Data licensing agreement

1. The licence

Subject to your compliance with this agreement, Vonta AI, LLC grants you a limited, non-exclusive, non-transferable, revocable licence to use the records you purchase solely to market your own mortgage products and services to the consumers identified in those records.

You acquire no ownership of the data. All rights not expressly granted are reserved.

2. Permitted use

• Marketing your own mortgage products to the homeowner identified in the record;
• Loading the records into your own CRM or dialer for that purpose;
• Appending your own data to the records for your own internal use;
• Retaining the records for as long as you have a lawful basis, subject to the suppression duties below.

3. Prohibited use

You will not:

• Resell, redistribute, sublicense, syndicate, trade, or transfer the data to any third party, including affiliates and downstream originators, in whole or in part, in original or derived form;
• Use the data for any FCRA purpose. The data is not a consumer report. You will not use it, in whole or in part, as a factor in establishing eligibility for credit, insurance, employment, housing, tenant screening, or any other purpose governed by the Fair Credit Reporting Act;
• Target or exclude on a prohibited basis. You will not use the data to target, exclude, price, or steer consumers on any basis prohibited by the Equal Credit Opportunity Act or the Fair Housing Act, or on any proxy for such a basis, including surname, primary language, or neighbourhood-level geography used as a stand-in;
• Misrepresent your identity or affiliation. You will not use government seals or imagery, imply affiliation with or endorsement by the VA, HUD, the FHA, Ginnie Mae or any government agency, use official-looking notices, or represent that you are contacting the consumer on behalf of their current lender or servicer unless you are;
• Make unsubstantiated mortgage claims. You will not advertise rates, payments, savings, skipped payments, or costs you cannot deliver, in violation of Regulation N, 12 C.F.R. Part 1014;
• Use the data to build, train, enrich, or validate any list, model, or product offered to third parties;
• Attempt to re-identify, reverse-engineer, or match the data against consumer report data or credit bureau files;
• Contact any consumer after receiving a suppression, revocation, or deletion notice touching that record.

4. Compliance obligations that travel with the data

For as long as you hold any record, you will:

• maintain an active National Do Not Call Registry Subscription Account Number and scrub within your own 31-day cycle before calling;
• maintain and honor your own internal do-not-call list;
• obtain your own prior express written consent before any autodialed or prerecorded call or text to a wireless number;
• honor revocation of consent made by any reasonable means within ten business days, and not designate an exclusive revocation channel;
• honor suppression and deletion notices we forward to you within ten business days, and confirm in writing on request;
• observe federal and applicable state calling-hour restrictions, using the consumer’s actual time zone;
• hold every licence, registration and bond your activity requires in each state where you contact consumers;
• retain your marketing materials, scripts and creative for 24 months, as Regulation N requires, and provide them to us on reasonable request; and
• maintain reasonable administrative, technical and physical safeguards for the data.

5. Suppression notices

We will forward suppression, revocation and deletion notices to the email address on your account. Keeping that address current and monitored is your responsibility. Failure to process a forwarded notice within ten business days is a material breach.

6. Audit

On reasonable notice and no more than twice a year, we may ask you to certify in writing that you are meeting this agreement, and to provide representative call scripts, marketing creative, and evidence of your SAN and licensing. Where a specific complaint or compliance signal warrants it, we may ask more often.

7. What we warrant

We represent that, to the best of our knowledge:

• each record is compiled from public records and licensed contact appends, and every modeled field is labeled as modeled;
• no record is derived from a consumer report, a credit-bureau prescreened list, or a mortgage inquiry trigger, and none is sourced in violation of FCRA § 604(c) as amended by the Homebuyers Privacy Protection Act;
• no record contains credit-bureau-derived attributes, and no record contains data about a protected characteristic; and
• the suppression described in our DNC and calling policy has been applied before delivery.

We expressly do not warrant that any record carries consumer consent — none of them do — that any record is safe to call, that any homeowner wants to hear from you, that any modeled figure is accurate, or that any particular outcome will follow. Those are not things a data seller can warrant, and a vendor who warrants them is describing something other than public-record data.

8. Breach and termination

Reselling the data, using it for an FCRA purpose, targeting on a prohibited basis, or ignoring suppression notices are material breaches. We may terminate this licence immediately on any of them, require you to delete all records in your possession, and certify the deletion in writing. Termination does not relieve you of the suppression obligations in section 4, which survive.

9. Survival

Sections 3, 4, 5, 8, and 9, and any accrued payment obligation, survive termination of this agreement for any reason.

10. Relationship to other terms

This agreement is incorporated into the terms of service. Where they conflict on a question of permitted data use, this agreement governs. Questions: compliance@vonta.ai.