Terms of Service

1. Definitions

• "Supplier" refers to FactBinger TPC, the generator and provider of lead data.
• "Broker" or "Partner" refers to the business entity purchasing leads for resale or direct use.
• "Leads" refers to the data records of potential homeowners or customers (e.g., Solar Leads, Window Leads) supplied by FactBinger.
• "Service" refers to the validation, filtering, scoring, and transmission of Leads to the Broker.

2. Eligibility

Our Services are available strictly for Business-to-Business (B2B) use. By using our Services, you represent and warrant that you are acting as a commercial entity or professional broker and not as an individual consumer. We do not sell data to end-consumers.

3. Description of Services

FactBinger TPC generates, verifies, cleanses, and scores lead data (primarily Solar Leads) and delivers them to approved Brokers.

Exclusivity: Unless explicitly agreed otherwise in a separate contract, specific individual leads are delivered exclusively to one Broker (1:1 delivery) to ensure high value.

Niche Expansion: FactBinger may extend services to other niches (e.g., Windows) upon request. These Terms apply equally to all product categories.

4. No Guarantees of Performance

5. Fees and Payments

Pricing is determined individually based on region, volume, and quality criteria. Specific payment terms, billing cycles, and return policies (if applicable) will be defined in the separate Insertion Order (IO) or Broker Agreement signed between FactBinger and the Broker.

6. Broker Responsibilities

The Broker agrees to:

• Use the Leads in compliance with all applicable laws, including GDPR, TCPA (if applicable in US/Canada), and local telemarketing regulations.
• Treat all Lead data as confidential information.
• Not resell non-exclusive data if exclusivity was purchased.
• Promptly report any technical issues regarding data transmission.

7. Intellectual Property

The content, design, proprietary filtering algorithms, scoring models, and code on this website are the intellectual property of FactBinger TPC. You may not copy, reverse-engineer, or reproduce any part of our systems or brand without prior written consent.

8. Limitation of Liability

To the fullest extent permitted by law, FactBinger TPC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our Leads or Services.

Our total liability for any claim arising out of these Terms shall not exceed the amount paid by the Broker to FactBinger TPC in the three (3) months preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless FactBinger TPC and its affiliates from any claims, liabilities, damages, or costs (including legal fees) arising from your misuse of the Leads, your violation of these Terms, or your violation of any applicable laws (e.g., calling numbers on Do-Not-Call registries).

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from these Terms is Cologne, Germany.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on this page. Your continued use of the Service following such changes constitutes your acceptance of the new Terms.