Contractor Pro Agreement – TODAY Compliant

TODAYcompliant Contractor Pro Agreement

TODAYCOMPLIANT PRO AGREEMENT

Last Updated July 18, 2026

Welcome to TODAYcompliant! We’re excited to help you grow your business! When you use TODAYcompliant, you enter into this legal agreement. We have made an effort to make this agreement as clear and concise as possible, but have highlighted a few of the key provisions at the forefront of the agreement.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

FREQUENTLY ASKED QUESTIONS of TODAYcompliant.com

Do you warrant or guarantee your service?
No, we do not make any warranties about our services, including how many leads you will receive or how many jobs you will win.
What does it mean that I need to indemnify you?
If someone sues us because of something you did, you’re responsible for it, so please read Section VI carefully.
What is arbitration, and what does it mean to waive my class action rights?
In the unlikely event we have a dispute we cannot resolve informally, a third-party arbitrator will help us resolve it. This means that any dispute will be resolved outside of court and you will not be able to bring a class-action lawsuit. Please read Section VII carefully for details on how it works.
Will I have to pay for the lead if I do not win the job?
NO. WE do NOT sell leads. All potential jobs are on the LeadBoard™, even if you do not win the job. LeadBoardtm) jobs are not guaranteed jobs. We have competition limits on our service requests. A customer may also choose not to hire you for a job.
What is an ETF?
An ETF is an Early Termination Fee, which, if applicable, will be set forth in the Contract you sign during your onboarding with TODAYcompliant (“Contract”). If you terminate your Agreement before the end of the Agreement’s term and your Agreement includes an ETF, you will be subject to an ETF, which covers the administrative costs of your onboarding and early termination. The terms of any ETF are provided and agreed to in the Contract.
How do I cancel my account?
You may cancel your account by contacting Customer Care at support@todaycompliant.com, and, where applicable, paying the ETF.

PRO AGREEMENT

This Pro Agreement (“Agreement”) is between you and TODAYcompliant, Inc.

This Agreement incorporates by reference any contract you signed during your onboarding with TODAYcompliant in which you selected the details of your advertising relationship (e.g., your categories/tasks, geography, etc.). To the extent there is any conflict between that contract (“Contract”) and this Agreement, the terms of the Contract will govern.

Who’s Who

In this Agreement, TODAYcompliant, Inc. will be referred to as “we” or “us” or “TODAYcompliant” as appropriate. You, acting on your behalf and/or on behalf of your subsidiaries, each a pro who has joined the TODAYcompliant network, and all of your d/b/a’s, affiliates, agents, employees, representatives and subcontractors, will be referred to as “you,” or “Approved Pro.” Other pros who may or may not have joined our network as Approved Pros are referred to in this Agreement as “non-approved pros.” Together, Approved Pros and non-approved pros are referred to as “Pros.” Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to non-approved pros also apply to and bind you. References herein to the TODAYcompliant “Website” include any and all websites or mobile applications now, or hereafter, owned or operated by TODAYcompliant.

What We Offer All Approved Pros

TODAYcompliant puts your business on a platform which homeowners and others visit to explore home improvement, commercial and industrial services. TODAYcompliant connects contractors who meet certain eligibility requirements determined by TODAYcompliant and join the TODAYcompliant network (“Approved Pros”) with consumers who have expressed an interest in improvement services (“Clients”). Approved Pros choose the service categories and locations in which they wish to be presented to Clients. TODAYcompliant helps make these connections in a variety of ways, including:
Leaderboard™. TODAYcompliant receives requests from Clients expressing interest in certain services relating to improvements, repairs, maintenance and other types of tasks and projects (“Service Requests”). These Service Requests are submitted directly to TODAYcompliant by Clients via the TODAYcompliant website, todaycompliant.com, or possibly telephone calls, third-party websites or other means. In turn, TODAYcompliant may send you a communication about a Client’s Service Request that contains information about what service has been requested and the Client’s contact information, and/or may facilitate a communication between you and the Homeowner (the “Leadboard™”).
Leadboard™ postings are not guaranteed jobs – TODAYcompliant does not provide or guarantee jobs. For Leads, we will provide a means of communication between you and the Client.
Controlling Your Lead Flow – If you do not visit your Leadboard™, you may not receive the full benefit of the Leadboard™.
WE DO NOT SELL LEADS on a pay-per-Lead basis or as part of a package.
During the sales and onboarding processes, Approved Pros may receive guidance about the number of Leads they may see during their relationship with TODAYcompliant (“Guidance”). Guidance is an estimate only and is not guaranteed. Lead volume can be impacted by factors outside of TODAYcompliant’s, or even the Approved Pros’, control, including without limitation, seasonality and home/commercial/industrial improvement market trends.
You expressly agree that a failure to receive the number of Leads suggested by the given Guidance shall not be considered a breach of this Agreement on the part of TODAYcompliant. Further, you expressly agree that a failure to receive the number of Leads suggested by the given Guidance shall not provide an exemption for payment of any fees or, in the event you terminate the Agreement, exemption for payment of any early termination fee.
Profiles
Displaying Profiles In or Outside of the TODAYcompliant Directory – TODAYcompliant may display the profiles of Approved Pros (or links to those profiles) in various areas on the platforms of TODAYcompliant or any of its affiliates, including on the TODAYcompliant Directory (see below), in locations on TODAYcompliant’s platform where Homeowners submit service requests, or on web pages outside of the TODAYcompliant platform.
Enhanced Profiles – Approved Pros may be provided with a public profile that can be used to market your business and gain exposure through the TODAYcompliant platform. Approved Pros may have the opportunity to configure and enhance their profiles with additional features beyond the options provided to non-TODAYcompliant-approved pros who do not advertise with TODAYcompliant.
Badging and Other Enhanced Designations – From time to time, Approved Pros may be provided with certain badging or designations that can be displayed on their profiles, to be determined by TODAYcompliant in its sole discretion (e.g., “TODAYcompliant Approved,” “Approved Business,” etc.).
TODAYcompliant Directory
Presence in the TODAYcompliant Directory – You may receive a profile page on our sites that will provide information to prospective Clients about the services you provide and the quality of your work.
Sorting in the TODAYcompliant Directory – Only approved Pros are on our site directory.
Directory Search – In an effort to continuously improve the quality of the connections between Clients and Pros, TODAYcompliant may change the way search results work in the TODAYcompliant Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Clients, and how Clients get to the TODAYcompliant Directory.
Payment. Approved Pros will pay for access to the Leadboard™ as part of a subscription. You authorize TODAYcompliant to charge you for any Sales Taxes or similar taxes that may be imposed on your fees owed to TODAYcompliant. All amounts payable under your Contract are exclusive of any applicable sales, use, value-added, or similar taxes (collectively, “Sales Taxes”). Approved Pros shall be responsible for, and shall pay or reimburse TODAYcompliant for, all Sales Taxes imposed in connection with the transactions contemplated under this Agreement.
Subscription. Approved Pros may make an automatically renewing, fixed term commitment (“Subscription”) and by doing so earn a discount where offered. The length of the term will be set forth in the Approved Pro’s Contract.
TODAYcompliant may increase the Subscription Fee up to ten percent (10%) more than the price you paid during the previous term for the Subscription. You may prevent the Agreement from automatically renewing by providing notice to TODAYcompliant before the beginning of a new renewal term.
If the Approved Pro terminates their Subscription before the end of the term set forth in the Contract, the Approved Pro may be subject to an Early Termination Fee (“ETF”) which covers the administrative costs of onboarding and early termination. The existence and the terms of any ETF will be disclosed and agreed to in the Approved Pro’s Contract.
Pay-Per-Lead. WE DO NOT SELL LEADS. We sell access to a Leadboard™ that can have many leads on it.
What You Agree – You agree to all the terms and conditions of this Agreement and represent, on behalf of yourself, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become an Approved Pro, and thereafter while this Agreement remains in effect, as follows:
Age of Majority – You are at least 18 years old and can form legally binding contracts under applicable law.
Skill Qualification – You are qualified and capable of performing the services, trade, or tasks you selected during enrollment or subsequent updates to your account, related to services provided, and will provide proof of such upon demand in the form of licenses, certifications, identification documents, or be willing to take and pass skill tests.
Licensing – For the entire period during which you are an Approved Pro, you will maintain, and keep up to date, any and all national, state, and local licensing applicable to the work you agree to perform for Homeowners. You shall provide evidence of such licensing promptly upon request by TODAYcompliant, be willing to take skill tests as required by TODAYcompliant, and will notify TODAYcompliant promptly of any change in your licensing status.
Bonding and Insurance – For the entire period you are an Approved Pro, you will be appropriately bonded and insured at levels required by applicable law or applicable industry standard. You shall provide evidence of such bonding and insurance promptly upon request by TODAYcompliant and notify TODAYcompliant promptly of any change in your bonding or insurance status.
Background Check Authorization and Disclosure:
AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize TODAYcompliant to provide your home mailing address, social security number, date of birth (“Personal Information”) and any other information you provide to us to a third-party information collection service entity selected by TODAYcompliant, at any time while your company is in TODAYcompliant’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of TODAYcompliant’s evaluating its desire to enter into or continue a contractual business arrangement with you. TODAYcompliant will share this Personal Information only with third parties designated to carry out any background and identity verification checks, and with TODAYcompliant’s affiliates.
DISCLOSURE: TODAYcompliant hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with TODAYcompliant, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
Disclosure of Criminal Record – If at any time during your membership with TODAYcompliant you, any predecessor entities of your company, any other majority shareholders, partners or members of your company, should have a felony conviction entered against such party, you will promptly notify TODAYcompliant. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize TODAYcompliant to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
No Illegal Acts – You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with TODAYcompliant, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party and in communicating with any Homeowner. You represent and warrant that you will comply with all applicable Federal, State, Provincial, local and other laws and regulations, including but not limited to the requirements of the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”), the Telephone Consumer Protection Act of 1991, its implementing regulations, amendments, and any interpretive orders (collectively, “TCPA”), the Telemarketing Sales Rule (“TSR”), and/or state calling statutes and regulations (“Do-Not-Call laws”), with respect to engaging with any Homeowners.
No Impairment – You represent and warrant that neither you, your employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled substances while performing any services for a Client pursuant to this Agreement.
Trademarks, Content, Licensing, and Display of Profile Information
Use of Your Intellectual Property. While this Agreement remains in effect, you hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our platform, for use and posting on our platform and for use in marketing materials to be presented to Homeowners or prospective pros in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing.
Restrictions or Limitations. While this Agreement remains in effect, If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use.
Content You Post. TODAYcompliant reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the TODAYcompliant platform or your company profile (“Content”). By posting or providing any Content on the TODAYcompliant platform, including but not limited to photographs, you represent and warrant to TODAYcompliant that you own or have all necessary rights to use the Content, and grant to TODAYcompliant the rights granted below. The foregoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your TODAYcompliant account is terminated, or if you remove any Content from your TODAYcompliant account, TODAYcompliant and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release a covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Comments and Testimonials. If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our platform or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing.
Platform Ownership. You acknowledge and agree that all of the content and information posted on the TODAYcompliant platform, including but not limited to profiles, screening information, and customer ratings and reviews (excluding any of your logos or trademarked materials, or other intellectual property owned and provided by you), is the sole and exclusive property of TODAYcompliant. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any customer ratings and reviews (including those relating to you and your business) that were originally published on the TODAYcompliant platform, or any other content posted on the TODAYcompliant Website, other than content provided directly by you. You represent and warrant that all of the information you provide to TODAYcompliant, including any and all information you include on your profile page, is true and accurate. You acknowledge and agree that TODAYcompliant has the right, in its sole discretion, to contact Homeowners about services you provide to gain their feedback and rating of you, and to display such customer ratings and reviews on our platform. TODAYcompliant is not responsible or liable to you for any comments, ratings or communications of any kind from Clients that we choose to post on our platform.
Display/Modification Rights. Even after your advertising relationship with TODAYcompliant has ended, you grant TODAYcompliant a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to display and maintain this information on its platforms on various advertising channels, as long as TODAYcompliant makes clear that that you are no longer part of the TODAYcompliant network. However, upon your written request, TODAYcompliant will remove this information in a timely manner. You hereby grant TODAYcompliant and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the TODAYcompliant platform, and on any other platforms owned or operated by TODAYcompliant. Nothing in this Agreement shall restrict other legal rights TODAYcompliant may have to the Content, for example under other licenses.
You expressly authorize TODAYcompliant to share your personal information (including without limitation the company’s name, address, licensing status, screening information, Homeowner reviews and rating, names and contact information of individuals affiliated with the company, and details regarding your advertising relationship with TODAYcompliant) with [TODAYcompliant’s affiliates].
Client Complaints – Initially, you should attempt to resolve any disputes between you and a Client. You agree to cooperate with us if we attempt to facilitate the resolution of any unresolved complaints between you and the clients with whom you have been connected via TODAYcompliant; however we are not liable to you or any Client if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a Client by TODAYcompliant in connection with a dispute between you and a Client, or based upon your performance of or failure to perform services for a Client, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys’ fees incurred by TODAYcompliant in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
No Passing Leadboard™ Fees to Client – You agree not to ask a Client to pay for any of your Lead fees.
No Selling Client Information – YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A TODAYCOMPLIANT LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO TODAYCOMPLIANT AND OTHER PROS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF TODAYCOMPLIANT. THERE ALSO MAY BE STATUTORY AND REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CUSTOMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL LAWS, THE TCPA, TELEMARKETING REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A LEAD (OR THE INFORMATION CONTAINED THEREIN) OR OTHERWISE COMMUNICATE WITH A CUSTOMER OR LEAD OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO TODAYCOMPLIANT, AS SET FORTH IN SECTION VI BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
Use of Subcontractors – You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to Clients you learn of via a connection you received from TODAYcompliant. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of this Agreement.
Consent for Contact
By becoming an Approved Pro on TODAYcompliant, and/or by inquiring about participation in the TODAYcompliant network or other TODAYcompliant products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone (e.g. calls, text messages), fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, and even if you have previously opted-out from receiving marketing emails, phone calls, or text messages from TODAYcompliant, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, your inquiry, or for other purposes reasonably related to our business, including marketing related communications. You agree and acknowledge that TODAYcompliant and its affiliates may use automated phone technology (including autodialed and/or artificial or prerecorded messages) to provide you with communications concerning your account or use of the Services, Leads and related information, updates concerning new and existing features on the TODAYcompliant website, communications concerning promotions run by us, and news concerning TODAYcompliant and industry developments, and that your consent is not required to purchase products or services. You represent that you are the current subscriber and/or owner of any telephone number that you provide to us and/or list in the TODAYcompliant Directory. You represent that you have received, and are authorized to convey to us, the consent of any other authorized users on your account to be contacted by us as described in this Section. You also represent that any phone number you provide to us and/or list in the TODAYcompliant Directory is a business phone number used for business purposes and shall not be treated or classified as a residential phone number for purposes of any federal, state, or provincial calling laws or regulations, including but not limited to the National and any state Do Not Call (“DNC”) registry. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by updating the contact information in your account. You agree that all consents provided in this Section will survive cancellation of your account, except if you expressly opt-out by contacting TODAYcompliant post account cancellation.
You agree that TODAYcompliant may send you one-time and recurring text messages with instructions on setting up your account, providing notifications regarding account activity, lead information, and special offers. For questions, Text HELP for more help, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving automated calls and/or text (SMS) messages from TODAYcompliant (including informational or transactional calls/texts) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving automated calls/texts may impact your use of the Services. When opting out of text messages, you agree to accept a final message confirming your opt-out; this message may also seek clarification as to the scope of your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls and/or texts. Please allow up to ten (10) business days (unless otherwise required by applicable law) to process any opt-out request. Please note that even if you opt out of automated calls and/or texts, we reserve the right to make non-automated calls and/or texts to you. You agree to indemnify us, our agents, affiliates, and independent contractors for any privacy, tort or other claims, including claims under the federal Telephone Consumer Protection Act (“TCPA”) or any state law equivalents, relating to your unauthorized provision of a telephone number and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims. Your indemnity obligations under this Section will survive expiration or termination of this Agreement.
TODAYcompliant’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow TODAYcompliant and Homeowners to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
TODAYcompliant Financing Inquiries – You represent and warrant that to the extent that a Client is interested in any financing options through TODAYcompliant or TODAYcompliant’s financing partners, you will not attempt to apply for any financing on the Client’s behalf through TODAYcompliant financing.
Account Disputes – Any disputes about charges to your account must be submitted to TODAYcompliant in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
Current Contact and Billing Information – You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your TODAYcompliant profile, and all contact and billing information, are kept up-to-date and accurate. TODAYcompliant is not responsible, or liable, for undelivered Homeowner notifications. You agree to promptly notify TODAYcompliant if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
Technology Restrictions – You agree not to copy/collect TODAYcompliant content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). If you integrate your CRM with TODAYcompliant’s platform to receive your Leads directly in your CRM, you are bound by the provisions set forth in the CRM Integration Agreement, which is set forth as an Addendum to this Agreement.
Legal Organization and Good Standing. You represent and warrant that you, and any of your subsidiaries, DBAs, trade names, or assumed business names for which an account is established under this Agreement, are wholly owned, duly incorporated or organized, validly existing, and in good standing under the laws of the jurisdiction of their incorporation or organization. You further represent and warrant that: (1) You shall maintain your active status and remain in good standing with the Secretary of State (or equivalent regulatory body) in your state of incorporation or organization throughout the term of this Agreement; (2) You own and/or are legally authorized to use any assumed business names, trade names, or DBAs in every state or jurisdiction in which you operate or conduct business, and shall maintain all required registrations, filings, and renewals for any assumed business names, trade names, or DBAs; and (3) You are, and will remain, in compliance with all applicable local, state, and federal laws regarding corporate registration and the lawful use of trade names.

AUTOMATIC RENEWAL OF SUBSCRIPTION

After your initial subscription term, and again after any subsequent subscription term, your subscription will automatically continue for either an additional equivalent term or a different term communicated to you at the time of subscription purchase (each a “Renewal Term”), at the renewal price communicated to you at the time you purchased your initial subscription (“Renewal Price”), unless TODAYcompliant provides you with notice of a change in your Renewal Price, you have changed elements of your contract that would impact the Renewal Price, or you notified TODAYcompliant prior to the renewal date that you do not wish to renew. You agree that your account will be subject to this automatic renewal feature.
If you want to change or terminate your subscription, you may do so by contacting TODAYcompliant Customer Care by email: support@todaycompliant.com, although you may be subject to an Early Termination Fee if set forth in your Contract. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won’t be eligible for any refund of any portion of the subscription fee paid for the then-current subscription term.
By subscribing, you authorize TODAYcompliant to charge your provided payment method for your subscription term and for any renewal terms. You also authorize TODAYcompliant to charge you for any sales taxes or similar taxes that may be imposed on your fees due to TODAYcompliant. Upon the renewal of your subscription, if TODAYcompliant does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that TODAYcompliant may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the TODAYcompliant services automatically renews in the same manner as set forth above under the section titled “Automatic Renewal”, provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
Discounts. When you purchase certain products, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
Annual Fees. This Section IV also applies to the automatic renewal of any membership fee, where applicable.
Confidentiality – You agree that TODAYcompliant’s pricing, Client information, and other non-public information, (collectively, the “Confidential Information”), shall be held in strict confidence, for the mutual benefit of you and TODAYcompliant, and that, except as necessary in the sale of the goods or performance of the services, you shall not disclose any Confidential Information without the prior written consent of TODAYcompliant. You are strictly prohibited from selling, sharing, or transferring any of TODAYcompliant’s Confidential Information, including, in particular, member or Client lists. Notwithstanding the foregoing, you may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
Indemnification; Limitation of Liability; Disclaimer of Warranties.
Indemnification – You shall fully protect, indemnify and defend TODAYcompliant and all of its managers, officers, directors, shareholders, parents and subsidiaries, suppliers, partners, employees, agents, affiliates, and each of their successors and assignees (“Indemnified Parties”) and hold each of them harmless from and against any and all third-party claims (whether actual or threatened), demands, lawsuits, proceedings, liens, damages, causes of action, judgments, settlements, awards, penalties, fines, costs, expenses, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, telemarketing, and violation of any state, provincial or federal laws or regulations, property damage, attorneys’ fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any Clients, (ii) your advertising, (iii) your use of or communications with Leads and any communications in violation of the TCPA, the TSR, or any equivalent federal, state, or provincial laws, statutes, or regulations, or (iv) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a Client even if TODAYcompliant has not matched you for such services, and in connection with your use of the TODAYcompliant Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF TODAYCOMPLIANT OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY TODAYCOMPLIANT OR THE INDEMNIFIED PARTIES.
Limitation of Liability – IN NO EVENT ARE WE LIABLE TO YOU FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF TODAYCOMPLIANT TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO TODAYCOMPLIANT DURING THE PRECEDING 6 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
Disclaimer of Warranties – YOU UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, TODAYCOMPLIANT DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitations Period for Claims – Any claim which you have or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or TODAYcompliant’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement, or if the claim relates to a charge, one hundred twenty (120) days after you are billed for such charge. Any claim not so made shall be deemed waived by you.

AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW

Informal Negotiations – To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and TODAYcompliant, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and TODAYcompliant may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to TODAYcompliant. TODAYcompliant’s address for such notices is: Attn: Legal Department, 2227 IL-157, Edwardsville, IL 62025.
Arbitration – If a Dispute is not resolved through Informal Negotiations, you and TODAYcompliant agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the JAMS ADR Rules (the “JAMS Rules”) of JAMS, which are available at the JAMS website (www.jamsadr.com). Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Rules (and, where appropriate, limited by the JAMS Rules). If you are unable to pay such costs, TODAYcompliant will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Subsection (d) below.
Excluded Disputes – You and TODAYcompliant agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION – To the fullest extent permitted by applicable law, You and TODAYcompliant agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
Severability – You and TODAYcompliant agree that if any portion of this Section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

Additional Terms No Guarantees; Competition; Your Contracts with Consumers; and Filtering

No Guarantees – We do not make any guarantees, representations or warranties regarding the source, accuracy, validity, or quality of any Homeowner information provided to you, a Client’s level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided to TODAYcompliant, that any Clients will hire you to perform services, or that you will successfully contact each Client. Nor do we guarantee to provide you any specific number of connections with Clients.
Competition – Although we limit the number of Pros that are presented to a Client, you may be competing against other TODAYcompliant Approved Pros or non-approved pros not in our system, or TODAYcompliant affiliates and its affiliates’ pros, for a job. TODAYcompliant is free to contract with other Pros as this is not an exclusive contract.
Contracts with Clients – We are not involved in, nor do we have any responsibility for your contracts with Clients or any payments to you or any disputes they may have with you or you may have with them.
Request Filtering – Although TODAYcompliant runs Client request information through proprietary filtering processes to try to filter out potentially faulty requests, TODAYcompliant cannot and does not review each request individually, and therefore does not guarantee the source, accuracy, validity, or quality of Client information. We may also send your contact information to the Client. The information we provide about you will be based on the information you submit during your onboarding (which you may amend from time to time) and customer ratings and reviews, and may be amended by TODAYcompliant from time to time.
Modifications to Agreement or Fees – From time to time, we may update this Agreement or any fees with prior notice to you via email, text, the TODAYcompliant for Pros app, or other reasonable means. Updated versions of the Agreement will be posted on the TODAYcompliant website or elsewhere upon notification to you. By continuing to use any TODAYcompliant services after receiving any such notice, you are agreeing to the updated Agreement.

Termination of Agreement

You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any leads or services delivered to you prior to us receiving your termination during normal business hours. You may be responsible for an Early Termination Fee if set forth in your Contract.
TODAYcompliant, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your participation in the TODAYcompliant network immediately at any time for any reason or no reason at all.
Upon termination or expiration of this Agreement, all rights and obligations of the parties shall cease, except for those rights and obligations that by their nature or express terms are intended to survive termination or expiration, including but not limited to confidentiality obligations, payment obligations accrued prior to termination, limitation of liability, indemnification, and any provisions expressly stated to survive. These surviving obligations shall remain in full force and effect in accordance with their terms. Additionally, any Homeowner connections provided to you during the term of this Agreement and relationships you enter into or create from those connections will continue to be governed by this Agreement. Upon termination or expiration, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display any TODAYcompliant content, including any TODAYcompliant provided badging. Upon any termination of this Agreement, you will no longer have access to your TODAYcompliant account.
If it is determined or suspected by TODAYcompliant in its sole discretion that you are misusing or attempting to misuse or circumvent the TODAYcompliant services or system or any Client data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by TODAYcompliant, in addition to our right to immediately terminate this Agreement, TODAYcompliant reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event an Approved Pro fails to make any payments under this Agreement (including any Early Termination Fee), Approved Pro shall pay any fees TODAYcompliant incurs in its collection efforts (including any third-party collection and legal fees).
Enforcement of Agreement – You will be liable for any attorneys’ fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Illinois (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in IIllinois are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the TODAYcompliant platform and/or Services, and you submit to sole and exclusive jurisdiction in the state of Illinois, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
Independent Contractor – You understand and agree that you are an independent contractor on the TODAYcompliant network, and are not a TODAYcompliant employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. TODAYcompliant does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a Client, except as specifically noted herein. TODAYcompliant is a marketplace.
TODAYcompliant Intellectual Property – You agree that you shall not use, directly or indirectly, any of TODAYcompliant’s trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of TODAYcompliant. No license or other rights in or to any TODAYcompliant intellectual property or logo are granted to you under or implied by this Agreement. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of TODAYcompliant as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of TODAYcompliant.
Transfer of Rights and Obligations – Because this is an agreement between you and TODAYcompliant for TODAYcompliant to provide advertising to you, you may not assign or otherwise transfer this Agreement or any of your rights and/or obligations relating to this Agreement or without the prior written consent of TODAYcompliant.
Severability – If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
Storage of Information – TODAYcompliant and its affiliates may view, store, access and disclose messages exchanged between you and Clients transmitted via TODAYcompliant messaging platforms or TODAYcompliant’s platform.
Tracking Numbers – TODAYcompliant may also use and require the use of masked tracking phone numbers, email addresses, or other methods of contact tracking.
Privacy Policy – TODAYcompliant has the right to use all information related to You in accordance with its Privacy Policy, which can be found on our Privacy Policy page.

CRM INTEGRATION ADDENDUM

This CRM Integration Addendum (“Addendum”) is incorporated into and made a part of the TODAYcompliant Pro Agreement (the “Agreement”). Capitalized terms used but not defined herein shall have the meanings given to them in the Agreement. In the event of any conflict between this Addendum and the Agreement, this Addendum shall control.

Overview of CRM Integration Service

TODAYcompliant may offer, at its sole discretion, an optional feature that allows Leads to be transmitted directly to a third-party customer relationship management system or other software platform designated by you (the “CRM Integration”). Your election to participate in the CRM Integration is voluntary. By activating or using the CRM Integration, you agree to all terms of this Addendum.

Representations and Responsibilities

By enrolling in the CRM Integration, you represent, warrant, and covenant, on a continuing basis throughout your participation, that:

System Security. Your designated CRM platform and any related systems that will receive, store, or process Lead information and associated personally identifiable information (“PII”) meet, at minimum, industry-standard data security requirements, including but not limited to encryption of PII in transit (TLS 1.2 or higher) and at rest; access controls limiting PII access to authorized personnel only; reasonable vulnerability management and patch practices; and incident detection and response capabilities.
Vendor Compliance. Your CRM vendor or any sub-processor that will receive PII transmitted via the CRM Integration is subject to a written data processing agreement, data protection agreement, or equivalent contractual obligation (“DPA”) that prohibits the CRM vendor from using PII for any purpose other than providing services to you; requires the CRM vendor to maintain appropriate technical and organizational security measures; requires the CRM vendor to notify you promptly of any actual or suspected data breach; and is consistent with applicable federal and state privacy laws, including but not limited to the California Consumer Privacy Act (as amended by the CPRA) and any other applicable state consumer privacy statutes.
Legal Compliance. You will comply, and will ensure your CRM vendor complies, with all applicable federal, state, and local privacy, data protection, and security laws and regulations with respect to any PII received via the CRM Integration.
Designated Endpoint. You will designate and maintain a valid, secure API endpoint or integration configuration for receipt of Lead data (“Designated Endpoint”). You are solely responsible for ensuring your Designated Endpoint is accurate, current, operational, and secure at all times.
Prompt Updates. You will notify TODAYcompliant immediately, and in no event later than two (2) business days, of any change to your Designated Endpoint, any suspected or confirmed security breach affecting PII received via the CRM Integration, or any material change in your CRM vendor’s ability to comply with the requirements of this Addendum.
No Unauthorized Use. You will not use, and will ensure your CRM vendor does not use, any PII received via the CRM Integration for any purpose other than managing and responding to the associated Lead, consistent with the Agreement.

TODAYcompliant’s Obligations; Best Efforts Delivery

Best Efforts. TODAYcompliant will use commercially reasonable efforts to transmit Leadboard™ data to your Designated Endpoint in a timely manner. TODAYcompliant’s obligation is limited to making a reasonable attempt to deliver Leadboard™ data to the Designated Endpoint you have provided. TODAYcompliant does not guarantee delivery, receipt, processing, or proper display of Lead data within your CRM or any third-party system.
No Guarantee of Integration Availability. The CRM Integration is provided as a convenience feature on an “AS IS” and “AS AVAILABLE” basis. TODAYcompliant makes no representation or warranty, express or implied, regarding the CRM Integration’s reliability, accuracy, timeliness, fitness for a particular purpose, or uninterrupted availability.
Third-Party System Failures. TODAYcompliant shall have no liability for any failure, delay, error, or loss of data arising from or related to: (i) the unavailability, misconfiguration, or malfunction of your Designated Endpoint or CRM system; (ii) acts or omissions of your CRM vendor or any sub-processor; (iii) changes you make to your Designated Endpoint without timely notice to TODAYcompliant; (iv) third-party API limitations, outages, or deprecations; or (v) any cause outside of TODAYcompliant’s reasonable control.
Fallback. In the event the CRM Integration fails to deliver a Lead to your Designated Endpoint, TODAYcompliant’s sole obligation is to make the Lead available to you through standard platform delivery methods (e.g., the TODAYcompliant Pro dashboard, email, or SMS notification), to the extent technically feasible. A failure of the CRM Integration alone shall not entitle you to a Lead credit or fee waiver.

Data Responsibility Upon Delivery. You acknowledge and agree that:

TODAYcompliant’s data handling and security obligations with respect to a Lead terminate upon successful transmission of Lead data to your Designated Endpoint. All responsibility for the security, integrity, and lawful handling of PII after delivery to your Designated Endpoint rests solely with you.
You are the data controller (or equivalent under applicable law) with respect to any PII received and stored within your CRM system, and TODAYcompliant shall bear no liability for any breach, misuse, unauthorized access, or unlawful processing of such PII occurring after delivery.
You shall indemnify, defend, and hold harmless the Indemnified Parties (as defined in Section VI(A) of the Agreement) from and against any and all claims, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any data breach or security incident affecting PII after delivery to your Designated Endpoint; (ii) your or your CRM vendor’s failure to comply with applicable privacy or data security laws; or (iii) any unauthorized use or disclosure of PII received via the CRM Integration. This indemnification obligation is in addition to, and not in limitation of, your indemnification obligations under Section VI(A) of the Agreement.

Performance Data Submission. You and TODAYcompliant may agree that you may share lead performance data, including win rate and related metrics, from your CRM or other business systems to TODAYcompliant via TODAYcompliant-designated APIs (“Performance Data Submission”). By activating or using the Performance Data Submission, you agree to all terms of this Section.

License Grant. By submitting data via the Performance Data Submission, you grant TODAYcompliant a non-exclusive, worldwide, royalty-free license to receive, store, process, analyze, and use the submitted data (“Performance Data”) for the following purposes: (i) improving Lead matching, pricing, and platform quality for you and other Service Professionals; (ii) generating aggregated, anonymized platform analytics and benchmarking reports; (iii) operating, maintaining, and improving TODAYcompliant’s platform and products; and (iv) complying with applicable legal obligations. TODAYcompliant shall not sell your individually identified Performance Data to unaffiliated third parties or use it in a manner that individually identifies you without your consent, except as required by law.
Your Representations Regarding Submitted Data. By submitting Performance Data, you represent and warrant on a continuing basis that: (i) the Performance Data is accurate, complete, and not misleading in any material respect; (ii) you have all necessary rights, consents, and authority to submit the Performance Data to TODAYcompliant, including any rights required with respect to data relating to consumers, homeowners, or other third parties reflected in the Performance Data; (iii) the submission and TODAYcompliant’s use of the Performance Data as described in this Section V does not violate any applicable law, regulation, or third-party agreement; and (iv) the Performance Data does not include any Prohibited Data as described in Section V(c).
Prohibited Data. You shall not submit, and shall ensure your systems are configured to exclude, the following categories of data via the Performance Data Submission: (i) Social Security numbers or other government-issued identification numbers; (ii) financial account numbers or full payment card data; (iii) biometric identifiers; (iv) data relating to individuals under the age of 13; or (v) any data whose collection, transmission, or processing would violate applicable law or any third-party rights. TODAYcompliant reserves the right to reject and purge any submission that TODAYcompliant determines contains Prohibited Data, without notice or liability.
Indemnification for Submitted Data. You shall indemnify, defend, and hold harmless the Indemnified Parties (as defined in Section VI(A) of the Agreement) from and against any claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from any third-party claim related to Performance Data you submit, including claims arising from your lack of authority to share such data or from inaccuracies therein.

Modification and Termination of CRM Integration

TODAYcompliant reserves the right, in its sole discretion and at any time, to modify, suspend, or discontinue the CRM Integration feature, in whole or in part, with or without notice. Termination or suspension of the CRM Integration shall not constitute a breach of the Agreement and shall not entitle you to any fee reduction, credit, or refund. Your data handling and indemnification obligations under this Addendum shall survive any termination of the CRM Integration or the Agreement.