1. Introduction
These Terms of Service ("Terms") govern your access to and use of the Clever DATA platform, website, AI voice onboarding assistant ("Dara" - a proprietary AI assistant that guides clients through the onboarding conversation), audience data services and any related products (together, the "Service"), operated by Clever DATA, an Irish company registered in the Republic of Ireland ("Clever DATA", "we", "us", "our").
1.1 Who we are and what we are not. Clever DATA is a Data as a Service (DaaS) platform. We provide verified audience data and onboarding tools that help marketing departments, digital marketing agencies, sales teams and businesses find, target and reach the right leads so they can grow their business. For the avoidance of doubt: Clever DATA is not:
(i) a marketing agency;
(ii) a digital marketing agency;
(iii) an advertising
agency
(iv) a media buying agency;
(v) nor a creative or campaign-execution
partner.
We do not build, run, manage, optimise or report on advertising campaigns; we do not write ad creative; we do not manage social media accounts; and we do not act as a marketing consultant or campaign strategist on behalf of the Client. Our role is strictly to supply the Client with data and the tools to use that data. What the Client subsequently does with that data is entirely their responsibility (see clause 6).
By accessing the Service, creating an account, completing an onboarding conversation with Dara and/or with a member of our team, or purchasing any audience or related deliverable, you ("Client", "you") agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Definitions
2.1 Audience. A dataset of business or consumer contact records delivered to you by Clever DATA based on criteria captured during onboarding.
2.2 Client Data. Any information you provide to us through the Service, including onboarding answers, account details and communications. All Client Data is received in strictest confidence. Clever DATA will not sell, licence, share, transfer or otherwise disclose your Client Data to any third party, platform, partner, data broker or marketer, and will not use it for any marketing or commercial purpose outside of delivering the Service you have requested. The only exceptions are (a) where you have given us explicit written permission, (b) where disclosure is strictly required to fulfil your specific audience request to a named Data Provider, or (c) where disclosure is required by law or a competent regulator. Your business, your ideas and your customers remain yours alone.
2.3 Data Provider. Any licensed third-party data source whose records are included in an Audience.
2.4 Dara. Clever DATA's proprietary AI voice onboarding assistant, which guides clients through a conversational brief-taking process to build a structured audience profile.
2.5 Deliverable. The Audience file, sample, report or other output provided to you.
2.6 Effective Date. The date you first accept these Terms, whether by account creation, by first use of the Service, or by confirming acceptance in writing.
2.7 GDPR. The General Data Protection Regulation (EU) 2016/679 as applied in the Republic of Ireland.
2.8 Onboarding Team. A member of the Clever DATA team who can conduct onboarding directly with a client where the AI-assisted option is not used or not yet available to that client.
2.9 Calendar Month. A period that begins on the first day of a calendar month and ends on the last day of that same calendar month. All monthly usage limits in these Terms reset on the first day of each calendar month.
2.10 Enrichment. The service of uploading a Client's existing list of contacts to Clever DATA so that additional data fields can be appended from licensed Data Providers to enhance the value of that list.
2.11 Minimum Term. The initial non-cancellable commitment period of three (3) consecutive calendar months from the first successful payment, during which the Client agrees to remain subscribed to the Service at the agreed price.
2.12 Payment Processor. Stripe Payments Europe, Ltd. (a company regulated by the Central Bank of Ireland) or such other payment processor as Clever DATA may nominate from time to time, through which all subscription and one-off payments are processed.
2.13 Stripe Services Agreement (SSA). The master terms of service governing the use of Stripe's payment processing services, published by Stripe at https://stripe.com/ie/legal/ssa and as amended by Stripe from time to time.
3. Eligibility and Account Creation
To use the paid Service you must be at least 18 years old and authorised to bind your business to these Terms. When creating your account you agree to provide accurate and complete information and to keep it current. You are responsible for all activity under your account and for maintaining the confidentiality of your login credentials.
4. Description of the Service
Clever DATA provides an AI-guided audience-building service. Clients describe their ideal customer either to our voice assistant Dara or to a member of our Onboarding Team, whichever option is available to the client, who translates the conversation into an audience brief. Clever DATA then sources matching contact records from its Data Providers and delivers them to the Client, typically within 24 to 72 hours in Google Sheets, Facebook Ads Manager, API, or equivalent format. More integrations are coming soon, including (but not limited to) Instantly, Klaviyo, GoHighLevel, Clay and Resend.
The Service may include additional features such as sample previews, refinements, white-label reporting (for agency partners) and integrations with third-party platforms. Feature availability may change without notice.
5. Acceptable Use
You agree not to use the Service, and not to use any Deliverable, for any of the following:
5.1 Sending unsolicited communications in violation of any applicable law, including but not limited to GDPR, the Irish ePrivacy Regulations, PECR (UK), CAN-SPAM (US), CASL (Canada), or any other country's electronic marketing laws.
5.2 Engaging in illegal activity, fraud, harassment, discrimination or any form of abuse.
5.3 Targeting individuals for scams, misleading offers, predatory lending, or any unsafe or exploitative purpose.
5.4 Attempting to reverse engineer, scrape, republish, resell, sub-licence or redistribute any Audience or part of the underlying database without our prior written consent.
5.5 Circumventing any technical or contractual limitation of the Service.
5.6 Using the Service to train competing AI models or to build a competing dataset.
5.7 Misrepresenting the source of the data to third parties.
We may suspend or terminate your access without notice if we reasonably believe you have breached this clause.
6. Source of Audience Data and Client Responsibility
6.1 Source. Audience data delivered by Clever DATA is sourced from licensed Data Providers operating predominantly in the United States and is therefore United-States-sourced data at point of origin.
6.2 Client responsibility. The Client is solely responsible for ensuring that their use of any Deliverable complies with the laws, regulations and industry codes of every jurisdiction in which they operate or in which the recipients of their communications are located. This includes, without limitation, obtaining any required legal bases, consents, suppressions or opt-outs and maintaining proper records.
6.3 No downstream liability. Once a Deliverable has been supplied, the Client assumes full responsibility for its use. Clever DATA has no visibility into, control over, or liability for the way in which the Client chooses to use the Deliverable, including (but not limited to) the content of any messages sent, the channels used, the frequency of contact, the volume of outreach, or the recipients targeted. Any complaint, claim, fine, reputational damage or loss arising from the Client's use of a Deliverable is the sole responsibility of the Client.
6.4 Indemnity. The Client agrees to indemnify, defend and hold harmless Clever DATA, its directors, employees, partners and Data Providers from any and all claims, damages, losses, regulatory investigations, fines or legal costs arising out of or in connection with the Client's use or misuse of any Deliverable.
7. Pricing, Fees and Payment
7.1 Current pricing. The pricing structure currently in effect for the Service was adopted in November 2025 and applies to all orders placed after that date unless a different price has been specifically agreed in writing.
7.2 Scheduled review and change of price. Pricing is scheduled for formal review in Q4 2026, subject to recommendations approved by the Board of Clever DATA. Any change of price will take effect in line with the following rules:
(a) New contracts. Any order, quote or contract signed on or after the effective date of a price change will immediately be priced at the new rate.
(b) Existing active contracts. Any contract that is already in force at the time of the price change (for example, an ongoing six-month or twelve-month agreement) will continue to be honoured at the originally agreed price for the full remaining term, even if the price changes during that term. The new price will apply only at the point of renewal or new order.
(c) Notice to current clients. Current clients will be given at least thirty (30) days' written notice before any new rate begins to apply to renewals or new orders, delivered by email and/or posted on the Clever DATA website.
(d) Promotions and written commitments. Any promotion, discount or specific price commitment already captured in a written contract, quote or statement of work will be honoured for the period specified in that document, regardless of subsequent price changes.
7.3 Payment terms. Unless otherwise agreed in a written statement of work, fees are invoiced upon order confirmation and payable within fourteen (14) days of the invoice date. Overdue amounts may accrue interest at the statutory rate set under the Late Payment in Commercial Transactions Regulations 2012 (Ireland).
7.4 Taxes. All fees are exclusive of VAT. Irish VAT will be added where applicable. Clients outside the EU are responsible for any local taxes, duties or withholdings.
7.5 Non-refundable. Fees are non-refundable except where required by law or where Clever DATA has failed to deliver an Audience that materially meets the agreed brief and cannot do so after one refinement.
8. Contract Term, Subscription and Payment Failure
8.1 Minimum Term. Every Client subscription begins with a minimum commitment of three (3) consecutive calendar months at the price agreed at the point of sign-up (the "Minimum Term"). This commitment is non-cancellable: by accepting these Terms and making the first payment, the Client binds themselves to pay three full monthly instalments at the agreed price, regardless of actual usage.
8.2 Subscription and automatic billing. All subscriptions are billed monthly through our Payment Processor, Stripe Payments Europe, Ltd. ("Stripe"). By entering payment details at sign-up, the Client authorises Clever DATA to charge the nominated card or bank account the agreed monthly fee on each successive billing date, both during the Minimum Term and for any period thereafter, until such time as the subscription is properly cancelled in accordance with clause 8.6.
8.3 Ongoing subscription after the Minimum Term. At the end of the Minimum Term, the subscription automatically continues on the same monthly rolling basis at the agreed price. The Client may cancel the subscription at any time after the Minimum Term has been completed, by giving written notice in accordance with clause 8.6. No refunds are given for partial months used.
8.4 Failed, cancelled or disputed payments during the Minimum Term. If, at any point during the Minimum Term, a scheduled payment fails, is cancelled by the Client directly with Stripe (for example by cancelling the subscription through their Stripe-linked bank, removing the card, initiating a chargeback, or pausing the payment instruction) without first notifying Clever DATA in writing, the following process will automatically apply:
(a) Immediate notification. As soon as Clever DATA is notified by Stripe of the failed or withdrawn payment, we will send an email to the Client confirming that payment has failed and requesting immediate rectification.
(b) Five-day reminder window. Clever DATA will send further reminder emails on each of the five (5) consecutive days following the initial notification, inviting the Client to update their payment method or resume payment.
(c) Immediate account closure on non-response. If the Client has not restored payment and reconfirmed their subscription in writing by the end of the fifth (5th) reminder day, Clever DATA will immediately and without further notice:
(i) close the Client's account;
(ii) revoke the Client's licence to use any Deliverable previously supplied;
(iii) cease all ongoing Services; and
(iv) record the account as a closed-for-non-payment account on our internal systems.
(d) Outstanding balance. Any amounts still owing under the Minimum Term shall become immediately due and payable. The Client remains liable for all unpaid instalments up to and including the full three-month Minimum Term, and Clever DATA reserves the right to pursue recovery of those amounts through debt collection agencies, Stripe's recovery tools, or legal action in the courts of Ireland, at the Client's cost.
8.5 Failed payments after the Minimum Term. Where a payment fails on a month-to-month subscription after the Minimum Term has been completed, the same five-day reminder process set out in clauses 8.4(a) and 8.4(b) applies, followed by immediate account closure under 8.4(c) if payment is not restored. Because the Minimum Term has been honoured, no further amounts are owed, but the Client's account will be closed and all licences revoked.
8.6 Proper cancellation. To cancel a subscription (either at the end of the Minimum Term or at any point thereafter), the Client must give written notice by email to the Clever DATA contact address at least seven (7) days before the next scheduled billing date. Cancellation takes effect at the end of the current paid month. Cancelling directly through Stripe, through a bank, or through a chargeback shall not constitute proper cancellation and shall trigger the process in clause 8.4.
8.7 Right of re-entry at Clever DATA's sole discretion. Where a Client's account has been closed under clause 8.4 or 8.5, or where a Client has attempted to circumvent the Minimum Term, Clever DATA reserves the absolute and unfettered right to decline that Client's subsequent applications to rejoin the Service, at any time and for any reason. Readmission, if granted at all, may be granted on revised commercial terms (including, without limitation, upfront payment of the full Minimum Term, increased pricing, additional security deposit, or a restricted Service scope), to be determined by Clever DATA at its sole discretion. No Client has any right to readmission.
8.8 Residual income rationale. The Client acknowledges that the Service model of Clever DATA is built around ongoing, residual subscription revenue, and that the Minimum Term and associated protections in this clause 8 are a fundamental part of the commercial bargain between the parties. The Client agrees not to attempt to circumvent clause 8 by any means, including (without limitation) short-term sign-ups intended solely to extract Deliverables, use of multiple related accounts, or use of different payment instruments to avoid identification.
8.9 Stripe's own terms also apply. Clever DATA uses Stripe Payments Europe, Ltd., a payment institution authorised and regulated by the Central Bank of Ireland, as its payment processor. When the Client enters payment details and completes any transaction through the Service, their relationship with Stripe is additionally governed by Stripe's own terms of service, which are published, maintained and enforced directly by Stripe. By accepting these Terms and using our Service, the Client acknowledges and agrees that:
(a) The Stripe Services Agreement applies. The Client's use of Stripe's payment services is governed by the Stripe Services Agreement (SSA), available at https://stripe.com/ie/legal/ssa, and by any additional Stripe terms, policies or notices referenced during the payment flow. The Client is strongly encouraged to read these before completing any payment.
(b) Stripe is a separate party. Stripe is a separate and independent company. Clever DATA is not Stripe's agent and Stripe is not Clever DATA's agent. Stripe's handling of payment data, card data, chargebacks, refunds and disputes is governed by Stripe's own agreements and policies, which prevail over these Terms in respect of those matters.
(c) Card data security. Clever DATA does not collect, store or have direct access to the Client's full card or bank account numbers. All payment card data is tokenised and processed in a PCI-DSS-compliant environment operated by Stripe.
(d) Stripe privacy. The processing of the Client's payment data by Stripe is also subject to Stripe's Privacy Policy, available at https://stripe.com/privacy.
(e) Updates to Stripe's terms. Stripe may amend its own terms from time to time. Such amendments are made by Stripe directly and are not within Clever DATA's control. Continued use of the payment features of the Service constitutes acceptance of Stripe's then-current terms.
(f) Payment disputes. Any dispute relating specifically to Stripe's payment processing (for example, a failed transaction, a chargeback investigation, or the functioning of Stripe's own systems) may need to be raised with Stripe directly and handled under Stripe's own dispute resolution procedures, separate from and in addition to the dispute resolution provisions of these Terms.
9. Delivery and Refinement
We aim to deliver standard Audiences within twenty-four (24) to seventy-two (72) hours of order confirmation. Complex or large Audiences may take up to seventy-two (72) hours, and in exceptional cases slightly longer, in which case we will keep the Client informed. Where the first sample does not adequately match your brief, we will offer one complimentary refinement. Additional refinements may be chargeable.
10. Volume, Audience and Enrichment Limits
Unless a different allowance has been specifically agreed in writing in a statement of work or customised contract, the following monthly usage limits apply to every Clever DATA account. All limits reset at 00:00 UTC on the first day of each Calendar Month.
10.1 Monthly Audience Limit. A maximum of two (2) Audience lists may be built and used per Calendar Month.
10.2 Audience Size Limit. Each individual Audience has a maximum size of 500,000 contacts.
10.3 Monthly Enrichment Uploads. A maximum of two (2) Enrichment upload jobs may be submitted per Calendar Month.
10.4 Enrichment Size Limit. Each individual Enrichment upload has a maximum size of 500,000 contacts.
10.5 Monthly Contact Limit. The total number of contacts exported across all Audiences combined is capped at 500,000 contacts per Calendar Month.
10.6 Exceeding the limits. Where a Client's requirements exceed any of the above limits, Clever DATA may, at its sole discretion, either (a) decline the additional request, (b) offer a custom volume arrangement at bespoke pricing, or (c) require the Client to upgrade to a higher-tier plan. Any allowance not used within a Calendar Month does not carry over into the next Calendar Month.
10.7 Fair use. Clever DATA reserves the right to monitor account usage and to suspend or throttle any account that is using the Service in a manner that, in our reasonable judgement, is abusive, excessive, or inconsistent with the spirit of these limits.
11. Right to Refuse and Choose Clients
11.1 Commercial discretion. Clever DATA reserves the absolute right to accept or decline any prospective Client, any account application, any proposed Audience brief, any Enrichment request, or any ongoing engagement, at its sole and unfettered commercial discretion. This right may be exercised before onboarding begins, at any point during the onboarding conversation, before a Deliverable is produced, or at any stage of an ongoing relationship.
11.2 Grounds. Grounds on which Clever DATA may decline or end a Client relationship include (without limitation): unlawful, unsafe or unethical use cases; industries or activities the Board has decided not to support; conflict with existing contractual commitments; risk to the Clever DATA brand, its staff, its Data Providers or its other Clients; regulatory or reputational concerns; non-payment; and any breach of these Terms. The list is non-exhaustive and no grounds need to be disclosed.
11.3 Non-discrimination. The right to refuse shall always be exercised in accordance with applicable law. Nothing in this clause permits Clever DATA to refuse a Client on the basis of any characteristic protected by the Equal Status Acts 2000-2018 (Ireland), the Employment Equality Acts (as applicable) or equivalent equality legislation in any jurisdiction. Refusal will always be based on legitimate commercial, ethical, legal or risk-based grounds.
11.4 No cause of action. A decision to decline an application, to not progress an onboarding, or to end a relationship under this clause shall not give rise to any claim, liability, compensation, or obligation on the part of Clever DATA, beyond the refund of any amount paid for undelivered Services.
12. Intellectual Property
All rights, title and interest in the Clever DATA brand, website, Dara AI assistant, software, documentation and underlying database remain the exclusive property of Clever DATA and its licensors. Nothing in these Terms transfers ownership to the Client. The Client receives a limited, non-exclusive, non-transferable, non-sublicensable licence to use each Deliverable for the Client's own internal marketing, sales and CRM purposes only. This licence is automatically and immediately revoked if the Client's account is closed under clause 8.4 or 8.5.
13. Confidentiality
Each party agrees to treat as confidential any non-public information disclosed by the other, including pricing, business strategy, Audiences, source documentation and AI interactions. Confidential information may only be disclosed to employees and contractors with a strict need to know and must be protected using at least reasonable standards of care.
14. Data Protection and GDPR Compliance
14.1 Clever DATA's role. Clever DATA is the data controller in respect of Client Data (account information, Dara onboarding answers, Onboarding Team notes, contact submissions). We comply with the GDPR, the Irish Data Protection Act 2018 and our Privacy Policy.
14.2 Audience data. Records within an Audience are sourced from licensed Data Providers and originate predominantly in the United States. Where EU or UK personal data is included, our Data Providers contractually warrant that appropriate legal bases and safeguards (including Standard Contractual Clauses where relevant) are in place.
14.3 Your obligations. Once a Deliverable is transferred to you, you become the data controller for that data in relation to your own processing activities. You are responsible for lawful basis, suppression lists, transparency to data subjects, security, retention limits, and honouring any data subject rights requests directed to you.
14.4 Your rights. In respect of your own Client Data, you have the usual GDPR rights: access, rectification, erasure, restriction, portability, and the right to lodge a complaint with the Irish Data Protection Commission (dataprotection.ie).
14.5 Payment data and Stripe. Payment card data is processed by Stripe in its capacity as an independent data controller and/or processor, in accordance with Stripe's Privacy Policy at https://stripe.com/privacy. Clever DATA does not itself store full card numbers or CVV codes.
15. Service Warranties and Disclaimers
We warrant that the Service will be provided with reasonable skill and care. To the fullest extent permitted by law, all other warranties - whether express, implied, statutory or otherwise - are excluded. We do not warrant that the Service will be uninterrupted or error-free, nor do we guarantee any specific conversion rate, response rate, campaign outcome or return on investment from any Audience.
16. Limitation of Liability
16.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be limited by Irish law.
16.2 Subject to clause 16.1, Clever DATA's total aggregate liability to the Client arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees actually paid by the Client to Clever DATA in the twelve (12) months preceding the event giving rise to the claim.
16.3 In no event shall Clever DATA be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profit, revenue, business, goodwill, anticipated savings, data or reputation, however arising.
16.4 For the avoidance of doubt, Clever DATA shall not be liable for any regulatory action, fine, complaint or third-party claim arising from the Client's use of any Deliverable. See clause 6.
16.5 Clever DATA is not liable for any act, omission, outage, failure, error or delay of Stripe or any other third-party payment processor. Any remedy in respect of such matters lies directly between the Client and Stripe under the Stripe Services Agreement.
17. Suspension and Termination
17.1 By you. You may close your account at any time by contacting us in writing in accordance with clause 8.6, subject always to completion of the Minimum Term and payment of any outstanding fees. Termination does not relieve you of any unpaid fees or of continuing obligations that by their nature survive termination (including clauses 6, 8, 11, 12, 13, 14, 16, 17 and 20).
17.2 By us. We may suspend or terminate your account at any time, with or without notice, for any material breach of these Terms, for non-payment under clause 8, for misuse of Deliverables, or where continued service would expose Clever DATA or its Data Providers to legal, regulatory or reputational risk.
18. Changes to the Terms
We may amend these Terms from time to time. Material changes will be posted on the Clever DATA website with an updated effective date and version number and, where practical, notified to active Clients by email. Continued use of the Service after the effective date constitutes acceptance of the amended Terms.
19. Force Majeure
Neither party shall be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, epidemic, government action, internet or power outages, or failure of third-party service providers (including Stripe).
20. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Republic of Ireland. The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any such dispute. For the avoidance of doubt, matters specifically falling under the Stripe Services Agreement shall be governed by the jurisdiction and governing-law provisions set out in that agreement.
21. Entire Agreement
These Terms, together with our Privacy Policy, the Stripe Services Agreement (in respect of payment matters), and any written order form or statement of work signed by both parties, constitute the entire agreement between you and Clever DATA and supersede all prior agreements, discussions or representations relating to the subject matter.
22. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
23. Contact and Company Details
Clever DATA
An Irish company registered in the Republic of Ireland
Website: cleverdata.ie
Contact: cleverdata.ie/contact
These Terms are provided in English. In the event of any discrepancy with any translated version, the English text shall prevail.