Terms of Service

These Terms of Service ("Terms") are a contract between you (the individual or organization purchasing or using our data, "you" or "buyer") and Operator ("Operator", "we", "us"), operator of operator.fyi. By creating an account, purchasing a list, or otherwise using the service, you agree to these Terms, the Privacy Policy, and the Acceptable Use Policy("AUP"). If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.

Operator compiles and sells downloadable lists and datasets of businesses for B2B intelligence, research, and outreach. Each product is a structured record set (for example, business names, categories, locations, and available contact fields) that you purchase and download for use in your own sales, marketing, market research, and deal-sourcing workflows. Operator is a data provider only; we do not conduct outreach on your behalf and we are not a party to any communication you send to a listed business.

On purchase, and subject to your payment and continued compliance with these Terms, Operator grants you a limited, non-exclusive, non-transferable, revocable license to use the purchased list for your own internal business purposes: research, market intelligence, and outreach conducted by or for you.

Within that license, you may contact the businesses in a purchased list for legitimate B2B purposes, provided you do so in accordance with the AUP and all applicable law. The license is for your own use only and does not permit any of the activities described in Section 4.

You may not:

• Redistribute, resell, sublicense, publish, post, or otherwise share the purchased data, in whole or in part, with any third party.
• Create or share a derivative list, export, or data product built from the purchased data.
• Use the data to build, train, or enrich a competing data product, list-broker service, or business directory.
• Represent the data as your own compiled dataset for licensing to others.

A one-time purchase is a snapshot of the data as it existed at the time of purchase. It does not include updates, and business information may change after delivery.

Every list is deliverability-checked before it is delivered to you. If more than 3% of the deliverable contacts in a purchased list bounce, Operator will, at your option, either refund the purchase or top up the list with replacement records.

To claim under this guarantee, contact us with your bounce evidence within 30 days of delivery. This guarantee is your exclusive remedy for data-quality issues and applies to the deliverable contacts in the list as delivered.

Prices are as shown at checkout and are due at the time of purchase in US dollars, exclusive of any applicable taxes. The accuracy guarantee in Section 5 governs refunds and replacements for data-quality issues. Because the products are digital data delivered immediately, all sales are otherwise final and non-refundable except where required by law.

You are solely responsible for the legality of your own outreach. You are the sender, caller, or messenger of record for every communication you send to a listed business, and you must comply with all applicable laws and regulations, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the California Consumer Privacy Act as amended by the CPRA (CCPA/CPRA), and any other applicable federal, state, and local laws. You must honor opt-out, unsubscribe, and do-not-contact requests, and you must maintain any suppression lists, consents, and records your outreach requires. Operator does not provide legal advice, and delivery of a list is not a representation that contacting any particular record is lawful in your circumstances.

Our data is compiled from public sources, including business registrations and filings, publicly available web presence, and other publicly accessible information. Except for the accuracy guarantee in Section 5, the data is provided "as is" and "as available", without warranty of any kind. We do not warrant that the data is complete, current, error-free, or fit for any particular purpose. You are responsible for independently verifying any record before relying on it.

To the maximum extent permitted by law, and apart from the express accuracy guarantee in Section 5, Operator disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted or error-free or that any outreach conducted using the data will produce any particular result.

To the maximum extent permitted by law, Operator's total liability for any claim arising out of or relating to these Terms or the service is limited to the amounts you paid us for the specific list giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost revenue, lost business, or lost data, even if advised of the possibility of such damages.

You agree to indemnify, defend, and hold Operator harmless from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising out of your use of the data, your outreach, your violation of these Terms or the AUP, or your violation of any applicable law.

These Terms are governed by the laws of the State of Hawaii, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the service will be resolved in the state or federal courts located in Hawaii, and you and Operator consent to the personal jurisdiction of those courts.

We may update these Terms as the product evolves. Material changes will be posted on this page with an updated effective date and, where appropriate, communicated by email to your account address. Continued use of the service or the data after changes take effect constitutes acceptance of the updated Terms.

Questions about these Terms, billing, or the accuracy guarantee: legal@operator.fyi.