Lantern Champion Chaser Terms of Service

These terms were last updated on June 25, 2024.

Terms of Service

Sellerant, Inc. dba Lantern ("Lantern" or “We”) provides Lantern Services (defined below) to you subject to these Lantern Terms of Service ("Terms"). The effective date of these Terms is the earlier of the date you enter into these Terms and the date you first access the Lantern Services.

By clicking or tapping any button or box marked "Accept," "Agree" or "OK" (or a similar term) in connection with these Terms, or by accessing our site https://withlantern.com ("Site") or otherwise using the Lantern Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and affirm that you are over the age of 18. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind the entity and its affiliates to these Terms, in which case the terms "You", "Your" or "Customer" shall refer to the entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Lantern Services. You acknowledge that these Terms form a binding contract between you and Lantern, even though it is electronic and is not physically signed, and that it governs without limitation your use of and access to the Lantern Services, unless you have signed a separate Master Services Agreement or other similar with Lantern.

PAID SUBSCRIPTION PLANS PURCHASED THROUGH SELF-SERVICE ON THE SITE OR THROUGH OUR RESELLERS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL THEM PURSUANT TO SECTION 5 OF THESE TERMS. CANCELING WILL END THE AUTOMATIC RENEWALS OF YOUR PAID SERVICES, BUT WE WILL KEEP ANY FEES WE HAVE ALREADY COLLECTED FROM YOU (UNLESS WE ARE REQUIRED BY LAW TO REFUND THEM).

1. DEFINITIONS

1.1. "Authorized User" means an employee, contractor, or agent of Customer who is authorized to use the Lantern Services and who has access to the Lantern Services via a unique username and password under Your Account.

1.2. "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Customer. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

1.3. "Lantern Services" means any services provided by Lantern, including the Lantern online platform, APIs, Product Data, and other services accessible via our website (www.Lantern.com).

1.4. "Competitor" means any company that is selling products or services that are the same or substantially similar to the Lantern Services.

1.5. "Customer Data" means personal contact information regarding Authorized Users, and all personal data or other materials solely provided by you to Lantern in connection with the Services.

1.6. "Documentation" means Lantern’s then-current technical or user documentation or specifications located at https://withlantern.com/docs.

1.7. "Initial Term" means the initial term of the contract as set forth in the initial Order.

1.8. "Order" means any order form signed by the Parties that references these Terms and describes the services to be provided by Lantern and the fees that will be paid by Customer.

1.9. "Product Data" means any data, reports, text, images, sound, video, code, insights, any other content made available by Lantern through the Services, but excludes any logos output from the Logo Output APIs (as defined below) or the Services.

1.10. "Services" means the services provided to You by Lantern as indicated in your self-serve account, if applicable, in the applicable Order, including all or part of the Lantern Services, Product Data, and Support, and as applicable any professional services set forth in any applicable statement of work, and excludes any free or beta services provided by Lantern.

1.11. "Service Fees" means the fees Lantern charges and You pay for the Services as specified in the applicable Order.

1.12. "Software" means any and all software and tools (including updates) provided to Your Authorized Users by Lantern to facilitate use of or access to the Lantern Services.

1.13. "Subscription" means Services selected through the self-serve option on Lantern’s website or purchased through an Order.

2. SERVICES AND SOFTWARE

2.1. Provision of Services: We will provide the Services to You and Your Affiliate(s) (so long as neither You nor such Affiliate(s) is a Competitor to Lantern) in accordance with the applicable Order and these Terms. For any Services an Affiliate receives under these Terms, the Customer (or Customer’s parent company for Affiliates under common control with Customer) and the Affiliate shall be jointly and severally liable for the obligations, including but not limited to payment obligations. At the beginning of the Initial Term or promptly thereafter, You will receive access to a Lantern Services account ("Your Account"). To use the Services, You must link at least one of your email accounts to Your Account, but may link no more email accounts than the total number of Your Authorized Users. You will keep all information related to Your Account current and promptly notify us of any changes by sending an e-mail to support@Lantern.com.

2.2. Software Access: Some features and functionalities of our Lantern Services may require Your Authorized Users to download and use our Software. During the Term, and subject to Your payment of all applicable Service Fees, Lantern hereby grants You a limited, nonexclusive, nontransferable, nonsublicensable, revocable right and license to (i) access and use the Lantern Services via a web browser or web-enabled device and (ii) use the Software only to access the Services.

2.3. Use of Services: You are solely responsible for the acts and omissions of Your Authorized Users, including their use of the Services and Software, including their processing of any Product Data obtained from the Services. You and Your Authorized Users will maintain the security of their usernames, passwords and API Keys and not permit anyone who is not an Authorized User to access or use the Services. You will notify Lantern immediately if You suspect or become aware of any unauthorized use of the Services or if an Authorized User’s username or password is lost or stolen.

2.4. Customer Restrictions: You and Your Authorized Users must not: (a) use the Lantern Services to provide any Lantern Services, Product Data or Software to third parties (excluding any Third Party Applications as permitted pursuant to Section 2.11 herein) or otherwise reproduce, license, sell, rent, lease, outsource, act as service bureau, or sublicense the Lantern Services or Software; (b) use the Lantern Services or Software in any manner that is defamatory, obscene, libelous, or otherwise violates the rights of another or does not comply with applicable laws, and regulations; (c) except as permitted by applicable law, decompile, disassemble, reverse engineer or otherwise attempt to access or derive the source code or other trade secrets from the Lantern Services or Software; or (d) submit content to the Lantern Services or Software, by transmitting viruses or other malicious code or using the Lantern Services to spam others. You and Your Authorized Users shall not use the Services to determine a consumer’s eligibility for (a) credit or insurance for personal, family or household purposes, (b) employment or (c) a government license or benefit or (d) any other purpose governed by the Fair Credit Reporting Act (FCRA).

2.5. Customer Compliance: Subject to You and Your Authorized Users’ compliance with all applicable laws, You and Your Authorized Users shall be permitted to access or use the Lantern Services or Software solely for the business-to-business sales, marketing, or business development activities of Customer (the “Permitted Uses”). As consistent with the Permitted Uses, You and Your Authorized Users may use the Services in a responsible and professional manner relating to Customer’s business-to-business sales, marketing, and business development activities to: (i) view the Product Data; (ii) communicate with any individuals contained within Product Data, in a manner that relates directly to such person’s profession, business, or employment; and (iii) identify prospective sales opportunities, research Customer’s existing customers and prospects, and otherwise analyze the Product Data for business-to-business development purposes. Except as expressly permitted in an Order, You and Your Authorized Users shall not (a) incorporate any portion of the Services or Product Data into Your products or services, (b) use the Services or Product Data for any other commercial purposes other than the Permitted Uses, or (c) access or use the Product Data for the benefit of or on behalf of any entity except Customer.

2.6. Services Limits: You and Your Authorized Users shall not override or circumvent, or attempt to override or circumvent, any security feature, control, or use limits of the Lantern Services. Lantern may use technological means to place reasonable use limits to prohibit excessive use, including excessive API requests or exceeding records limits that indicate a violation of these Terms, such as sharing with third parties or attempting to circumvent limitations to purchased credits (if applicable).

2.7. Modifications & Updates: We may modify the Services or update the Software from time to time. Customer agrees that its purchase of the Services is not contingent upon the delivery of any future functionality or features, or dependent on any oral or written public documents made by Lantern regarding future functionality or features.

2.8. Ads Products: To the extent the Services includes Lantern Ads products, the following terms shall apply:

• (i) Customer hereby authorizes Lantern to submit data to third party audience targeting platforms (“Third Party Platforms”) on Customer’s behalf. Customer may provide access to their accounts to the Third Party Platform and other requested information as needed, for Lantern to support Customer’s use of the Lantern Ads products.

• (ii) If Customer is targeting or placing ads on behalf of another entity or third party advertiser, Customer represents and warrants that it has all necessary permission and authorization to place and run such ads (and to authorize Lantern to do so).

• (iii) Any Product Data generated by the Lantern Ads products (“Audience Data”) may only be used by Customer in accordance with these Terms. Without limiting the foregoing, Customer may not (and may not enable any third party to) (a) export Audience Data from the Services or otherwise use or duplicate Audience Data or (b) use the Audience Data to create or enrich derivative datasets.

• (iv) Customer represents and warrants that any advertisements it places in connection with the Audience Data (a) shall comply with all applicable laws, including but not limited to, CAN-SPAM, Telephone Consumer Protection Act, and any data privacy and export control laws and (b) will not contain any content or promote any purpose that is (i) libelous, defamatory, obscene, discriminatory, pornographic, abusive, or otherwise illegal, (ii) spyware, adware or other malicious code, (iii) dealing in counterfeit goods or items subject to US embargo, (iv) constitutes hate materials under applicable law, (iv) hacking, surveillance, interception or descrambling technology, (vi) dealing in stolen products or tools or items used for theft.

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Addendum A to the Agreement

Lantern Controller to Controller Data Sharing Addendum

This Lantern Controller to Controller Data Sharing Addendum ("DSA") amends and is incorporated into the Terms (together with any amendments and attached or referencing service orders, statements of work, addendums, attachments, schedules, or exhibits, the “Agreement”) between Sellerant, Inc. dba Lantern or one of its Affiliates (“Lantern”) and Customer and will be applicable to each Party’s Processing of Controller Data, where such Processing is regulated by Applicable Laws. Except for the changes made by this DSA, the Agreement remains unchanged and in full force and effect. In the event of a conflict between this DSA and any other portion of the Agreement, the provision of this DSA shall control. The Parties agree that this DSA shall replace any existing data processing addendum the Parties may have previously entered into in connection with the Services for Controller to Controller Processing and will be applicable when either Party Processes Controller Data where such Processing is regulated by Applicable Laws.

Definitions

• Personal Data: means any information relating to an identified or identifiable natural person located in the European Economic Area (“EEA”) or the United Kingdom;
• Data Subject: means an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name,address, title, or an online identifier.

Roles of the Parties

The Parties acknowledge that in regards to any Controller Data that is transferred between the Parties that Lantern is an independent Controller and Customer is an independent Controller, not a joint Controller with Lantern. Each Party shall comply with its obligations under Applicable Laws (including, but not limited to, Articles 13 and 14 of GDPR), and this DSA, when processing Controller Data.