores and files, plus anything you create from them.
• Your Inputs: anything you send us, such as customer lists, contact records, audience descriptions or suppression lists.
• Regulated Decision: any decision about a person's eligibility for, or terms of, credit, employment, insurance, housing, healthcare, education, government benefits or licensing, immigration status, or any other purpose covered by the Fair Credit Reporting Act or a similar law.

03What you may do

Subject to these terms and the law, you may use the Services and Data only to support your own lawful business, including to:

• build, size and refine audiences of likely customers;
• upload audiences to advertising platforms such as Meta and Google, and run lawful ad campaigns;
• conduct lawful marketing, sales and direct-mail outreach that follows Section 8;
• enrich, clean, match and de-duplicate records of your own customers and prospects;
• build lookalike audiences from your own customer list; and
• measure and report on the performance of your own programs.

Any use not allowed by these terms is prohibited. Personal, household, surveillance and investigative uses are never allowed.

04No eligibility decisions

The Data is provided for marketing only. Pathway Signals is not a consumer reporting agency, and the Data is not a consumer report. You may not use the Data, alone or combined with other information, to make, support or inform any Regulated Decision. You may not use it to build or train any model or score used for those decisions, or provide it to anyone you know or should know will use it that way.

You may not describe, market or package the Data as a background check, screening tool, eligibility tool or FCRA-compliant service.

05No discrimination

You may not use the Services or Data to discriminate against any person or group based on race, color, ethnicity, national origin, ancestry, citizenship or immigration status, religion, sex, gender, gender identity or expression, sexual orientation, marital or family status, pregnancy, age, disability, genetic information, military or veteran status, source of income, or any other characteristic protected by law. This includes building, including in, or excluding from an audience based on one of these characteristics, or on a factor that works as a stand-in for one.

You may not use the Services or Data for advertising, targeting or audience-building related to housing, employment, credit or insurance opportunities unless we have approved that use in writing.

06Restricted and sensitive data

Never allowed. You may not use the Services or Data to target, build audiences of, or infer information about:

• anyone under 18;
• criminal history, arrests, convictions or involvement with the justice system; or
• biometric or genetic data.

Sensitive attributes. Some Data may describe or estimate an adult's or household's ethnicity, religion, political affiliation, financial condition, health interests, sexual orientation or gender identity, immigration status, or household makeup. Where we provide these, you may use them only to select, segment and message adults for lawful marketing, and never:

• for any Regulated Decision;
• to discriminate, or to set exclusions or pricing in a way that discriminates;
• for offers that exploit a person's circumstances, such as predatory lending or debt-relief schemes aimed at people in financial distress; or
• to expose, harass, intimidate or exclude anyone based on these attributes.

Some of these attributes are withheld for residents of certain states or where a person's state is unknown. You may not combine or model Data to recreate an attribute that was withheld. Consent from the people involved does not make a prohibited use allowed.

07Location data

You may not use the Services or Data to track or monitor where any person goes, or to build geofences, visit histories or audiences based on someone's presence at, nearness to or connection with a sensitive location. Sensitive locations include places of worship, medical, mental-health, reproductive-health and addiction-treatment facilities, shelters, schools and child-care facilities, correctional and immigration facilities, union halls, protests and rallies, LGBTQ+ community centers, and military sites.

08Outreach and consent

You are solely responsible for every call, text, email, letter, ad and other message you send using the Data, and for following every law and platform rule that applies to it. These include the Telephone Consumer Protection Act, the Telemarketing Sales Rule, federal and state Do-Not-Call rules, CAN-SPAM, and state telemarketing and privacy laws. Before contacting anyone, you must:

• get and keep records of any consent the law requires for that channel;
• scrub against the National Do Not Call Registry, state registries, your own do-not-contact lists and reassigned-number databases before calling or texting;
• identify yourself honestly, include required disclosures, and honor unsubscribe and STOP requests right away; and
• follow calling-time limits and the rules of your email, SMS, phone and ad providers.

Being in the Data is not consent. A person's appearance in an audience or contact record does not give you permission to contact them, and does not create a business relationship with them.

09Opt-outs and suppression

You must honor all privacy rights and opt-out signals that apply to the Data, including do-not-contact, do-not-sell or share, deletion and Global Privacy Control requests. Before each use of the Data, apply all suppression lists that apply to you, and keep applying them as new opt-outs arrive.

When we send you a suppression, deletion or do-not-serve instruction, you must apply it promptly, and in any case within the time the law requires, across every system and audience where you use the Data, and confirm when asked. You may not use the Services to re-identify, re-acquire or re-target anyone who has opted out, including through different identifiers or matching.

Suppression lists you send us may be used only to exclude people, never to target, profile or re-engage them.

10Data you give us

You promise you have every right, notice and consent the law requires to send us Your Inputs and to let us process them to provide the Services. You keep ownership of Your Inputs. You may not send us:

• consumer report data or information meant for a Regulated Decision;
• protected health information, genetic or biometric data, or other medical records;
• payment card numbers, financial account numbers, government ID numbers, passwords or credentials;
• information about anyone under 18, or collected from children under 13;
• sensitive personal information such as racial or ethnic origin, religion, political opinions, union membership, sex life or sexual orientation, other than Data we provided; or
• anything obtained unlawfully, scraped in violation of a site's terms, or containing malicious code.

You are responsible for the accuracy of Your Inputs.

11License and restrictions

While your subscription or project is active, we grant you a limited, non-exclusive, non-transferable license to use the Data for the purposes in Section 3. You may not:

• sell, resell, rent, sublicense, share or otherwise make Data available to anyone other than Your Users and the ad, CRM and messaging platforms you use for your own campaigns;
• use the Services or Data to build, offer or support any product or dataset that competes with Pathway Signals, including contact data, identity resolution, audience-building or enrichment services;
• use the Data to train, fine-tune or evaluate AI or machine-learning models, except models used only inside your own marketing as allowed here;
• run or publish benchmarking, accuracy or coverage comparisons of the Services without our written permission;
• scrape, bulk-download or extract Data except through the tools and exports we provide; or
• misstate where Data came from, or alter it to mislead anyone.

12Accounts, API and AI tools

Keep your logins and API keys secret, and don't share them outside Your Users. Don't get around usage limits, rate limits or security controls, including by rotating accounts, keys or IP addresses. You must supervise any automation or AI agent you connect to the Services so it stays within these terms, and keep a person accountable for its actions.

Tell us right away at [email protected] if you learn of any misuse of the Services or Data, or any unauthorized access to your account.

13When service ends

When your subscription or project ends, or if we suspend or end your access, you must stop accessing the Services. You may keep using Data you exported while your subscription or project was active, as long as you use it only as these terms allow. Sections 4 through 11 and Section 16 continue to apply to any Data you still hold, and you must keep honoring opt-outs and suppression instructions for it.

14Accuracy and warranties

Data comes from licensed third-party sources and is refreshed regularly, but it may be incomplete, out of date or inaccurate. The Services and Data are provided "as is" and "as available." To the extent the law allows, we disclaim all warranties, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose and non-infringement. We do not promise any particular result from campaigns that use the Data.

15Monitoring and enforcement

We and our data providers may monitor use of the Services to enforce these terms. When we ask, you must give us information reasonably needed to show you are complying, such as consent records, suppression logs and campaign details. We may filter or withhold any Data, and may limit, suspend or end your access right away if we reasonably believe you or Your Users have broken these terms or the law, or if our data providers require it. Fees already paid are not refundable when access ends because of a breach.

16Responsibility for misuse

You will defend, indemnify and hold harmless Happy Path Marketing, its owners, employees and data providers from any claims, fines, penalties, damages and costs, including reasonable attorneys' fees, arising from Your Inputs, your or Your Users' use of the Services or Data, your outreach, or any breach of these terms or the law.

To the extent the law allows, our total liability arising from the Services or Data is limited to the fees you paid us for Pathway Signals in the three months before the claim. We are not liable for indirect, incidental, special or consequential damages, or for lost profits.

17Changes, law and contact

We may update these terms, for example when the law or our data providers' requirements change. We will post the updated terms on this page and change the "Last updated" date. Continuing to use the Services after an update means you accept it.

These terms are governed by the laws of the State of Nevada, without regard to conflict-of-law rules. If any part of these terms can't be enforced, the rest still applies.

Questions about these terms: Happy Path Marketing, 1302 Palmwood Street, Boulder City, Nevada 89005 · [email protected] · (702) 789-7783. Consumers who want to opt out of data use can visit our Privacy Requests page.