1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to the binary CS.xyz website (bcs-xyz.xyz) and any sample files, targeted lead lists, data enrichment, or list hygiene services provided by Binary Cloud Services LLC, a Florida limited liability company ("Company," "we," or "us"). By accessing the site or requesting data services, you agree to these Terms.
2. Permitted Commercial Use & License Scope
Unless otherwise specified in a written order, all data lists and enrichment outputs are licensed on a non-exclusive, non-transferable basis solely for the Client's own internal B2B or direct-to-consumer marketing, prospecting, and CRM hygiene. Client shall not resell, syndicate, publish, or redistribute raw files to third parties without an authorized Agency/Reseller addendum.
3. Strict FCRA Prohibition
Binary Cloud Services LLC is NOT a Consumer Reporting Agency ("CRA") as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). Client expressly agrees that it will not use any data provided by Company, in whole or in part, as a factor in establishing an individual's eligibility for:
- Credit, loans, or mortgage financing;
- Insurance underwriting or pricing;
- Employment, promotion, reassignment, or retention;
- Tenant or residential screening; or
- Any other purpose regulated under section 604 of the FCRA (15 U.S.C. § 1681b).
4. Client Outreach & Regulatory Compliance
While Company scrubs files against applicable suppression tables at the time of delivery, Client serves as the initiator/sender of its own marketing campaigns and is solely responsible for ensuring its outreach complies with all applicable federal and state laws, including:
- TCPA & TSR: Obtaining independent prior express written consent before placing automated, prerecorded, or SMS marketing calls/texts to wireless numbers, and honoring internal and National Do Not Call requests.
- CAN-SPAM Act: Including accurate header information, a valid physical postal address, and a clear, working unsubscribe link in all commercial emails.
- State Privacy Laws: Honoring consumer opt-out or deletion requests received directly from recipients.
5. Disclaimers & Limitation of Liability
Contact records, property attributes, and firmographic data are compiled from public and commercial sources that change continuously. Services are provided "AS IS" without warranty of 100% accuracy or specific campaign conversion results. To the maximum extent permitted by California law, Company's aggregate liability under any order shall not exceed the fees paid by Client for the specific file giving rise to the claim.
6. Governing Law & Venue
These Terms are governed by the laws of the State of California without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in San Francisco County, California.
7. Contact
Binary Cloud Services LLC (d/b/a binary CS.xyz)
595 Pacific Ave, 4th Floor, San Francisco, CA 94133
Email: info@bcs-xyz.xyz · Phone: (689) 225-0402