Terms of Service

1. About these terms

These terms are an agreement between you and Vertex Innovation Collective Ltd. (Fokals) ("we", "us") for the use of the Fokals website, application, API, data deliveries and any related services (the "Service"). By creating an account, signing in, or using the Service or any data from it, you accept these terms. If you accept them for a company, you confirm that you may bind that company, and "you" means that company.

If you have signed a separate written agreement with us, such as a data licence or an order, that agreement prevails over these terms wherever the two differ.

2. Who may use the Service

The Service is for businesses and professionals. You must be at least 18 years old. You must give accurate account details and keep your sign-in and any API keys secure. You are responsible for everything done under your account and with your keys.

3. The Service and the Data

The Service provides information about companies compiled from public sources: companies' own websites and public DNS records, the job postings companies publish on their job boards, their newsrooms and feeds, public regulatory filings, and open datasets. It includes our own analysis of this information: labels, scores, groupings, aggregates, series, summaries and reports (together, the "Data"). Company names, brand names and trademarks shown in the Service belong to their owners.

4. Your licence

While you comply with these terms and have paid any fees due, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service and the Data for your internal business purposes. You may create analyses, reports and presentations from the Data for your internal use and for your own clients, provided that they do not contain the Data in bulk or in a form that could substitute for the Service. Any other use, including resale, redistribution, sublicensing or embedding the Data in a product for others, requires a separate written agreement with us.

5. What you must not do

• Sell, resell, rent, license, redistribute or publish the Data, or give third parties access to it, except as section 4 or a separate written agreement allows.
• Use the Data to identify, profile, contact or make decisions about any individual person, or to infer sensitive characteristics of anyone.
• Copy, scrape or crawl the Service, access it by automated means other than an interface we provide for that purpose, or reverse-engineer it.
• Share accounts, sign-in links or API keys, or exceed the limits of your plan.
• Use the Service in breach of any law, or of any rights or terms of a third party that apply to your use.
• Use the Service to build a competing product or dataset.

6. Investment use

Under these terms alone, the Service and the Data are not provided for investment purposes. You must not use them, or allow them to be used, to make or inform decisions to buy, sell or hold securities or other financial instruments, or provide them to any investment fund, asset manager or trading firm, unless we have agreed to that use in a separate written agreement. We license the Data for investment research by such an agreement. Nothing in the Service is investment, financial, legal or tax advice, under these terms or any other.

7. Third parties, trademarks and attribution

Fokals is not affiliated with, endorsed by or sponsored by the companies it describes, the vendors whose technologies it recognises, or the sources it reads. Their names and marks are used only to identify the source or subject of information. We grant you no rights in them. Traffic tiers are from the Chrome UX Report (Google), CC BY 4.0; where you show them, keep that attribution with them.

8. Accuracy and availability

The Data depends on what companies and public sources publish, which they can change, limit or withdraw at any time. Scores such as intent scores are our assessments of public signals, not statements of fact about any company's plans, and not forecasts. Labels are assigned by machine-learning models and can be wrong. Pay figures are what employers advertise, not what anyone is paid. Coverage, fields, sources and features may change. We do not guarantee that the Data is complete, accurate, current or available without interruption.

9. Removal requests

If you represent a company described in the Service, or you are a person who believes information about you appears in it, and you want it removed, use the contact form with the information and the reason. We review every request and remove information where the request is valid. A site owner can also stop our crawler at any time; see FokalsBot.

10. Your responsibility and indemnity

You are responsible for how you use the Service and the Data, and for making sure that your use complies with the law and with any terms or rights of third parties that apply to it. You will defend, indemnify and hold harmless Fokals, its owners, officers, employees and contractors from and against any claims, damages, losses, liabilities, costs and expenses, including reasonable legal fees, arising from or relating to (a) your use of the Service or the Data, (b) your breach of these terms, or (c) any use of the Data by you or anyone you give it to that violates any law or the rights of any third party.

11. Disclaimers

THE SERVICE AND THE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT YOUR USE OF THE DATA WILL BE FREE FROM THIRD-PARTY CLAIMS.

12. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, AND OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE AND USD 100. Nothing in these terms limits liability that cannot be limited by law.

13. Fees

Fees are as set out in your order or agreement with us. Unless it says otherwise, they are payable in advance and are not refundable except where the law requires. Fees exclude taxes, which you pay.

14. Suspension and termination

You may stop using the Service at any time. We may suspend or end your access if you breach these terms, if your use creates legal risk for us or others, or if we stop offering the Service. When your access ends, your licence ends: you must stop using the Data and delete any Data you downloaded in bulk within 30 days, except analyses and reports you made for internal use. Sections 5 to 12 and 17 continue after termination.

15. Privacy

How we handle your account details and anything you send us is described in our privacy notice. We do not sell your personal data.

16. Changes to these terms

We may update these terms. We will post the new version here with its effective date and, for material changes, tell account holders by email at least 14 days in advance. Continuing to use the Service after that date means you accept the new terms.

17. Governing law and disputes

These terms are governed by the law of the Province of Quebec and the federal laws of Canada that apply there. The courts of the Province of Quebec, Canada have exclusive jurisdiction over any dispute, except that we may seek urgent relief in any court to protect the Service or the Data.

18. Contact

Vertex Innovation Collective Ltd. For anything about these terms, use the contact form.