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Additional product terms

Last updated July 1, 2026

**Annex 1 to the Terms of Service

1. General

1.1 These Additional Product Terms (“Product Terms”) supplement the Spectacle Terms of Service (“Terms”) and apply to specific products, features, or modules offered by Spectacle (each, an “Additional Product”). Capitalised terms used but not defined herein have the meanings given in the Terms.

1.2 These Product Terms form an integral part of the Agreement. In the event of a conflict between these Product Terms and the Terms, these Product Terms prevail to the extent of the conflict.

1.3 A violation of these Product Terms is a violation of the Agreement.

1.4 Spectacle may update these Product Terms from time to time. Updates follow the same notice procedure as described in Section 14 of the Terms.

2. Attribution Platform — Core Product

The following terms apply to the Customer’s use of the Spectacle attribution platform.

2.1 Tracking and Data Collection

(a) The Customer is solely responsible for implementing the Spectacle tracking code (“Spectacle Script”, “tracking code” or any equivalent server-side integration), and any related tags, scripts, pixels, APIs, webhooks, identifiers, consent signals, and configuration settings, on or in connection with its websites, applications, domains, subdomains, forms, CRM systems, advertising platforms, server-side environments, and other digital properties in accordance with the Documentation.

(b) The Customer shall ensure that all tracking implementations and related data collection activities comply with applicable privacy and data protection laws, including the GDPR and the ePrivacy Directive (2002/58/EC), and that appropriate notices, lawful bases, and consent mechanisms are in place where required.

(c) Spectacle processes tracking data on behalf of the Customer as a data processor. The scope and categories of data processed are described in the Data Processing Agreement (Annex 2).

(d) The Customer acknowledges and agrees that the performance, availability, completeness, and accuracy of the Services, including tracking, attribution, synchronisation, matching, reporting, and audience functionality, depend in part on the correct implementation, maintenance, and continued operation of the Customer’s own digital properties, environments, systems, and third-party tools.

(e) Any incorrect, incomplete, delayed, altered, degraded, or non-compliant implementation, configuration, maintenance, or use of the Services by the Customer, or by third parties acting on the Customer’s behalf, may adversely affect the operation, output, or accuracy of the Services. This includes, without limitation, changes to the Customer’s websites, applications, tag manager configurations, consent management platform settings, cookie settings, content security policies, domains, redirects, forms, APIs, CRM integrations, server-side infrastructure, advertising platform settings, or other digital properties or technical environments.

(f) Spectacle shall have no liability whatsoever for any loss, inaccuracy, failure, interruption, degradation, delay, or unavailability of the Services, or for any incorrect, incomplete, or missing data, attribution, synchronisation, reporting, or outputs, to the extent caused by: (i) the Customer’s implementation or configuration of the Services; (ii) any change made by or on behalf of the Customer to its digital properties, systems, or environments; (iii) any failure by the Customer to maintain such implementation in accordance with the Documentation or Spectacle’s reasonable instructions; or (iv) acts or omissions of third-party providers engaged by the Customer.

(g) The Customer remains responsible for testing and validating its implementation following any changes to its digital properties, consent flows, integrations, technical environment, or third-party systems that may affect the Services.

2.2 Attribution Models and Reporting

(a) Spectacle provides attribution models and reports based on the data collected through the Customer’s tracking implementation and connected data sources. Attribution results are modelled outputs and should not be relied upon as the sole basis for business decisions.

(b) Spectacle continuously develops and improves its attribution models. Changes to attribution models may affect historical and prospective reporting.

2.3 Event Tracking and Usage Metering

(a) Usage of the attribution platform is metered based on (i) tracked data points and (ii) attributed advertising spend, as defined in the applicable subscription plan. A “tracked data point” means any user interaction or data point processed through the Spectacle platform, APIs, and/or third-party integrations. These tracked data points include but are not limited to, page views, events, ‘group’ calls and identifications. “Attributed advertising spend” means the total advertising expenditure imported into the platform through advertising network integrations.

(b) Tracked data point volumes and advertising spend thresholds are measured on a monthly basis. They are measured for the customer’s current monthly period (e.g April 14 14:21 to May 14 14:20 - depending on moment of sign up of the customer). If the Customer exceeds the limits included in its subscription plan, the following applies:

Any overage will be billed according to the overage pricing listed on the pricing page.
Spectacle will contact customers to discuss overages and plan upgrade possibilities.

2.4 Billing and Pricing

(a) Subscription pricing is published at https://www.spectaclehq.com/pricing or as specified in the applicable Order Form.

(b) Overage charges are calculated by Spectacle based on the Customer’s subscription level and actual usage exceeding the included limits. Overage pricing is published on the pricing page.

(c) Overage charges are billed monthly, regardless of whether the Customer’s underlying subscription is on a monthly or annual billing cycle.

(d) If the Order Form specifies pricing, usage limits, or overage rates, the Order Form prevails over the pricing page for the applicable subscription term.

2.5 Implementation Services

Where Spectacle provides integration or implementation services, whether paid or unpaid, such services are provided on a best-effort basis.

The Customer remains solely responsible for verifying the correctness, completeness, and compliance of all tracking, configurations, and data outputs following implementation. Spectacle does not warrant that implementation services will result in accurate, complete, or uninterrupted data collection or reporting.

If the Customer grants Spectacle access to its websites, code repositories, tag managers, advertising accounts, or other administrative environments, the Customer remains responsible for managing and revoking such access. Spectacle shall not be liable for any issues arising from continued access, access mismanagement, third-party changes, or subsequent modifications made by the Customer or its vendors.

Any errors identified must be reported through Spectacle support. Spectacle will use reasonable efforts to address reported issues. Implementation services do not create any additional warranties beyond those expressly set out in this Agreement.

Nothing in this section expands Spectacle’s liability beyond the limitations set forth in the Limitation of Liability section of this Agreement.

3. Integrations

The following terms apply to the Customer’s use of Spectacle integrations with third-party platforms.

3.1 General Integration Terms

(a) Spectacle offers integrations with various third-party platforms, including but not limited to advertising networks, CRM systems, payment processors, and analytics tools (“Integrations”). The availability of Integrations depends on the Customer’s subscription plan.

(b) By enabling an Integration, the Customer authorises Spectacle to access and retrieve data from the applicable third-party platform on the Customer’s behalf, using the credentials or access tokens provided by the Customer.

(c) The Customer is responsible for maintaining valid authorisation with each third-party platform. Spectacle is not liable for service disruptions caused by expired credentials, revoked permissions, or changes to third-party APIs.

(d) The Customer shall comply with the terms of service and acceptable use policies of each integrated third-party platform. Spectacle is not responsible for the Customer’s violations of third-party terms.

(e) Data retrieved from integrations is subject to the accuracy, completeness, and availability of data provided by those networks. Spectacle does not warrant the accuracy of third-party data.

(f) Spectacle shall not be liable for the quality, legality, integrity, accuracy, completeness, availability, continued access to, or retention of any data supplied by or obtained through third-party platforms, nor for any loss of data, corruption of data, delay, interruption, synchronisation failure, or degradation of data flows resulting in whole or in part from: (i) any suspension, restriction, modification, deprecation, withdrawal, or termination of such third-party services; (ii) changes to third-party APIs, connectors, specifications, schemas, authentication methods, permissions, rate limits, or access policies; or (iii) network failures, connectivity issues, internet outages, or other failures of third-party infrastructure or communications systems.

4. Lens

Lens includes Lens for Companies and, where enabled, Lens for Contacts. Lens for Companies and Lens for Contacts are separate Lens products with separate credit pools, unless expressly stated otherwise in the applicable Order Form.

Lens for Contacts is subject to the additional supplier flow-down terms, data-use restrictions, and compliance obligations set out in Chapter 10. In the event of a conflict between this Chapter 4 and Chapter 10 with respect to Lens for Contacts, Chapter 10 prevails.

4.1 Prerequisite and Availability

(a) Lens is an add-on service. The Customer must maintain an active Spectacle subscription to use Lens. If the Customer’s underlying subscription is terminated or suspended, access to Lens is suspended simultaneously.

(b) Lens subscription plans, included credits, usage limits, and pricing are published at https://www.spectaclehq.com/pricing or specified in the applicable Order Form.

(c) If the Order Form specifies pricing, included credits, usage limits, overage rates, or other commercial terms for Lens, the Order Form prevails over the pricing page for the applicable subscription term.

4.2 Lens for Companies

(a) Spectacle Lens for Companies is a website identification feature that uses IP addresses and related signals to identify organisations visiting the Customer’s digital properties.

(b) Lens for Companies operates on a credit-based model. Credits are measured per monthly billing period and are consumed for each newly identified IP address processed through Lens for Companies during that monthly billing period.

(c) If an IP address has already been identified through Lens for Companies during the same monthly billing period, subsequent processing of that IP address through Lens for Companies does not consume an additional Lens for Companies credit during that monthly billing period.

(d) If an IP address resolves to an identifiable company, Spectacle creates or updates the corresponding company record in the Customer’s account.

(e) Lens for Companies results are probabilistic and based on available data signals. Spectacle does not guarantee the accuracy, completeness, or coverage of company identification results.

4.3 Lens for Contacts

(a) Spectacle Lens for Contacts is a website identification feature that may return contact-level business lead information through the Feature, subject to Chapter 10.

(b) Lens for Contacts operates on a separate credit-based model. Credits are measured per monthly billing period and are consumed for each newly identified IP address processed through Lens for Contacts during that monthly billing period.

(c) If an IP address has already been identified through Lens for Contacts during the same monthly billing period, subsequent processing of that IP address through Lens for Contacts does not consume an additional Lens for Contacts credit during that monthly billing period.

(d) Lens for Contacts is configured to perform an internal United States eligibility check before an identification request is submitted to the applicable Data Provider. IP addresses that are filtered out before an identification attempt is submitted to the applicable Data Provider do not consume Lens for Contacts credits, unless otherwise stated in the applicable Order Form.

(e) If an IP address resolves to identifiable Output Data, Spectacle creates or updates the corresponding record in the Customer’s account, subject to the restrictions and permitted-use terms in Chapter 10.

(f) Lens for Contacts results are probabilistic and dependent on available Data Provider coverage, regional limitations, and data signals. Spectacle does not guarantee the accuracy, completeness, coverage, or availability of Output Data.

4.4 Credits

(a) The number of credits included in the Customer’s Lens plan is specified in the applicable Order Form or on the pricing page.

(b) Lens for Companies credits and Lens for Contacts credits are separate credit pools unless expressly stated otherwise in the applicable Order Form.

(c) Credits are measured per monthly billing period. A monthly billing period runs from the date and time the Customer’s subscription starts until the corresponding date and time in the following month.

(d) If the Customer exceeds the credits included in its Lens plan, overage usage will be billed according to the applicable overage pricing. The Customer does not need to separately enable overage usage unless the applicable Order Form states otherwise.

(e) Unused credits expire twelve (12) months after the date on which they were allocated. Credits are non-transferable and have no cash value.

(f) Overage credits expire twelve (12) months after the date on which they were allocated.

(g) Credits are consumed on a first-expiring, first-used basis.

(h) Overage charges are billed monthly, regardless of whether the Customer’s underlying subscription is on a monthly or annual billing cycle.

4.5 Upgrades, Downgrades, and Cancellation

(a) If the Customer upgrades to a higher Lens plan during a billing cycle, the price difference and any additional credits are prorated for the remainder of the current cycle, unless stated otherwise in the applicable Order Form

(b) If the Customer downgrades or cancels its Lens subscription, the downgrade or cancellation takes effect at the end of the current billing cycle. The Customer retains access to Lens and any remaining credits until the end of that cycle, subject to the Agreement and any applicable suspension or termination rights.

4.6 Data and Privacy

(a) Lens for Companies is designed to identify organisations, not individuals. Lens for Contacts may return Output Data relating to individual business contacts and is subject to Chapter 10.

(b) Lens processes IP addresses and related technical metadata to provide identification functionality. The Customer is responsible for ensuring that its use of Lens complies with applicable privacy, data protection, ePrivacy, marketing, and consumer protection laws.

(c) The Customer shall not use Lens output to identify, profile, target, or communicate with any natural person in a manner inconsistent with applicable law or, in the case of Lens for Contacts, Chapter 10.

4.7 Third-Party Data Enrichment

(a) Lens for Companies may use company identification and enrichment providers, including Snitcher or other providers identified in the Documentation or DPA.

(b) Lens for Contacts may use contact identification and enrichment providers, including RB2B or other Data Providers identified in the Documentation or DPA.

(c) The Customer acknowledges that the availability, accuracy, completeness, and coverage of identification data are dependent on third-party data providers and may vary by region, industry, data source, and technical signal quality.

5. UTM Scout

The following terms apply to the Customer’s use of Spectacle UTM Scout.

5.1 Service Description

(a) UTM Scout is a tool that analyses and monitors the Customer’s UTM parameter usage across advertising campaigns to maintain consistency across campaigns and UTM parameter setting.

5.2 Data Use for Aggregated Research

(a) The Customer grants Spectacle the right to use advertising spend data imported through the Customer’s advertising network integrations for the purpose of producing aggregated and anonymised research reports (e.g., industry benchmarks, advertising trend analyses).

(b) Aggregated research data is processed in a manner that prevents identification of the Customer, its campaigns, or any individual natural person. Spectacle will not publish or disclose any data attributable to the Customer without the Customer’s prior written consent.

(c) Aggregated and anonymised data may be used to optimise Spectacle’s internal marketing, sales, research, and product processes, provided that Customer, its campaigns, and any individual natural person cannot reasonably be identified.

(d) The Customer may opt out of the use of its advertising spend data for aggregated research purposes by notifying Spectacle at privacy@spectaclehq.com. The opt-out takes effect within thirty (30) days of receipt.

6. Webhooks and Automations

The following terms apply to the Customer’s use of Spectacle webhooks and automation features.

6.1 Configuration and Use

(a) Spectacle offers webhook and automation functionality that allows the Customer to trigger actions in external systems based on events within the Spectacle platform.

(b) The Customer is solely responsible for the configuration, testing, and consequences of its webhooks and automations, including the accuracy of target endpoints and the handling of data transmitted.

6.2 Reliability

(a) Spectacle delivers webhook payloads on a best-effort basis. While Spectacle implements retry logic for failed deliveries, Spectacle does not guarantee delivery of every webhook event. Spectacle does not guarantee that the delivery order is the exact same as in which the events occurred.

(b) The Customer is responsible for implementing appropriate error handling and idempotency in its receiving systems.

6.3 Security

(a) The Customer shall secure its webhook endpoints and verify webhook signatures where available to prevent unauthorised access.

(b) Spectacle is not liable for data breaches or security incidents arising from the Customer’s failure to secure its webhook endpoints.

7. AI and Machine Learning Features

The following terms apply to any features of the Services that use artificial intelligence or machine learning (“AI Features”).

7.1 Service Description

(a) AI Features may include automated insights, predictive analytics, recommendations, or automated data processing. AI Features are provided as tools to assist the Customer’s decision-making, not as a substitute for professional judgment.

(b) AI Feature outputs are generated by algorithms and may contain inaccuracies. The Customer is responsible for reviewing and validating AI outputs before relying on them.

7.2 Data Use

(a) AI Features may process Customer Data to generate outputs. The processing of Customer Data for AI Features is governed by the Data Processing Agreement.

(b) Spectacle may use aggregated and anonymised data derived from the Services (from which no individual customer or natural person can be identified) to train and improve its AI models. The Customer may opt out of this aggregated data use by contacting privacy@spectaclehq.com.

7.3 Third-Party AI Providers

(a) Certain AI Features may utilise third-party AI providers. Where this is the case, Spectacle will disclose the relevant providers in the Documentation or on request.

(b) The use of third-party AI providers is subject to the sub-processor provisions of the Data Processing Agreement.

8. Beta and Early Access Features

8.1 Spectacle may make certain features or products available in beta, early access, or preview (“Beta Features”). Beta Features are identified as such in the interface or Documentation.

8.2 Beta Features are provided “as is” and “as available” without any warranty or SLA commitment. Spectacle may modify, suspend, or discontinue Beta Features at any time without prior notice and without liability.

8.3 Beta Features may be subject to additional or different usage limits. Spectacle may collect additional usage data and feedback during a beta period to evaluate and improve the feature.

8.4 Unless otherwise agreed, Beta Features are provided at no additional charge during the beta period. If a Beta Feature transitions to general availability, continued use may require an upgrade or additional fees.

9. Compliance and Regulatory Notes

9.1 The Services are designed as a general-purpose marketing attribution and analytics platform. The Services are not designed or certified for use in connection with: (a) healthcare data subject to Wet op de geneeskundige behandelingsovereenkomst (WGBO) or equivalent; (b) processing of special categories of personal data as defined in Article 9 GDPR, unless the Customer has implemented appropriate safeguards; or (c) automated decision-making with legal or similarly significant effects as described in Article 22 GDPR, without human oversight. The Customer shall not use the Services to process special categories of personal data unless expressly agreed in writing by Spectacle and covered by the applicable DPA, Order Form, and required safeguards.

9.2 Customers operating in regulated industries are responsible for assessing whether their use of the Services and any Additional Products complies with applicable industry-specific requirements.

10. Lens for Contacts

This Chapter 10 sets out the additional terms governing Spectacle Lens for Contacts (the "Feature"). It forms part of the Product Terms of Service, which are incorporated into the Agreement under Section 3.4 of the Spectacle Terms of Service (the "Terms"). This Chapter 10 applies only where and for so long as the Customer accesses or uses the Feature. If the Customer does not use the Feature, this Chapter 10 does not apply.

By enabling or using the Feature, the Customer agrees to this Chapter 10. Capitalised terms not defined here have the meaning given in the Terms or the Data Processing Agreement (Annex 2). In the event of a conflict between this Chapter 10 and the rest of the Terms with respect to the Feature only, this Chapter 10 prevails.

Certain provisions in this Chapter 10 are included to satisfy requirements imposed by Spectacle’s third-party data providers. For purposes of this Chapter 10 only:

(a) references to “Company” mean Spectacle, except where the context relates to a Data Provider’s data, systems, intellectual property, restrictions, policies, rights, or enforcement requirements, in which case “Company” includes the applicable Data Provider;

(b) references to the “Service” mean the Feature, Output Data, Service Metadata, Spectacle Platform, and related infrastructure made available as part of Lens for Contacts only, and do not refer to any other Spectacle services unless expressly stated;

(c) references to “Output Data”

(d) the Data Provider is an intended third-party beneficiary of the restrictions, disclaimers, and indemnities in this Chapter 10 to the extent required to protect the Data Provider’s rights.

10.1 The Feature

10.1.1 Spectacle Lens for Contacts extends Spectacle's Lens identification capability to surface contact-level business leads ("Output Data") associated with website visitors and related signals, together with any analytics, enrichment, and delivery functionality Spectacle makes available as part of the Feature.

10.1.2 Spectacle provides the Feature in part through one or more third-party data providers (each a "Data Provider"). The Customer's rights in the Feature and Output Data are no broader than the rights granted in this Chapter 10, and the Customer's use of the Feature and Output Data is subject to the restrictions in Sections 10.4 to 10.14. Spectacle may update this Chapter 10 on notice in accordance with Section 14 of the Terms to reflect a change in the standards a Data Provider requires of Spectacle.

10.1.3 Territorial scope (United States only). The Feature identifies, and returns Output Data only for, visitors located in the United States, based on IP address; non-US IP addresses return no result. The Feature is configured to perform an internal United States eligibility check before submitting an identification request to the applicable Data Provider. IP addresses that do not appear to relate to visitors located in the United States are not submitted to the Data Provider and return no Output Data. The Customer shall not use, or attempt to use, the Feature to identify, target, or send communications to individuals outside the United States, or to circumvent the Feature's US-only scoping.

10.1.4 "Visitor data" distinguished. This Chapter 10 governs the Customer's use of Output Data made available through the Feature. It does not govern Spectacle's general collection and processing of website-visitor data for the Customer's other use of the Services (for example, anonymous company-level Lens analytics), which continues to be governed by the Agreement, the Data Processing Agreement (Annex 2), and the Privacy Policy.

10.2 Definitions specific to the Feature

10.2.1 "Account Information" means information the Customer provides to create, support, and maintain an account enabling access to the Feature.

10.2.2 Output Data means the Personal Information and other content or materials made available to Customer through the Spectacle Platform as part of the Feature, including commercial leads provided by Spectacle or the applicable Data Provider. Output Data excludes, Lens Request Data, and Service Metadata.

10.2.3 “Order Form” means an ordering document, including an order receipt, related to Customer’s ordering of the Service and specifying the details of Customer’s subscription and any fees to be paid by Customer.

10.2.4 "Personal Information" includes any substantially similar terms to “personal information” such as and including “personal data” or “personally identifiable information” and as to each, shall have the meaning given to such terms under applicable law. It includes, without limitation, any information or identifier that is or can be associated with an individual, a browser, or a device

10.2.5 Service means the Feature, Output Data, Service Metadata, Spectacle Platform, and any accompanying or related infrastructure, functionality, technology, or analytics made available as part of Lens for Contacts only.

10.2.6 "Service Metadata" means information collected or inferred by Spectacle in the course of delivering the Feature, including information about deliverability and system operations.

10.2.7 “Spectacle Platform“ means the software or other technology provided by Company to Customer under this Agreement.

10.3 Customer account; eligibility and security

10.3.1 Eligibility. Eligibility restrictions. Customer shall ensure that only Customer’s employees or service providers, or the employees or service providers of Customer’s wholly or majority owned subsidiaries who have been expressly authorized by Customer to use the Service in accordance with this Agreement, shall use or otherwise access the Service (“Authorized Users”). Customer may not use the Service if Customer or any of Customer’s Authorized Users are a competitor of Spectacle or the Data Provider(as determined by Company in its sole discretion). Customer shall ensure that all Authorized Users are at or above the age of majority in their jurisdiction. Customer must comply with any other eligibility restrictions on Authorized Users set forth in the Order Form and ensure that Customer’s Authorized Users comply with this Agreement

10.3.2 Account security. Except as expressly set out in the Agreement or DPA, neither Spectacle nor any Data Provider guarantees that the Feature will be immune from all unauthorised access, security incidents, scraping, or misuse. Despite Company’s security efforts, it is possible that unauthorized individuals will obtain Customer’s information, such as through web-scraping tools (even though Company does not authorize and in fact prohibit that behavior). Customer agrees and understands that it will be liable for any activity that occurs through Customer account and further acknowledges and agrees that Customer and its Authorized Users:

are solely responsible for maintaining the confidentiality and security of Customer’s Account Information and account credentials such as its username and password.
may not share Customer’s account credentials and must restrict access to its computers and other devices.
must access the Service and Company’s network, systems, or applications only through encrypted connections.
must maintain up-to-date OS (operating system) patching and active anti-malware on the end-user devices used to connect to the Service or Company’s environment.
must ensure that all terminated employees or other users have their access revoked to the Service within 24 hours of termination.
must notify Company promptly (and in any event within 72 hours) of security incidents that could have implications to Company (e.g. users with compromised credentials or lost or stolen devices with access to the Service, compromised networks or systems including malware worm or ransomware, etc.,).
will reach out to Company’s vulnerability discovery program at support@Spectaclehq.com if Customer suspects any vulnerabilities with Company’s Service.

10.4 Licence and service restrictions

The Customer agrees to the following restrictions:

Customer may not resell, distribute or otherwise disclose or make available the Service, including any functionally similar or equivalent version of the Output Data (for instance, “J. Smith, CEO, Acme Fun Products, Inc.” would be a functionally equivalent version of “Jane Smith, CEO and Founder, AFP, Inc.”) (hereinafter the “Resale Restriction”).
Customer may not access the Service, including any functionally similar or equivalent version of the Output Data, on behalf of any third-party entity or organization.
Customer may not transmit information to or through the Service that is fake or fictitious, impersonate any person or entity, or falsely state or otherwise misrepresent Customer’s affiliation with a person or entity in connection with Customer’s use of the Service.
Customer may not develop any service, product, toolset, dataset or derivative work from the Service, whether in aggregated or non-aggregated form, and whether in identified or de-identified form.
Customer may not reverse engineer, decompile or disassemble the Service (in whole or in part).
Customer may not access the Service or extract data from the Service in a way that exceeds Customer’s authority from Company or violate this Agreement or other policies or restrictions Company has implemented (whether such implementation is verbal or technical in nature).
Customer may obtain Output Data solely through the APIs and interfaces provided by Company. Customer shall not use any other manual or automated means, (including “data scraping,” crawlers or bots) in order to access or obtain the Service.
Customer may not leverage, consult with, use, review (in trial, free, or paid form) or rely upon the Service to develop or create a product or feature that is competitive with the Service (or any portion thereof).
Customer may not remove any proprietary notices or label.

10.5 Additional restrictions on use of Output Data

Customer may not use the Service (including use of the Service to send email, mail, SMS, push notifications, fax phone or other communications): a. to advertise or promote any illegal service or product (or send any other communications) that are illegal in the place offered or consumed. b. to advertise or promote tobacco or marijuana products, firearms, ammunition or other weapons, counterfeit or pirated goods or services, adult content or services (such as pornography or escort services), unlicensed gambling, investment schemes (including promotion of “pink slip” stocks), astrology or psychic services, lotteries, credit repair services, payday loan services, or any type of hate speech (targeting any societal group). c. to violate any securities or commodities regulations (such as to promote a “pump and dump” scheme). d. in a manner that violates any applicable laws (including, without limitation any marketing or data privacy and security laws) or industry best practices or that would cause Company to violate applicable law. In particular Customer agrees not to use the Service in a manner that would violate the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation (CASL), the U.S. TCPA, the Telemarketing Sales Rules or any similar such laws. e. to defraud, deceive, mislead, discriminate against, harass, libel or defame any person, group or entity. f. to promote any product or service that is in violation of any person’s or entity’s intellectual property rights. g. to threaten, promote or commit violence or fraud, or to violate any person’s or entity’s rights. h. For any purpose subject to the Fair Credit Report Act, including without limitation for the modeling of, or determination of, consumer credit worthiness, consumer credit approval, a consumer’s eligibility for employment or insurance.

10.6 Additional restrictions on use of email

Without limitation of any of the above restrictions, Customer may not use the Services for the following: a. Sending emails from a group distribution email such as hello@or marketing@ or similar group distribution email addresses. b. Failing to include appropriate opt out mechanisms in commercial emails or failing to comply with applicable laws or best practices related to opt-outs or user choice and control principles. c. Using a fictional identity, pseudonym or alias to send emails. d. Sending emails that generate an unacceptable (as determined in Company’s reasonable discretion) level of bounces, spam or complaints. e. Transmitting material that contains or links to virus, trojan horse, worms or any malicious or harmful software program. f. Using Company’s Service in conjunction with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited emails, text messages or phone calls.

In the event Customer becomes aware of or suspects a violation of these restrictions and policies, it shall notify Company at support@spectaclehq.com. Company will determine compliance with these restrictions at Company’s sole discretion. In the event that Company confirms or reasonably suspects that Customer has failed to comply with this Agreement or has otherwise used the Service in an abusive or fraudulent manner or in a manner intended to circumvent Company’s stated policies or rules, Company may immediately terminate Customer’s access to the Service, and, upon Company’s written demand, Customer shall cease all use of the Service and the Output Data.

Customer shall ensure that all commercial emails sent using or based on Output Data include accurate header information, a clear and conspicuous opt-out mechanism, a valid physical postal address, and that unsubscribe requests are honoured within the period required by applicable law, including the CAN-SPAM Act where applicable.

10.7 Output Data, , and Lens Request Data: ownership, licences, and designations under privacy laws

10.7.1 Output Data. Subject to this Chapter 10, Spectacle grants Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to use Output Data solely for Customer’s internal B2B sales and marketing purposes. Customer does not acquire ownership of Output Data and may not resell, disclose, distribute, incorporate into a competing product, or otherwise use Output Data except as expressly permitted in this Chapter 10.

10.7.2 Lens Request Data. For purposes of the Feature, “Lens Request Data” means the IP address and limited related technical request data processed by Spectacle to determine whether a visitor appears to be located in the United States and, where applicable, to submit an identification request to the applicable Data Provider. Lens Request Data does not include Customer CRM files, contact lists Output Data, or Service Metadata.

As between the parties, Customer retains all rights it has in Lens Request Data collected from Customer’s digital properties. Customer grants Spectacle a licence to host, access, copy, use, transfer, and process Lens Request Data solely for the purpose of providing, securing, validating, operating, and improving the Feature, including determining US eligibility before submitting an identification request to a Data Provider.

With respect to Lens Request Data processed by Spectacle solely to provide the Feature, the parties’ roles are as set out in the Data Processing Agreement, unless Spectacle determines the purposes and means of processing for its own security, fraud prevention, service validation, internal diagnostics, or service improvement, in which case Spectacle acts as an independent controller or independent business for that limited processing.

10.7.3 Product configuration. The Feature identifies visitors using IP address and related website-visit signals only and does not require the Customer to upload or submit CRM files or contact lists

10.8 Customer representations regarding Lens Request Data

10.8.1 Lens Request Data. Customer further represents, warrants, and covenants that:

a. It has the right and authority to deploy the Spectacle Script and related technologies on each digital property from which Lens Request Data is collected, and to permit Spectacle and the applicable Data Provider to process Lens Request Data for the purpose of providing the Feature.

b. It has provided all notices and obtained all consents, permissions, or other lawful bases required under applicable law for (i) the collection of visitor IP addresses and related technical data from its digital properties, and (ii) the disclosure of eligible Lens Request Data to Spectacle and, where applicable, the applicable Data Provider for United States visitor identification.

c. Its public-facing privacy notice (and, where required, any cookie or consent banner) accurately discloses the processing described in Sections 10.9 and 10.10, including any characterization of such processing as a "sale" or "share" of Personal Information and any associated opt-out mechanism, and it will honor any opt-out, do-not-sell/share, or similar signal it is required to recognize.

d. It will not enable, configure, or use the Feature on any digital property, or in any manner, that it is not lawfully entitled to, including any property subject to HIPAA or from which sensitive Personal Information or information regarding individuals under the age of 18 is collected.

e. It will not use, or attempt to use, the Feature to identify, target, or communicate with individuals outside the United States, or to circumvent the Feature's US-only scoping (Section 10.1.3).

10.9 Consumer consents and permissions

Customer acknowledges and agrees that it is solely responsible and liable for its use of the Output Data and any communications made in connection with its use of the Output Data, and that the following obligations apply. Customer acknowledges that in some countries, U.S. states or other jurisdictions, it may be required to obtain consent, provide notice or complete some other action in order to lawfully conduct certain types of marketing activities or processing of Personal Information, such as certain email or digital marketing. Customer understands that Company has not provided any notices nor obtained any rights or consents on Customer’s behalf.

10.10 Data privacy and security

Nature of Exchange. Company’s Service contains certain elements related to targeted advertising (also known as “cross context behavioral advertising”), or other usage of Lens Request Data and Output Data by Company, as described in this Agreement. This may amount to a “sale” of Personal Information under certain state statutes, and (depending whether Customers are subject to those statutes, which may depend upon Customer’s size or the nature of Customer’s business) such “sale” of information may require Customer to make certain disclosures or provide certain consumer “opt out” or other rights. Company may in turn provide Customer with materials or recommendations regarding these requirements: if Company does so, Customer understands that these are purely advisory in nature and are neither legal advice nor a substitute for legal advice. Customer therefore should consult counsel regarding requirements Customer may have under any such applicable law.
Certain laws may require that Customer provide notice to, or obtains consent from a consumer in order to process their Personal Information in relation to the Service. Customer understands and acknowledges that Company recommends that it post a web banner or similar notice on any website from which Personal Information is collected for purposes of the Service containing the below or substantially similar language, provided that such does not constitute and should not substitute for legal advice:

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or online profiles. We (or service providers on our behalf) may then send communications and marketing to these emails or profiles. You may opt out of receiving this advertising by visiting [insert applicable Data Provider or Spectacle opt-out URL].

Ensure that its use of US visitor IP address through the Feature, and any resulting communications, comply with applicable U.S. federal and state law. The Feature is provided for US-based visitor identification only (Section 10.1.3), and the Customer shall not use it in relation to individuals outside the United States.

10.11 Disclaimer

CUSTOMER’S USE OF THE SERVICE IS AT ITS OWN RISK. THE SERVICE (AND ALL OUTPUT DATA PROVIDED THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY COMPANY TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THIS AGREEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH STATES, THESE WARRANTIES WILL BE DISCLAIMED ONLY TO FULLEST EXTENT PERMITTED BY LAW.

10.12 Limitation of liability

COMPANY (AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES) SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM A PARTY’S ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER OR RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED THE TOTAL OF THE AMOUNT PAID DIRECTLY BY CUSTOMER TO COMPANY DURING THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE. ADDITIONAL DISCLAIMERS FROM COMPANY MAY APPEAR WITHIN THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON CUSTOMER’S USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.

10.13 Indemnification

In addition to Section 12.2 of the Terms, Customer agrees to indemnify, defend and hold harmless Company, Company’s affiliates, directors, officers, employees, contractors and agents, and Company’s suppliers, licensors, and service providers from and against any actual or threatened loss, liability, claim, demand, damages, costs or expenses, including reasonable attorneys’ fees and expenses (collectively, “Claims”), arising out of or in connection with: (1) Customer’s use of the Service; (2) Customer’s breach of these Restrictions; (3) Customer’s violation of any applicable law or rights held by any third party, including regarding website disclosures.

10.14 Equitable and injunctive relief

In the event of a breach of the restrictions on resale described in section 10.4, Customer agrees that money damages may not be an adequate remedy. Accordingly, in the event of such breach, Customer agrees that Company will be entitled (without exclusion of other remedies herein, including monetary remedies) to seek specific performance and injunctive or other equitable relief as a remedy for any such breach, including disgorgement of profits. Customer further agrees to waive any requirement that Spectacle secure or post any bond in connection with such remedy. Customer further agree that should Company prevail in a suit in which Company asserts a violation of section 10.4, Customer will pay Company’s reasonable attorneys’ fees and costs, including costs of investigation.

10.15 Effect of termination

On termination, expiry, or suspension of the Feature, or upon Spectacle's written demand, the Customer shall immediately cease all use of the Feature and Output Data. Sections 10.4 to 10.14, and any provision that by its nature should survive, survive termination, consistent with Section 13.5 of the Terms.