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Terms of Service

Last Updated: June 2026

Welcome to FoundFact (the "Service"). These Terms of Service ("Terms") govern your access to and use of the website, platform, application, and dossiers or due diligence reports (collectively, "Reports") provided by FoundFact ("we," "our," or "us").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

1. Description of Service

FoundFact provides an Open Source Intelligence (OSINT) and public record aggregation platform designed to assist business brokers, transaction advisors, and commercial professionals in conducting business-to-business (B2B) due diligence. FoundFact compiles publicly available information—including government registry filings, active litigation dockets, reputation signals, and online media—into cited due diligence dossiers (the "Reports").

2. Eligibility & Account Registration

2.1 Commercial Use Only

The Service is intended solely for business entities and professional users acting in a commercial capacity. By registering for an account, you represent and warrant that you are utilizing the Service for professional commercial purposes and not as a consumer.

2.2 Account Security

To access certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain the security of your password and accept all risks of unauthorized access to your account.
  • Promptly notify us at [email protected] if you discover or suspect any security breaches related to your account or the Service.

3. License to Use the Service & Reports

Subject to your compliance with these Terms, FoundFact grants you a limited, non-exclusive, non-transferable, revocable license to access the platform and download, store, and print Reports solely for your internal business due diligence and risk assessment purposes.

You may share Reports or specific findings from Reports with your direct clients (e.g., business sellers or buyers under mandate) in the ordinary course of advisory work, provided that:

  • All source citations, copyright notices, and disclaimers remain intact.
  • You do not resell the Reports as a standalone service or product.
  • You do not publish the Reports publicly.

4. FCRA Disclaimer & Strict Use Restrictions

4.1 Non-CRA Status

FoundFact is not a "Consumer Reporting Agency" as defined by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) ("FCRA") or equivalent state laws. The Reports and data provided by FoundFact do not constitute "Consumer Reports" under the FCRA.

4.2 Prohibited Consumer Uses

You represent, warrant, and covenant that you will use the Service and the Reports solely for B2B commercial transactions and professional corporate due diligence. You are strictly prohibited from using the Service or any Reports, in whole or in part, for any of the following purposes:

  1. Employment Screening: Vetting, hiring, promoting, or retaining any individual, employee, independent contractor, or agent.
  2. Credit Eligibility: Evaluating any individual's eligibility for personal credit, mortgages, credit cards, or other consumer loans.
  3. Tenant Screening: Assessing an individual's eligibility to lease or rent residential housing.
  4. Insurance Vetting: Evaluating an individual's eligibility for personal insurance underwriting.
  5. Personal Vetting: Vetting domestic workers, romantic partners, or any other non-commercial personal screening.

Any violation of this Section 4 is a material breach of these Terms, resulting in the immediate suspension or termination of your account without refund, and may expose you to civil and criminal liability under U.S. federal and state laws.

5. Billing, Subscriptions, and Refund Policy

5.1 Pricing & Payment

Fees for subscriptions, bundles, or single pay-as-you-go Reports are set forth on our website and are subject to change. All fees are quoted in U.S. Dollars (USD) or Euros (EUR) and are exclusive of applicable taxes. You authorize FoundFact to charge your chosen payment method for all purchases.

5.2 No Refunds

Due to the digital and instantly generated nature of the Reports, all purchases are final. FoundFact does not offer refunds, credits, or pro-rated adjustments for single Reports or unused monthly subscription credits, except where required by law or in cases of clear billing errors.

5.3 Subscription Cancellations

Subscriptions automatically renew unless cancelled. You may cancel your subscription at any time through your account dashboard. Cancellation will take effect at the end of the current billing cycle.

6. Prohibited Conduct

You agree that you will not:

  • Scrape, harvest, crawl, or extract data from the Service using automated bots, spiders, scripts, or manual processes, except as permitted by our public API.
  • Decompile, reverse engineer, or attempt to extract the source code or proprietary algorithms of the Service.
  • Bypass or attempt to bypass any security measures, rate-limiting systems, or access controls.
  • Use the Service for any unlawful, discriminatory, harassing, or fraudulent purpose.

7. OSINT & Public Records Data Disclaimers

7.1 "As-Is" Data

FoundFact compiles Reports using Open Source Intelligence (OSINT) and publicly accessible databases (including Secretary of State registries, litigation databases, tax authorities, and consumer review directories). FoundFact does not generate, alter, or independently verify the primary records.

7.2 No Warranty of Accuracy

All Reports are provided on an "AS IS" and "AS AVAILABLE" basis. FoundFact makes no representations or warranties of any kind, express or implied, regarding:

  • The absolute accuracy, completeness, or timeliness of the information.
  • Clerical, transcription, or filing errors present in the original government or public sources.
  • The absence of name-collisions or "false positives" (findings related to different individuals or entities sharing the same or similar names).
  • Whether the Reports will meet your specific business requirements or guarantee transaction success.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall FoundFact, its affiliates, directors, employees, or third-party data providers be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages.
  • Any loss of profits, commercial revenue, deal opportunities, goodwill, or business interruption.
  • Decisions made or actions taken by you or your clients in reliance upon the Reports.

FoundFact's maximum aggregate liability to you for any and all claims arising out of or relating to these Terms or the Service shall be limited to the total fees paid by you to FoundFact in the twelve (12) months preceding the event giving rise to liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless FoundFact, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in any way connected with:

  1. Your access to or use of the Service.
  2. Your violation of these Terms, including any unauthorized use of Reports for consumer screening under Section 4.
  3. Any decision you make or advice you give to a third party based on the contents of a Report.

10. Termination

We reserve the right, without notice and in our sole discretion, to terminate your license to use the Service and to block or prevent your future access to the platform for any breach of these Terms. Upon termination, your right to access the Service ceases immediately, and any cached or downloaded Reports remain subject to the use restrictions set forth herein.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively through binding arbitration in Wilmington, Delaware, in accordance with the commercial arbitration rules of the American Arbitration Association (AAA).

12. Miscellaneous

12.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

12.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Continued use of the Service after such changes constitutes your acceptance of the new Terms.

12.3 Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

Email: [email protected]