NewBiz Index — Terms of Service

1. Agreement and Operator

These Terms of Service ("Terms") govern your purchase and use of NewBiz Index's business-filing data products and subscriptions.

NewBiz Index is operated by Ikigai Lifestyle LLC, a California limited liability company ("NewBiz Index," "we," "us," or "our").

By purchasing a product, subscribing, downloading a file, or otherwise using our services, you agree to these Terms. If you are acting on behalf of a business or organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree, do not purchase or use our products.

Our services are intended for legitimate business purposes and are subject to the restrictions below.

2. Service Description and Data Sources

NewBiz Index compiles and distributes data about newly recorded business filings from publicly available government records.

Our current standard coverage includes six California counties: Orange, Los Angeles, Riverside, San Bernardino, Sacramento, and San Diego.

Depending on the applicable filing and available source information, records include:

• Filing date
• Business name
• County
• Owner or entity type
• Business address as recorded
• Mailing address as recorded
• Filing or record number
• Business website, published email address, and published telephone number, where available

Government-record fields are obtained from the relevant public filing sources. Website and email information is included only where the business itself has published that information on its own website. A telephone number is included only where the business itself has published it — on its own website or in its own public filing record.

If NewBiz Index later offers Connecticut data, an email address may instead come from the address that the business itself supplied to the Connecticut state business registry.

We do not represent that every record includes an email address, telephone number, or website.

Enterprise arrangements may provide larger datasets, additional jurisdictions, or multi-state coverage, but only to the extent expressly agreed in writing and subject to data availability. No coverage beyond the six currently listed California counties is included by default.

We may add jurisdictions or products in the future. New coverage does not automatically become part of an existing purchase unless expressly stated.

3. Eligibility and Customer Accounts

You must be at least 18 years old and legally capable of entering into a binding agreement.

You may purchase our products only for your own legitimate business activities or on behalf of a business you are authorized to represent.

You agree to provide accurate purchasing, billing, and contact information and maintain a working email address.

You are responsible for activity conducted under your purchase or subscription, including activity by employees and other persons you authorize to access the data.

You must protect access credentials, download links, and downloaded files against unauthorized use.

You may not share a subscription or allow another person or business to use it as a separate customer.

4. Plans, Pricing, and Founding Offers

NewBiz Index offers the following products and plans:

The One Week Download is a single purchase and does not create a recurring subscription.

County and Regional are monthly subscriptions.

Enterprise pricing, coverage, billing arrangements, subscription duration, and any other customized terms will be set out in a separate written agreement. Enterprise coverage beyond our currently supported jurisdictions is not guaranteed unless specifically agreed.

Founding subscriber pricing

Founding subscription pricing is limited to the first 100 qualifying paid subscribers to the County and Regional plans.

Founder's Circle — Subscribers 1 through 15: These subscribers retain their founding monthly subscription price for life, provided their qualifying subscription remains continuously active, subject to the plan-change rules below.

Charter — Subscribers 16 through 100: These subscribers retain their founding monthly subscription price for 12 months from their initial qualifying subscription purchase. At the end of that period, the subscription moves to the applicable standard price, following any legally required advance notice.

Founding status applies to the qualifying subscription. Cancellation ends the associated price protection. Plan changes may affect the applicable price, and any new price will be disclosed before the change is confirmed.

The $19 price for a One Week Download is its founding price, available during the founding period (the first 100 qualifying subscribers). It is a one-time purchase price: it does not establish founding-subscriber status or lock in future download pricing. The standard price is $25 after the founding period.

Enterprise arrangements do not automatically qualify for the published founding-price guarantees. Any Enterprise price protection must be stated in the applicable written agreement.

All prices are stated in U.S. dollars. Applicable taxes, if any, will be disclosed at checkout.

5. Billing, Renewal, Cancellation, and Refunds

Monthly subscriptions

County and Regional subscriptions renew automatically each month until cancelled.

By purchasing a subscription, you authorize recurring charges to your selected payment method at the price disclosed during checkout, subject to applicable founding-price protection and lawful price changes.

Standard online payments are processed through Stripe.

You can manage payment methods, invoices, and subscription cancellation through Stripe's self-service customer billing portal, accessible using the billing-management instructions or link provided to you.

There is no NewBiz Index customer portal for accessing or downloading data files.

Enterprise billing and renewal terms are governed by the applicable written agreement.

Cancellation

You may cancel a monthly subscription at any time through the Stripe billing portal or request assistance at support@newbizindex.com.

Cancellation prevents future renewal charges. Unless we state otherwise or applicable law requires otherwise, subscription access continues until the end of the paid billing period.

Enterprise cancellation is governed by the applicable written agreement.

Refunds

Fees are non-refundable except where required by applicable law, where NewBiz Index fails to deliver a purchased product or paid subscription delivery, or where a billing error has occurred.

If we fail to deliver a purchased file or scheduled paid delivery and cannot remedy the failure, we will provide an appropriate refund for the undelivered product or portion of the service.

There is no proration or refund for unused time when you voluntarily cancel a subscription during a paid billing period.

Ending a subscription does not eliminate amounts properly owed for earlier billing periods.

6. Weekly Delivery and Download Links

Subscription delivery

Standard subscription files are delivered once weekly, every Monday, by email to the subscriber email address on file.

Each Monday's delivery covers business filings recorded during the preceding calendar week, subject to availability and the reporting practices of the underlying filing sources.

A weekly file may contain few or no records in a particular county. Record volume is not guaranteed.

Enterprise delivery follows the applicable written agreement. Unless different arrangements are expressly agreed, the standard weekly delivery schedule applies.

One Week Download

A One Week Download includes one weekly file for the purchased county and week. The applicable file and delivery timing are identified at purchase.

It does not include automatic future deliveries.

Download expiration and reissue

Download links expire 14 days after they are issued.

You are responsible for downloading files before the applicable links expire.

We may reissue a link following a verified customer request, but reissued links will be sent only to the subscriber or purchaser email address on file. We will not redirect files to another recipient or unverified email address.

If a delivery email does not arrive, contact support@newbizindex.com so we can investigate and, where appropriate, reissue delivery.

Billing management is handled through Stripe for standard subscriptions. Data files are delivered by email, not through a customer download portal.

7. Meaning, Accuracy, and Limitations of Filing Data

A recorded business filing establishes that a business name or other filing was registered or recorded. It does not establish that a business is newly opened, currently open, active, operating, or conducting business at the recorded address.

A filing may concern an existing business, a renewed registration, or another change that does not correspond to the start of business operations.

Addresses are reproduced from filing sources and are not independently verified as current operating locations.

NewBiz Index does not guarantee:

• That a listed business is open or operating
• That its recorded address is a verified operating address
• That its website or contact information remains current
• That an email address or telephone number accepts marketing communications
• That any business will respond to an inquiry or become a customer
• That every eligible filing will be available from a source in time for a particular weekly delivery

Filing data and publicly posted contact information may contain errors, omissions, duplicates, delays, or outdated information.

We do not independently verify the business operations of listed entities.

8. License and Permitted Uses

Subject to payment and compliance with these Terms, NewBiz Index grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the purchased files for your own lawful, internal business prospecting.

Permitted uses include identifying business prospects and marketing your own business services, provided the underlying records, source restrictions, and chosen communication methods permit that activity.

Examples include lawful business-to-business outreach by insurance agents marketing commercial insurance products, bookkeepers and accountants marketing professional services, and local service businesses marketing their own products or services.

Insurance marketing is permitted when lawful. Insurance underwriting or eligibility determinations are not.

Access may be provided to employees of your own organization who need the information for an authorized purpose and are bound by equivalent restrictions.

Confidential hosting or technical processing by a service provider is permitted only to support your authorized internal use, with appropriate confidentiality, security, and no-independent-use obligations.

You may not provide the data to outside marketing agencies, list brokers, consultants, or other businesses for independent use without our prior written authorization.

Enterprise customers are subject to these same restrictions unless a written Enterprise agreement expressly establishes additional permitted uses consistent with applicable law.

No ownership of the underlying public government records is claimed through these Terms. Our license governs access to and use of our compiled, organized, and enriched products.

9. Prohibited Uses and Restricted Sources

You must not:

Redistribution and commercial exploitation

• Resell, redistribute, sublicense, publish, share, or otherwise supply the files or substantial extracts to another business or person.
• Publicly post or make the files accessible through a website, database, API, shared repository, or other public service.
• Operate a competing list, lead-data, data-broker, or data-resale product using our files.
• Use the data on behalf of unaffiliated customers as a separate data product without written authorization.

Consumer data and profiling

• Combine the files with consumer or personal-data databases, purchased personal contact lists, credit information, people-search records, or similar personal information.
• Enrich individual records with third-party consumer information.
• Build profiles, scores, predictions, or inference products about identifiable individuals.
• Use the data to infer a person's financial circumstances, creditworthiness, household characteristics, personal vulnerabilities, or purchasing propensity.

Eligibility decisions

The data may not be used, directly or indirectly, to determine eligibility, suitability, pricing, or risk for:

• Consumer credit or lending
• Employment or hiring
• Tenant screening or housing
• Insurance underwriting or insurance eligibility

These restrictions apply whether or not a particular intended use would otherwise fall within the Fair Credit Reporting Act.

Misleading descriptions

You may not market, characterize, or represent our files or their contents as:

• "Newly opened businesses"
• "Verified operating addresses"
• "Consented leads"

Nor may you use materially equivalent claims that imply verification, current operations, marketing permission, or consent that NewBiz Index has not established.

Restricted government-record sources

You must not use data derived from public-record lists to solicit listed persons or businesses in any jurisdiction where that use is prohibited.

In particular, under Kansas Statutes Annotated §45-230, lists of names and addresses derived from Kansas public records are subject to restrictions on selling, giving, or receiving such lists for the purpose of offering goods or services to listed persons or businesses.

You may not use any Kansas-public-record-derived list supplied through our products, if ever offered, to solicit listed persons or businesses in violation of that law.

Equivalent restrictions in other jurisdictions also apply. Access to a public record does not, by itself, authorize every downstream commercial use.

10. Marketing and Communication Compliance Schedule

A publicly listed email address or telephone number is not permission or consent to contact that person or business.

You are responsible for determining whether your proposed outreach is lawful, including whether consent, identification, notice, registration, or an opt-out mechanism is required.

A. Email marketing — CAN-SPAM

For commercial email, including business-to-business email, you must comply with the federal CAN-SPAM Act and other applicable laws.

This includes using truthful sender information and subject lines, identifying advertising where required, providing a valid postal address and usable opt-out method, and honoring unsubscribe requests within the legally required period.

You must maintain and apply your own suppression lists.

You must also respect applicable source restrictions. If a business's website includes an express notice prohibiting harvesting, transferring, or using its published email addresses for commercial solicitation, you must not use those addresses contrary to that notice and must alert us to the restriction.

B. Calls and text messages — TCPA

You must comply with the Telephone Consumer Protection Act, FCC regulations, and applicable state calling and messaging laws.

You must not make autodialed marketing calls or texts, or artificial-voice or prerecorded marketing calls, unless you possess the consent required for that specific communication and can document it.

A published telephone number alone is not evidence of consent.

You must honor applicable revocations and opt-outs.

C. Do-Not-Call requirements

You must comply with applicable federal and state Do-Not-Call laws, including required registry checks, internal suppression lists, calling-hour limits, and other applicable telemarketing restrictions.

A business listing does not establish an exemption from these rules.

D. Connecticut email requirements

For unsolicited advertising email sent to an email address held by a Connecticut resident, you must comply with Connecticut General Statutes §52-570c, including placing "ADV" at the beginning of the email subject line and providing a valid return email address or toll-free number through which the recipient can unsubscribe or request no further advertising email.

You must honor such requests and refrain from further prohibited messages.

This rule applies to relevant Connecticut recipients even if contact information was obtained from a public business registry.

E. Other jurisdictions and channels

You must comply with any additional state, federal, local, or applicable international requirements governing your outreach.

These Terms do not constitute legal advice or a representation that any particular outreach campaign is lawful.

11. Corrections, Deletions, and Suppression Notices

NewBiz Index may issue notices requiring you to correct, delete, suppress, or stop using particular records or contact details.

These notices may result from information received from listed businesses, public agencies, privacy requests, source restrictions, or legal compliance reviews.

When we send such a notice, you must:

1. Apply the correction, deletion, or suppression within the deadline stated in the notice or, if no deadline is stated, within five business days.
2. Apply it to all affected copies, exports, contact-management systems, and marketing lists under your control.
3. Stop using the affected information for prohibited purposes.
4. Ensure that a subsequently delivered file does not cause a deleted or suppressed record to be reintroduced into active use.
5. Maintain only the minimal suppression information necessary to prevent reintroduction or satisfy a legal obligation.
6. Provide reasonable confirmation of compliance when requested.

You must also independently honor lawful opt-outs and privacy requests received directly by your organization.

Where applicable privacy law governs your receipt or use of personal information, you must provide the required level of privacy protection, use that information only for specified permitted purposes, and cooperate with legally required consumer-rights processes.

You must notify NewBiz Index promptly if you determine that you can no longer comply with applicable privacy requirements or these Terms.

We may stop or remediate unauthorized use of the information, including by suspending further delivery.

12. Data Security, Retention, and Deletion

You must maintain reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of the data.

At minimum, you must:

• Limit access to authorized personnel with a legitimate business need.
• Protect stored files and systems against unauthorized access, disclosure, loss, and alteration.
• Use reasonable access controls, secure storage, and secure transfer methods.
• Avoid unnecessary duplication and retention.
• Require permitted technical service providers to protect the information and prohibit independent use.
• Maintain a process for applying corrections, deletion notices, and suppression requests.

You must notify support@newbizindex.com without unreasonable delay, and no later than 48 hours after discovery, if you become aware of a security incident that compromises data supplied by NewBiz Index.

Retention

You may retain subscription data only for the duration of the active subscription and only as reasonably necessary for an authorized purpose.

When the subscription ends, your license to use that subscription's files ends. You must stop using the files and securely delete downloaded files, copies, extracts, and data imported from them within five business days, subject only to legally required retention and necessary suppression records.

For a One Week Download, you may retain and use the purchased file for an authorized purpose for no longer than 90 days after delivery. You must then securely delete it and its extracts, subject to the same limited exceptions.

Enterprise retention requirements may be further specified in the applicable written agreement.

You must ensure that persons and service providers acting on your behalf comply with these requirements.

You must not preserve usable copies for later reactivation, redistribution, or reuse after the applicable license ends.

13. Compliance Verification and Audit Rights

NewBiz Index may take reasonable steps to verify compliance with these Terms, applicable source restrictions, and relevant privacy or marketing laws.

These steps may include requesting:

• A written compliance certification
• A description of the purposes for which the data is used
• Evidence of relevant security and suppression procedures
• Records reasonably necessary to investigate a specific suspected violation
• Confirmation that particular records were corrected, suppressed, or deleted

We will conduct ordinary compliance reviews on reasonable notice and seek information proportionate to the compliance issue.

Where we reasonably suspect unlawful use, unauthorized redistribution, a security incident, or another material violation, we may request an expedited review.

You agree to cooperate reasonably and provide accurate information.

We may require corrective measures and may suspend delivery or terminate access if necessary to stop or remedy unauthorized use.

We will treat nonpublic information obtained in a compliance review as confidential except where disclosure is legally required or necessary for enforcement of these Terms.

14. Suspension, Termination, and Effect of Termination

We may suspend or terminate access for:

• Nonpayment
• Unauthorized sharing, resale, or redistribution
• Unlawful marketing, screening, profiling, or other prohibited data use
• Failure to follow suppression or correction instructions
• Failure to maintain reasonable data security
• Materially false customer representations
• Refusal to cooperate with a reasonable compliance investigation
• Other material violations of these Terms

Where appropriate, we may provide notice and an opportunity to remedy a violation. We may act immediately where necessary to address suspected unlawful activity, unauthorized distribution, security risk, or legal obligations.

Suspension for your breach does not constitute a failure by us to deliver the contracted service.

Upon termination or expiration, your license ends and the deletion obligations in Section 12 apply.

Provisions concerning prohibited uses, suppression, confidentiality, indemnification, liability, dispute resolution, and other obligations that by their nature should survive will continue to apply as necessary.

15. Subscriber Representations, Regulatory Cooperation, and Indemnification

By purchasing or using our data, you represent and warrant that:

• You are acquiring it for your own legitimate business purposes.
• You will use it only for purposes permitted by these Terms.
• You will comply with applicable privacy, marketing, telemarketing, consumer-protection, and data-use laws.
• You will obtain and preserve any required outreach consent.
• You will not misrepresent the origin, accuracy, consent status, or meaning of the records.
• You will maintain reasonable security and suppression procedures.

You must notify us at support@newbizindex.com within three business days after becoming aware of any regulatory inquiry, investigation, enforcement action, or legal complaint materially concerning your use of NewBiz Index data, unless prohibited by law.

You agree to cooperate reasonably with requests necessary for us to investigate or respond to matters involving data we supplied.

Indemnification: To the extent permitted by law, you agree to defend, indemnify, and hold harmless NewBiz Index, its operator, and their respective personnel from third-party claims, damages, liabilities, penalties, and reasonable legal expenses arising from your unlawful use of the data, breach of these Terms, unauthorized redistribution, security failures, or marketing activities, except to the extent caused by our own wrongful conduct or breach of applicable law.

16. Disclaimers and No Warranties

NewBiz Index supplies compiled public-record data and related business-published contact information for informational and lawful business-prospecting purposes.

To the maximum extent permitted by law, the products are provided "as is" and "as available."

We disclaim warranties of merchantability, fitness for a particular purpose, noninfringement, and other implied warranties to the extent permitted by law.

We do not guarantee completeness, accuracy, timeliness, record volume, deliverability of contact information, business activity, response rates, sales results, or suitability for any particular marketing campaign.

We do not warrant that public filing sources, third-party websites, email infrastructure, or other systems will operate without interruption.

These disclaimers do not limit an express delivery obligation, an applicable refund right, or any warranty that cannot lawfully be disclaimed.

17. Limitation of Liability

To the fullest extent permitted by law, NewBiz Index and its operator will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business opportunities, or lost data, arising from the services or these Terms.

Our total aggregate liability arising out of or relating to these Terms, the products, or the services will not exceed the total fees you actually paid to NewBiz Index during the 12 months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory asserted, except where applicable law prohibits the limitation or exclusion of liability.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

18. Governing Law, Venue, Notices, and General Terms

Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

Any lawsuit arising out of or relating to these Terms or the services must be brought in the state or federal courts located in Orange County, California, and the parties consent to the jurisdiction of those courts, except where applicable law requires otherwise.

Notices

Legal and contractual notices to NewBiz Index must be sent to:

support@newbizindex.com

We may send notices concerning your subscription, data use, compliance requirements, or changes to these Terms to the email address associated with your purchase or subscription.

You are responsible for maintaining a valid email address and monitoring communications sent to it.

Changes to these Terms

We may update these Terms to reflect changes in our services, applicable law, security requirements, or business practices.

Material changes will be communicated through an updated posting and, where required by law, direct notice.

Changes will not retroactively eliminate an accrued refund right or contractual founding-price protection without your agreement or a valid legal basis.

Continued use after legally effective changes constitutes acceptance to the extent permitted by law.

Enterprise agreements

If you enter into a separate written Enterprise agreement with NewBiz Index, that agreement controls over these Terms only to the extent of an express conflict. All other provisions of these Terms remain applicable.

General provisions

If any provision is unenforceable, the remaining provisions remain in effect to the extent legally possible.

Failure to enforce a provision does not waive our right to enforce it later.

You may not transfer or assign your rights under these Terms without our written consent.

These Terms, together with applicable checkout disclosures and any written agreement expressly incorporated into the purchase, constitute the agreement governing your use of the services.

For questions, billing assistance, or compliance notices, contact support@newbizindex.com.