These In-Market Data Terms (the "Terms") are between SAM AI, Inc. ("Sam.ai," "we" or "us") and the client named in an Order Form ("you"). They apply together with your signed Order Form and the Sam.ai Terms of Service. Section 9.6 explains which document wins if they ever disagree.
1.1Order Form. The document you sign with us that names your market, monthly numbers, price and any special terms.
1.2Market. The service and area named in your Order Form, for example "commercial real estate tenant representation (office space) in New York, New York."
1.3In-Market Company. A company we identify as most likely to need your services, ahead of others.
1.4Delivery Date. The date an In-Market Company first appears in your Sam.ai account.
1.5Licensed Data. The in-market data, company data and contact data we provide.
1.6Effective Date. The date your Order Form has been signed by all parties.
2.1Our method. We use deep research, inference and reasoning to spot companies that are likely to need your services before others do. We weigh signals such as growth and growth rate, hiring trends and open positions, funding and investments, and what executives and decision-makers are doing and saying.
2.2An educated estimate. This is not a perfect science. Each in-market designation is an educated estimate based on available signals. There is no certainty that any company is, or will become, in the market for your services. Signals can be incomplete, delayed or wrong, and a company's plans can change.
2.3Your judgment. You decide how to act on each company and contact.
3.1In-Market Data. Each month, up to the number of In-Market Companies and decision-maker contacts in your Order Form, for your Market. Each one comes with the signals and reasons we see, and your Market is scanned weekly.
3.2Agent Sam. A business development agent trained on your GTM/Sales Playbook: who you serve, what you offer and how you sound. It finds decision-makers in 377M+ verified B2B contacts, enriches each contact, writes each email and LinkedIn message for your approval, runs the campaign on email and LinkedIn, and turns replies into booked meetings and a call-ready list.
3.3Allowances. Your monthly numbers, Playbooks, leads, messages and users are listed in your Order Form. All monthly numbers are maximums. They reset each month, do not carry over, and expire unused.
3.4You stay in control. Nothing is sent until you approve it. Agent Sam never places calls; you make every call. You can pause Agent Sam at any time.
3.5Improvements. We may update features, data sources and scoring. We will not remove the core of your package during your term.
3.6Availability. We target 99.98% uptime. That is a target, not a guarantee, and it excludes scheduled maintenance and events outside our reasonable control.
4.1Term. Your term is 12 months from the Effective Date.
4.2Payment. The full amount in your Order Form is due at signing and is charged once. It is non-refundable.
4.3No early cancellation, except for cause. You may end your Order Form before the term ends only for cause, which means:
(a) Outage. The Sam.ai service is unavailable for more than 3 consecutive days, not counting scheduled maintenance announced in advance; or
(b) Non-delivery. We do not provide the services in your Order Form, and do not fix it within 10 days of your written notice. Receiving fewer In-Market Companies than the monthly maximum because of real market activity is not non-delivery.
4.4Outage extension. For any outage longer than 3 days, your term is extended by one day for each day the service was unavailable.
4.5Renewal. Your plan does not renew on its own. If you renew, you may receive the same rates, but this is not guaranteed. If our rates increase, you will receive a preferred rate below the list price, in recognition of your loyalty.
4.6Taxes and fees. Sales tax is charged only where the law requires it, as shown in your Order Form. There are no other fees.
4.7Add-ons. Extra users or volume are priced in writing and paid in advance on these same terms.
5.1What it does not cover. Exclusivity covers our in-market data only. It does not make any company or contact yours alone. The same companies and people are in our general database, and other users may find them by searching it, but they will not receive the in-market designation, signals or reasons we give you. Others may also find the same companies on their own. None of this is a breach.
5.2Customers who do not compete with you. We may share the same company as in-market data with customers who offer different services, or who serve a different market.
5.3Honest mistakes. Errors can happen, for example a system or data-matching error, the same company listed under another name or location, or overlapping market definitions. An inadvertent delivery is not a breach.
5.4Sole remedy. If you find that one of your In-Market Companies was shared contrary to this Section, tell us in writing within 30 days. We will, at our choice, give you a replacement In-Market Company or a service credit. That is your only remedy. It does not entitle you to a refund, damages or to end your Order Form.
5.5When it ends. Exclusivity ends when your term ends without renewal, or earlier if your Order Form is ended for a breach or fees are unpaid.
6.1Your messages and calls. You are the sender of everything you approve, and you are responsible for it.
6.2Follow the law. You follow the laws that apply to your outreach, including CAN-SPAM for email, the TCPA and do-not-call rules for calls and texts, and privacy laws. You honor every opt-out, get consent before recording calls, and follow your licensing and industry rules.
6.3Business use only. You use the data only to find and contact business clients. You will not use it to decide anyone's credit, employment, insurance or housing. It is not a consumer report under the Fair Credit Reporting Act.
6.4Do not share the data. You will not sell, share or publish our data, copy our database, or use it to build a competing product or train AI models.
6.5Accounts. Each user has their own login. You keep logins private, remove users who leave, and are responsible for activity on your account.
6.6Email and LinkedIn. We set up and warm a sending domain for your outreach, but we cannot promise every email reaches the inbox. You connect your own LinkedIn and other accounts, follow those platforms' rules, and carry the risk if a platform limits your account.
6.7Removals. We may remove records at any time, for example after an opt-out. You will not contact or re-upload anyone who has been removed.
6.8Sensitive data. You will not upload health information, card numbers, Social Security or other ID numbers, or data about children.
7.1Your data is yours. Contacts you upload, your notes, pipeline and messages belong to you, and you can export them at any time. We will not use them to train AI models used by other customers or the public.
7.2Contacts you keep. You may keep and use, for your own business, the contacts you unlock during your term, even after it ends.
7.3What stays with us. In-market designations, scores, signals, reasons and research, and access to our database, end when your term ends. Sam.ai owns its software, scoring and database.
7.4Check AI drafts. AI drafts can contain mistakes. You review everything before you approve it.
7.5Confidentiality. We each keep the other's private business information confidential, including our in-market data, scoring and pricing, for 3 years after the term ends, and for trade secrets indefinitely.
7.6Security. We protect your data with a written security program and will tell you promptly if a confirmed breach affects it. After your term ends, you have 30 days to export your data before we may delete it.
7.7Compliance checks. Once a year, or sooner if we suspect misuse, we may check that our data is used as these Terms allow.
8.1No guaranteed results. We do not guarantee that any company will need your services, or that you will win meetings, deals, leases, placements or revenue.
8.2As provided. Apart from the promises in these Terms and your Order Form, the service and data are provided as they are, without other warranties, and we cannot promise they will be error-free.
8.3Limit on what we owe. Neither of us is responsible for indirect losses, such as lost profits or lost deals. Our total responsibility is limited to the fees you paid for the 3 months before the problem arose.
8.4When the limit does not apply. The limit in 8.3 does not cover amounts you owe, misuse or sharing of our data, breaking confidentiality, fraud or deliberate wrongdoing.
8.5If your outreach causes a claim. If someone makes a claim against Sam.ai because of your messages, calls, data or a law you broke, you will cover our costs, including reasonable legal fees.
8.6If our software causes a claim. If someone claims our software infringes their U.S. patent, copyright or trademark, we will defend you and cover any damages awarded.
8.7Time limit for claims. Any claim must be made within 1 year of when it arises.
9.1Ending for a breach. Either of us may end an Order Form if the other seriously breaks it and does not fix the problem within 30 days of written notice. We may end it right away if our data is misused or shared, or if your business becomes insolvent. In those cases there is no refund.
9.2Disagreements. Senior people from each side will first try to resolve any dispute for at least 30 days. If that fails, it goes to binding arbitration with the American Arbitration Association in New York County, New York, instead of court. Either of us may go to court to stop misuse of confidential information or data, and we may go to court to collect unpaid fees. There are no class actions or jury trials. New York law applies.
9.3Hiring each other's people. During the term and for 12 months after, neither of us will try to hire the other's employees or contractors who worked on your account.
9.4Your name and testimonials. We may list you as a customer. We will ask before publishing any case study or testimonial, and you approve the wording.
9.5Which version applies. We may publish new versions of these Terms from time to time. The version named in your signed Order Form applies for your whole term. A new version applies to you only when you renew or if you agree to it in writing. We keep every past version and will send you a copy on request. If the web address changes or cannot be reached, the copy attached to your Order Form controls.
9.6Which document wins. If documents disagree, your signed Order Form wins, then these Terms, then the Sam.ai Terms of Service and Privacy Policy.
9.7Other terms. You need our written OK to transfer your Order Form; we may transfer it if Sam.ai is merged or sold. Neither of us is responsible for delays caused by events beyond our reasonable control, other than payments. Notices go to the addresses in the Order Form, and to us at SAM AI, Inc., 1460 Broadway, New York, NY 10036, with a copy to legal@sam.ai.
9.8The whole agreement. Your Order Form, these Terms and the documents in 9.6 are our full agreement. Changes must be in writing and signed by both of us. If one part cannot be enforced, the rest still applies. Electronic signatures count.