Terms of Service

1. Acceptance of Terms

By accessing or using nofait.ai, infiniteaudience.ai, or the platform services of NO FAIT LLC (d/b/a Infinite Audience) ("NO FAIT," "Infinite Audience," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you are accessing or using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, do not access or use the Services.

2. Description of Services

NO FAIT LLC (d/b/a Infinite Audience) provides a MadTech platform and related services, including:

• The Infinite Audience identity graph — a cross-device, cross-channel consumer identity resolution platform linking deterministic and probabilistic identifiers into unified audience profiles
• First-party data onboarding, enrichment, and activation on programmatic advertising platforms (DSPs, ad exchanges, clean rooms)
• AI-driven audience modeling, propensity scoring, and lookalike audience generation
• Programmatic advertising bid optimization, campaign management, and performance analytics
• Measurement, multi-touch attribution, and campaign effectiveness reporting
• Autonomous AI marketing agents for campaign execution and optimization
• Consumer privacy request management infrastructure (Privacy Request Portal)
• AI-driven digital presence optimization and autonomous marketing operations

We may modify, add, or discontinue features of the Services at our discretion. Material changes will be communicated to active clients with reasonable advance notice.

Connected Applications and Remote MCP

You may choose to connect a third-party AI assistant or other application to our API or remote Model Context Protocol (MCP) server. A connection requires your authorization and is limited by the scopes and organization permissions granted to it. Connected applications may request information and invoke tools on your behalf; some tools change platform data, contact outside services, or initiate paid actions. You are responsible for reviewing the application, its requested access, and a tool's effect before authorizing or approving its use.

Tool requests and responses may pass through the application provider and any gateway you choose to use. Their handling of that information is governed by their own terms and privacy practices, in addition to our Privacy Policy. Do not connect an application or send data through it unless you are authorized to do so for your organization. You may revoke an application grant through the available account controls or ask us for assistance; disconnecting it does not remove information it previously received.

3. Eligibility — Business Use Only

The Services are designed for and offered exclusively to businesses, agencies, and professional users. You must be at least 18 years of age to create an account or use the Services. By using the Services, you represent that you are accessing them in a professional or business capacity, not as a consumer for personal, family, or household purposes.

4. Client Data Responsibilities

If you provide personal information about third-party consumers to NO FAIT — through data uploads, pixel deployments, API integrations, or any other means — you represent and warrant that:

• You have lawful rights to use, transfer, and process such data, and you have provided consumers with all required notices and obtained all required consents under applicable law;
• Your data collection and sharing practices comply with all applicable privacy laws, including the CCPA/CPRA, state privacy laws, and applicable federal laws;
• You will promptly notify NO FAIT of any consumer opt-out, deletion, or correction requests that relate to data you have provided to us, so that we may honor those rights;
• You will not submit sensitive personal information (including health or medical data, financial account numbers, Social Security numbers, biometrics, data relating to minors, or information about racial/ethnic origin, sexual orientation, religious beliefs, or political opinions) without executing a separate written Data Processing Agreement (DPA) with NO FAIT;
• You will not use the Services to process data of individuals under 16 years of age for targeted advertising without verifiable parental consent;
• You will not provide data that was unlawfully obtained, acquired through deceptive means, or obtained in violation of the terms of service of any third-party platform.

5. Data Processing and Sub-Processors

For client-provided first-party data, NO FAIT acts as a service provider or processor (as defined under the CCPA/CPRA and similar state laws). We process such data only as directed by you and as necessary to provide the contracted Services. We do not sell or share client first-party data with third parties for purposes outside the scope of the contracted Services.

Sub-processors: We engage the following categories of sub-processors to operate the platform. By using our Services, you authorize our use of these sub-processors:

• Cloud infrastructure: Google Cloud Platform (compute, storage, and database)
• Identity resolution partners: third-party graph and match providers (disclosed upon request)
• Email delivery: Amazon Web Services Simple Email Service (SES) — transactional communications
• Analytics and monitoring: platform performance and usage analytics providers
• Security and fraud prevention: Google reCAPTCHA Enterprise and related services

Clients may request the current list of named sub-processors by emailing legal@nofait.ai.

Breach notification: NO FAIT will notify affected clients within 72 hours of becoming aware of a confirmed security incident that has resulted in unauthorized access to, or disclosure of, personal information you provided to us.

6. Advertising Regulations Compliance

Your use of the Services must comply with all applicable advertising, marketing, and consumer protection laws. You acknowledge and agree that:

• FTC Act: All advertising campaigns and marketing communications conducted through or using our Services must comply with the Federal Trade Commission Act § 5 prohibitions against deceptive and unfair acts or practices, including all applicable FTC guidance on endorsements, disclosures, and substantiation.
• FCRA: Platform outputs, including audience segments, propensity scores, and identity graph data, are not consumer reports and are not intended for use in credit underwriting, insurance eligibility, employment screening, tenant screening, housing determinations, or any other purpose regulated by the Fair Credit Reporting Act (FCRA). You are solely responsible for ensuring FCRA compliance if you use platform data in contexts that implicate the FCRA.
• Sensitive category targeting: You agree not to use the Services to target or suppress individuals based on sensitive characteristics including health or medical conditions, financial distress, religion, political affiliation, race, ethnicity, sexual orientation, immigration status, or other legally protected characteristics. This restriction applies to all targeting methodologies available through the platform.
• TCPA: You are solely responsible for obtaining all required prior express written consent before using platform-generated audience lists for SMS, MMS, or telemarketing calls, as required by the Telephone Consumer Protection Act and applicable state laws.
• CAN-SPAM: All commercial email campaigns using data sourced from or processed through our platform must comply with the CAN-SPAM Act, including required identification, opt-out mechanisms, and physical address disclosures.
• Children's Advertising Review Unit (CARU) and COPPA: You agree not to use the Services to serve advertising to children under 13, or to collect data from children, in violation of the Children's Online Privacy Protection Act or CARU guidelines.

7. AI and Automated Decision Systems

Our platform uses autonomous AI systems to:

• Generate audience models, propensity scores, and identity graph linkages
• Optimize advertising bids, placements, and campaign pacing
• Analyze digital presence and produce predictive marketing outputs
• Automate media planning and execution decisions

You acknowledge that AI outputs may not be error-free and should not replace human judgment for high-stakes decisions. Specifically:

• You may not use AI-generated outputs from our platform as the sole basis for decisions relating to credit, insurance, employment, housing, or any other matter regulated by the FCRA, EEOC, ECOA, or similar laws.
• You are responsible for implementing appropriate human review and oversight for any automated decision-making that may have legal or similarly significant effects on individuals.
• Where required by applicable state law, you must provide consumers with the right to opt out of profiling used in solely automated decisions. NO FAIT's consumer Privacy Request Portal supports this opt-out.

8. Prohibited Uses

You agree not to use the Services to:

• Violate any applicable federal, state, or local law or regulation
• Target, profile, or suppress individuals based on sensitive personal characteristics or protected class status
• Target minors (under 13, or under 16 for advertising purposes) or collect data from minors without verifiable parental consent
• Use platform outputs for FCRA-regulated credit, insurance, employment, housing, or tenant screening decisions
• Circumvent, suppress, or fail to honor consumer opt-out or deletion signals received from consumers or from NO FAIT's privacy request system
• Reverse engineer, decompile, or attempt to extract proprietary algorithms, models, or identity graph data
• Circumvent rate limits, security controls, or access restrictions
• Submit malicious code, scripts, or payloads to any platform interface
• Scrape, harvest, or extract data from the platform beyond what is explicitly permitted by your service agreement
• Use the platform in connection with any deceptive, misleading, or fraudulent advertising or marketing practice

9. Intellectual Property

All content, software, AI models, algorithms, identity graph architecture, branding, and associated intellectual property are owned by NO FAIT LLC or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely in accordance with these Terms and your applicable service agreement. No rights are granted beyond what is expressly stated. You retain ownership of any first-party data you provide to NO FAIT.

10. Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary and non-public information disclosed in connection with these Terms or the Services ("Confidential Information"). Each party will use the other's Confidential Information only as necessary to exercise its rights or fulfill its obligations under these Terms, and will protect it with at least the same degree of care it uses to protect its own confidential information (but no less than reasonable care). This obligation survives termination of the service relationship.

11. Disclaimers

The Services are provided "as is" and "as available" without warranty of any kind. NO FAIT disclaims all express and implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NO FAIT does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. AI-generated outputs are probabilistic and may contain inaccuracies; you are responsible for independent validation before acting on any output.

12. Limitation of Liability

To the maximum extent permitted by applicable law, NO FAIT LLC shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages — including loss of revenue, profits, data, or goodwill — arising out of or related to your use of the Services, even if advised of the possibility of such damages. NO FAIT's total cumulative liability to you for any cause of action shall not exceed the amounts paid by you to NO FAIT in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless NO FAIT LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, penalties, fines, and costs (including reasonable attorneys' fees) arising out of or relating to:

• Your misuse of the Services or violation of these Terms;
• Personal information or other data you submitted to the platform, including any third-party claims arising from that data;
• Your violation of any applicable law or regulation, including privacy, consumer protection, and advertising laws;
• Any claim that your use of AI outputs resulted in a discriminatory, deceptive, or otherwise unlawful outcome;
• Your failure to honor consumer privacy rights relating to data you have provided to us.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Virginia Beach, Virginia. Each party irrevocably submits to the personal jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms at any time by posting revised Terms on our website with a new effective date. Continued use of the Services after the effective date constitutes acceptance of the revised Terms. For material changes, we will provide active clients with at least 30 days' advance notice via email or in-platform notification.

16. Consumer Privacy Rights — Notice to Business Clients

As a business client uploading consumer data to our platform, you acknowledge that the individuals whose information you provide may have rights under applicable state privacy laws, including the right to know, access, delete, correct, or opt out of the sale or sharing of their personal information.

NO FAIT maintains a consumer-facing Privacy Request Portal through which consumers may exercise these rights directly. Where a verified consumer request relates to personal information you have provided to us, we will work with you to honor the request within applicable legal timeframes.

You are responsible for:

• Responding to consumer requests relating to data you hold in your own systems;
• Notifying NO FAIT of consumer opt-outs or deletions that affect data you have provided to us, so we can apply corresponding suppressions or deletions;
• Ensuring your privacy notice discloses that you share data with service providers such as NO FAIT for advertising and audience modeling purposes.

For details on consumer rights, applicable state laws, and our privacy practices, see our full Privacy Policy.