This Data License Agreement ("DLA") is between Deep Forest LLC, doing business as MCP Data ("we"), and the customer purchasing or subscribing to any MCP Data product — catalog feeds, custom feeds, APIs, MCP connectors, dashboards, and managed outreach (each a "Product") — whether under the MCP Data or Just Broke Ground brand ("you"). Subscribing, paying, reserving a territory, or using a Product is acceptance of this DLA. For Just Broke Ground seats, the JustBrokeGround Seat License Agreement presented at reservation governs seat, territory, trade, exclusivity, and guarantee mechanics; this DLA governs data use and everything that agreement does not address, and that agreement controls over §§3–4 below where both apply.
We grant you a non-exclusive (except §3), non-transferable license to use the data delivered through your Product ("Licensed Data") for your own internal business purposes and your own marketing and sales outreach. All other rights are reserved.
Where your order confirms an exclusive seat: an "exclusive seat" means that, for the duration of your paid subscription, we will not license the same feed for the same trade category in the same county (each as named in your order confirmation) to another customer. Exclusivity does not restrict (a) different trades in the same county, (b) different counties, (c) our own operation of the underlying data platform, or (d) data sources being public. Seats are enforced by our seat ledger; if we ever double-sell a seat in error, your remedy is our choice of refund of the affected fees or first right to the seat, and this is your exclusive remedy.
Where your order includes the 60-day lead guarantee: if the Product delivers fewer graded leads in your territory in the first 60 days than the count stated in your order confirmation (or, if none is stated, fewer than one), we will refund your setup fee upon written request within 30 days after the period ends. The refund of the setup fee is the sole and exclusive remedy under the guarantee. The guarantee does not apply where you changed territory mid-period or your account is past due.
LICENSED DATA IS COMPILED FROM PUBLIC RECORDS AND THIRD-PARTY SOURCES THAT CONTAIN ERRORS AND CHANGE WITHOUT NOTICE. IT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE. VERIFY ANY RECORD BEFORE RELYING ON IT FOR A SIGNIFICANT DECISION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS DLA AND ANY PRODUCT IS LIMITED TO THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. THE CAP DOES NOT APPLY TO YOUR BREACH OF §2 OR YOUR INDEMNITY IN §7.
You will defend and indemnify MCP Data against third-party claims arising from your use of Licensed Data in violation of §2, including FCRA, TCPA, and CAN-SPAM claims arising from your conduct.
This DLA runs for as long as you have an active Product. Either party may terminate for material breach on 10 days' written notice if uncured. On termination you must stop using and delete Licensed Data, except records you have already lawfully incorporated into your own customer files through completed outreach. Sections 2, and 5-9 survive.
Florida law governs; exclusive venue is the state or federal courts located in Florida. This DLA plus your order confirmation is the entire agreement for the Products and supersedes prior discussions. We may update this DLA prospectively with 30 days' notice for material changes; continued subscription is acceptance. Questions: feeds@getmcpdata.com.