1. Agreement
These Terms of Service ("Terms") govern your use of the Kercel service, website and related products (together, the "Service"), provided by Unity Space SLU, a company incorporated in Spain, with registered address at Calle Lirica 9, Spain ("we", "us", "our"). Kercel is a brand of Unity Space SLU.
By creating an account, accessing or using the Service, you agree to be bound by these Terms. If you use the Service on behalf of a company or organisation, you confirm that you have authority to bind that entity, and these Terms apply to that entity. If you do not agree, do not use the Service.
2. The Service
Kercel is a business-to-business lead-intelligence service. It scans publicly available sourceson a schedule you configure and surfaces businesses that appear to be showing interest in switching from a competitor. The Service includes scanning, signal scoring, tech-stack fingerprinting, dashboards, digests, and the other features described on our website.
3. Eligibility and accounts
- You must be at least 18 years old and use the Service for business purposes.
- You are responsible for the accuracy of the information you provide when creating an account, and for keeping your credentials secure.
- You must not share access in a way that exceeds your plan's seat limits, and you are responsible for all activity that occurs under your account.
- If you create a workspace on behalf of an organisation, you confirm you are authorised to do so and to bind that organisation.
4. Plans, fees and billing
- Plans: the Service is offered on Free, Pro and Enterprise plans. The current features, limits and prices are shown on our pricing page and may be updated from time to time.
- Quotas and limits: each plan includes specific limits (for example, the number of leads per week, ICPs, terms, seats and scan volume). Your plan caps scan volume and delivered leads. If you exceed a quota, we may limit or pause the corresponding feature until the quota resets or you upgrade.
- Payment: paid plans are billed in advance, monthly or annually as selected at checkout, and renew automatically until cancelled. Taxes (including VAT) are added where applicable.
- Cancellation and refunds: you may cancel at any time; access continues until the end of the paid period. We do not provide pro-rata refunds for partial periods, except where required by law or where a statutory withdrawal right applies.
- Failed payments: if a payment fails, we will retry and may suspend access to paid features until the payment is resolved.
- Price changes: we will give you reasonable notice of any price change affecting an active subscription before it takes effect. Continuing to use the Service after the change constitutes acceptance.
5. License to use the Service
Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, including the right to use leads and outputs for your own business development and outreach.
You may not:
- Resell, sublicense, redistribute or make available the Service, its outputs, or business-profile data to third parties (including building or feeding a competing database or service);
- Reverse engineer, decompile or attempt to extract the source code of the Service;
- Scrape, crawl or otherwise access the Service using automated means except through features we provide or an API we make available under separate terms;
- Circumvent quotas, limits, authentication or other restrictions;
- Use the Service to violate any law or the rights of any third party.
6. Your responsibilities
- Lawful use of data: you are responsible for how you use the leads and outputs you obtain from the Service, including any outreach. You must comply with all applicable laws, including the GDPR, UK GDPR, ePrivacy rules, CAN-SPAM and other anti-spam laws, and you must honour opt-outs and removal requests you receive.
- Controller of your use: when you export or contact individuals identified through the Service, you act as an independent controller of your use of that information, and you are responsible for establishing your own lawful basis for that use.
- Accuracy: the Service reflects publicly available information at the time of collection and may not always be accurate, complete or current. You should verify material information before relying on it.
7. Public data sources
The Service collects information exclusively from publicly available sources — for example, search engine results, public posts and public profiles, public review sites, public advertising libraries, and the publicly accessible pages of businesses themselves. We do not obtain information from private or gated sources, and we do not sell personal information.
Because the underlying information comes from third-party public sources, we do not warrant its accuracy, completeness, or suitability for any particular purpose. The Service's outputs are provided "as is" and reflect what those sources made publicly available at the time of collection.
8. Your data and our data
- Your configuration data: you retain ownership of the content you submit to the Service (such as your ICP descriptions and search terms). You grant us a license to use it to provide the Service to you and to improve it.
- Our data and IP: we retain all rights in the Service, including its software, algorithms, scoring models and derived data. We do not claim ownership of your business or of third-party public content.
- Feedback: if you provide suggestions or feedback, you grant us a non-exclusive, perpetual, irrevocable license to use them without obligation to you.
9. Third-party content and services
The Service surfaces content that originates from third-party platforms and sources. We do not control those sources and are not responsible for their content or availability. Where the Service integrates with third-party APIs (for example, the Google/YouTube Data API), our use of data received from those APIs complies with the applicable platform policies, including the Google API Services User Data Policy and its Limited Use requirements. Your use of the Service does not grant you any rights in third-party content.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE DATA OR OUTPUTS IT PRODUCES ARE ACCURATE, COMPLETE OR CURRENT. YOU USE THE SERVICE AT YOUR OWN RISK.
11. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for all claims relating to the Service is limited to the amount you paid us for the Service in the twelve (12) months preceding the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for fraud, death or personal injury caused by negligence.
12. Indemnification
You agree to indemnify and hold us and our affiliates and their personnel harmless from and against any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service, including your outreach and use of data obtained through the Service, (b) your breach of these Terms, or (c) your violation of any law or the rights of any third party.
13. Termination and suspension
- You may stop using the Service and delete your account at any time.
- We may suspend or terminate your access if you breach these Terms, if payment is not received, or if your use threatens the security, availability or integrity of the Service.
- On termination, we will provide a reasonable window to export your data (except on Enterprise plans, where data export is covered by your agreement). After that window, your data will be deleted in accordance with our Privacy Policy.
14. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page with a new "Last updated" date, and we will take reasonable steps to notify you of material changes. Continuing to use the Service after changes take effect constitutes acceptance of the updated Terms.
15. Governing law and jurisdiction
These Terms are governed by the laws of Spain, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Spain. If you are a consumer, mandatory provisions of the law of your country of residence continue to apply.
16. General
- Entire agreement: these Terms, together with our Privacy Policy and any order or agreement for Enterprise plans, constitute the entire agreement between you and us.
- Severability: if any provision is found unenforceable, the remaining provisions remain in effect.
- Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
- No waiver: our failure to enforce a provision is not a waiver of it.
- Force majeure: we are not liable for delays or failures caused by circumstances beyond our reasonable control.
- Copyright: if you believe content on the Service infringes your copyright, contact legal@kercel.io.
17. Contact
For questions about these Terms, contact us at legal@kercel.io or write to Unity Space SLU, Calle Lirica 9, Spain. For customer support, use support@kercel.io.
