Terms of Service.

Last updated: April 19, 2026

These Terms of Service ("Terms") govern your access to and use of the wellspring.stream website (the "Site") and the Wellspring data platform and services (the "Services"). The Services are operated by Wellspring, a business of Effective Direct Marketing, LLC ("Wellspring," "we," "us," or "our").

By accessing the Site, completing a subscription purchase through our checkout flow, or otherwise using the Services, you accept these Terms as a binding contract between you and Wellspring. If you do not agree, do not use the Site or the Services.

Your use of the Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference. If you and Wellspring have entered into a separately executed Master Services Agreement ("MSA") and Order Form, the MSA and Order Form will control over these Terms for any matters they address.

1. Use of the Site and Services.

You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site or Services in any way that violates applicable federal, state, local, or international law
• Attempt to gain unauthorized access to any portion of the Site, Services, systems, or networks
• Use automated means (bots, scrapers, crawlers) to access the Site except as permitted by robots.txt
• Interfere with or disrupt the Site, Services, servers, or networks
• Use the Site or Services to transmit any malware, viruses, or harmful code
• Attempt to reverse engineer, disassemble, or otherwise derive source code from any part of the Site or Services
• Share, transfer, or permit use of your account credentials by any third party

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

2. Intellectual property.

The Site, Services, and their content, including text, graphics, logos, icons, images, data, methodology, and software, are owned by Wellspring or its licensors and protected by US and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Site or Services without our prior written permission, except as permitted by applicable fair use provisions or as expressly authorized in Section 5.

"Wellspring" and the Wellspring logo are trademarks of Effective Direct Marketing, LLC. All other trademarks referenced on the Site are the property of their respective owners.

3. Services and customer agreements.

Information about the Services on the Site is provided for general informational purposes. Pricing, features, and availability may change with notice as described in Section 4. If you have executed a separate Master Services Agreement and Order Form with Wellspring, those documents control over these Terms for any matters they expressly address.

4. Subscriptions, billing, and cancellation.

Subscription terms. The Services are provided on a subscription basis. By completing checkout, you authorize Wellspring to charge your designated payment method for the subscription fees at the cadence you selected (monthly or annual). Subscriptions automatically renew at the end of each billing period at then-current rates unless canceled in advance.

Price changes. Wellspring may change subscription pricing with at least 30 days' notice to monthly subscribers. Annual subscribers who prepaid at the founder rate are protected from price increases for the duration of their paid annual term, including upgrades made during that term at the same founder rate structure.

Cancellation. Monthly subscribers may cancel at any time through the customer portal; cancellation takes effect at the end of the current billing period. Annual subscribers are committed to the full annual term and may not cancel mid-term except as expressly required by law.

No refunds. All subscription fees are non-refundable. Canceling a subscription does not entitle you to a refund or credit for any unused portion of the current billing period or for prepaid annual fees. This no-refund policy applies to both monthly and annual subscriptions and does not limit any rights that cannot be waived under applicable law.

Failed payment. If a payment fails, Wellspring may suspend or terminate the Services until payment is resolved. Your subscription remains in effect and fees continue to accrue during any suspension period unless and until the subscription is terminated.

Taxes. All fees are exclusive of taxes. You are responsible for any applicable sales, use, value-added, or similar taxes, excluding taxes based on Wellspring's net income.

5. Customer obligations for data delivered through the Services.

If you receive data, lists, signals, or other materials from Wellspring through the Services ("Delivered Data"), you agree to the following obligations. These obligations survive termination of your subscription.

• No resale or redistribution. You will not sell, sublicense, share, or otherwise distribute Delivered Data to any third party except as expressly authorized in writing by Wellspring.
• Honor suppression updates. Wellspring maintains a suppression list of individuals who have exercised their privacy rights. You will use only the most recently delivered version of any list and will not re-use outdated lists after a refresh has been issued.
• Lawful use only. You will use Delivered Data in compliance with all applicable laws, including the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), CCPA/CPRA, and other federal and state privacy and marketing regulations.
• Purpose limitation. You will use Delivered Data solely for the marketing, advertising, or customer relationship purposes described in your Order Form or subscription. You will not use Delivered Data to build a competing data product, for credit decisions, employment decisions, insurance decisions, or any other use prohibited by the Fair Credit Reporting Act or similar laws.
• Consumer rights requests. If a consumer submits a privacy rights request to you (opt-out, delete, know, correct) concerning data that originated from Wellspring, you will process the request in compliance with applicable law and notify Wellspring within 10 business days so that we can update our suppression list.
• Security. You will maintain reasonable administrative, technical, and physical safeguards to protect Delivered Data from unauthorized access, use, or disclosure.
• Deletion at termination. Upon termination of your subscription, you will cease using Delivered Data and delete it from your active systems within 30 days, except where retention is required by law.

6. Privacy and data use.

Our collection and use of personal information in connection with the Site and Services is described in our Privacy Policy. To exercise privacy rights, visit Your Privacy Choices.

7. Disclaimers.

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WELLSPRING DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Wellspring does not warrant that the Site or Services will be uninterrupted, secure, or error-free. Statistics, match rates, return on ad spend figures, and other performance metrics referenced on the Site or in marketing materials are representative of prior results and are not guaranteed for any specific customer, campaign, or use case. No promise of specific performance is made or implied by these Terms.

8. Limitation of liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WELLSPRING, ITS OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Wellspring's total aggregate liability for all claims arising out of or relating to the Site, the Services, or these Terms shall not exceed the amount of subscription fees you paid to Wellspring in the twelve (12) months preceding the event giving rise to the claim. For users who have not purchased a subscription, this aggregate cap shall not exceed one hundred US dollars ($100). This limitation does not apply to liability that cannot be excluded or limited under applicable law.

9. Indemnification.

You agree to defend, indemnify, and hold harmless Wellspring, its officers, employees, and affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Site or Services, your violation of these Terms, your violation of your customer obligations in Section 5, or your violation of any rights of another party.

10. Governing law.

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms, the Site, or the Services shall be brought exclusively in the state or federal courts located in Pinellas County, Florida, and you consent to the personal jurisdiction of those courts.

11. Changes to these Terms.

We may revise these Terms from time to time. The "Last updated" date at the top indicates when the Terms were last revised. For material changes affecting active subscribers, we will provide at least 30 days' notice by email or through the customer portal. Your continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.

12. Contact.

Questions about these Terms can be directed to hello@wellspring.stream or by mail to Wellspring, c/o Effective Direct Marketing, LLC, Clearwater, FL.