Terms of Service

1. Acceptance of Terms

Welcome to Tankroom (the "Service"), operated by Noctusoft, Inc. ("Company", "we", "us", or "our"), a Texas corporation. Tankroom (tankroom.pro) and Ember Lead (emberlead.pro) are products of Noctusoft, Inc.. By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Service Description

Ember Lead provides fire and property damage lead enrichment services, including but not limited to:

• Property damage lead processing and enrichment
• Owner and property information lookup
• Contact information enrichment
• Neighbor property information (Neighbor Boost)
• County-based data access

The Service integrates third-party data providers and public records to deliver enriched lead information to our subscribers.

3. User Accounts

3.1 Registration: You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3 Prohibited Actions: You may not share your account, use another user's account, or create multiple accounts to circumvent service limitations.

4. Subscription Plans and Billing

4.1 Plans: We offer Solo ($34/month, 1 county) and Pro ($84/month, 2 counties) subscription plans. Each plan includes a specified number of monthly enrichments, county access, and identity verification to keep our platform safe.

4.2 Trial: New users receive 3 free enrichments to evaluate the Service before charges begin.

4.3 Billing: Subscriptions are billed monthly in advance via Square. You authorize recurring charges to your payment method.

4.4 County Add-Ons: Pro subscribers may purchase additional county access at $15/county, $60 for 5 counties, or $199 for state-wide access. Add-ons are billed monthly.

4.5 Neighbor Boost: One-time charges of $5 (Solo) or $3 (Pro) per address apply for unlocking neighbor property information.

4.6 Payment Failures: If payment fails, your access may be suspended until payment is updated. We are not liable for service interruptions due to payment issues.

5. Refunds and Cancellation

5.1 Subscription Refunds: Monthly subscription fees are non-refundable. You may cancel at any time, and access continues until the end of your billing period.

5.2 County Add-On Refunds: Add-ons are refundable within 7 days only if no enrichments have been performed in the added counties. Once used, add-ons are non-refundable.

5.3 Neighbor Boost Refunds: Neighbor Boost charges are non-refundable once data is delivered.

5.4 Cancellation: You may cancel your subscription at any time via the billing page. No partial refunds are provided for unused enrichments.

6. Acceptable Use Policy

You agree NOT to:

• Use the Service for any unlawful purpose or to violate any laws
• Resell, redistribute, or share access to the Service
• Use the Service to harass, stalk, or harm individuals
• Attempt to reverse engineer, decompile, or extract data via automated means
• Use the Service in violation of TCPA, CAN-SPAM, or other communication laws
• Scrape, crawl, or systematically download data from the Service
• Introduce malware, viruses, or malicious code
• Impersonate others or provide false information

7. Data Usage and Compliance

7.1 Your Responsibility: You are solely responsible for how you use data obtained through the Service. You must comply with all applicable laws, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• Fair Credit Reporting Act (FCRA) - if applicable to your use
• State and federal privacy laws
• Do Not Call Registry requirements

7.2 No Consumer Reports: The Service does not provide consumer reports as defined by FCRA. Data may not be used for credit, employment, insurance, or tenant screening decisions.

7.3 Opt-Out Compliance: You must honor opt-out requests from individuals and maintain your own do-not-contact lists.

8. Data Accuracy and Disclaimer

8.1 No Warranty: We provide data "AS IS" without warranties. We rely on third-party data sources and public records that may contain errors, omissions, or outdated information.

8.2 Verification Required: You must independently verify all information before taking action based on it. We are not liable for decisions made using our data.

8.3 Service Availability: We do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, third-party API issues, or other factors beyond our control.

9. Intellectual Property

The Service, including its software, design, content, and trademarks, is owned by Noctusoft and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOCTUSOFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Noctusoft, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your use of data obtained through the Service

12. Termination

We may suspend or terminate your account immediately, without prior notice, if you violate these Terms. Upon termination, your right to use the Service ceases immediately, and we may delete your account and data.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

Any disputes shall be resolved through binding arbitration in Texas, except that either party may seek injunctive relief in court for intellectual property violations.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the new Terms.

15. Contact Information

For questions about these Terms, contact us at:

Email: support@tankroom.pro
Company: Noctusoft, Inc. (a Texas corporation)
Address: 5473 Blair Rd, Ste 100, PMB 424261, Dallas, TX 75231-4227
Website: tankroom.pro