Dat-A-Ccurate (“we”,”our”) operates the “Service,” which is defined as any website or web page on which this set of Terms appears (“Website”), and any data, services, activity or transactions that are offered, made available or facilitated through any of the above.
These Terms of Service (“Terms of Service” or “Terms”) are a legally binding agreement that applies to the Service and governs your use of the Service and your (“you” or “your”) relationship with us. You accept and agree to these Terms of Service by either:
If you violate these Terms of Service, or if you do not agree to these Terms of Service, you shouldn’t access (and you don’t have our permission to access) the Service.
In addition, if you intend to provide to us, or receive from us, data regarding European residents, please see Section 13, which you must agree to.
We may modify these Terms of Service in our sole discretion by posting updated versions of these Terms of Service on the Website or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms of Service on the Website or upon notice, as applicable.
We may change the features and functionality of the Service at any time. This may include adding, modifying or removing any features or functionality of the Service. The Terms of Service will apply to any changed version of the Service. We also may suspend or stop the Service altogether. In addition, we may impose or alter fees for new or existing aspects of the Service.
To use the Service, you must have reached the age of majority in the jurisdiction where you live (in most U.S. states, that’s 18 years old). If you are under this age, you shouldn’t use the Service or provide Submitted Data (defined below) to us.
You will need to set up an account in order to access most aspects of the Service, including in most cases to submit data (“Submitted Data”) or to receive data (“Output Data”). You should read the important information about the rules governing the Submitted Data and Output Data, in the sections below. Important rules also govern your account itself. First, you must only provide account information (such as your name and email address) that is your own, and that is accurate. You should keep your contact information accurate as well, so that we can contact you if we need to, such as to deliver any important notices. We also strongly recommend changing your password periodically, and that you not share your password or account credentials with anyone else.
You are solely responsible for maintaining the confidentiality of your account information, such as your username and password, and for restricting access to your computer and other devices; you agree and understand that you will be liable for any activity occurring through your account.
You may be and hereby are granted a license to use the Service and Output Data for (and solely for) your personal and/or your internal business purposes only, subject to the prohibitions and restrictions herein, and a license to store, print or make a copy of Output Data we provide to you solely for your personal or internal business purposes. You may not resell, distribute, or create derivative works from the Service or the Output Data. You may not develop any service, product, toolset, dataset or derivative work from the Output Data or the Service, whether in aggregated or non-aggregated form, and whether in identified or de-identified form.
When you provide Submitted Data through the Service, you understand and agree to the following, except where we and you have put in place a Premium Services Agreement (or other agreement) that expressly supersedes the below terms:
We also may provide the Service through paid accounts, such as by offering a monthly or annual subscription, or through customized provision of services and payment terms. If you and we agree to do so, we will enter into a separate agreement with you, governed by an applicable further Order Form (“Order Form”). If you wish to enter into such an agreement, please contact us at support@dat-a-ccurate.io. In addition (unless otherwise agreed to by you and us), the following will apply to any paid Service we provide to you:
Sometimes we offer the Service on a “self-serve” basis, in which case you will have the opportunity to click through these Terms and select the aspects of the Service you want to purchase, including an amount of credits that can be used for data. When you purchase credits, they have an expiration date, which is generally the end of your billing cycle – for most accounts, the end of the month. Do not purchase credits if you are not able to use them during your billing cycle.
As between you and Dat-a-ccurate, all rights, title and interest in and to the Service, including without limitation patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated with the Service, are owned by Dat-a-ccurate. For instance, we own any design or product features inherent in the Service, such as the way that data is organized, curated, presented and delivered, and any know-how or other intellectual property inherent in the way we have create, provide, display or make available the Service. The Dat-a-ccurate names and logos are trademarks of Dat-a-ccurate, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
These Terms of Service do not grant you any ownership right, title or interest in any of the above. You therefore may not use the Output Data to create any derivative work, service or product, and you may not resell or re-license the Output Data in any manner or form.
You agree not to use the Service or Output Data in certain ways. You agree not to use the Service or Output Data to:
(i) violate any applicable laws (whether federal, state, or international to the U.S.) (“Laws”),
(ii) violate the U.S. CAN-SPAM Act of 2003 or the Canadian Anti-Spam Legislation (CASL), as such statutes may be amended from time to time, or the U.S. TCPA. For information on CAN-SPAM, go here; for information on CASL, go here; and for information on the TCPA, go here;
(iii) use the Output Data to advertise or promote any goods or services (or send any other communications) that are illegal in the place offered or consumers,
(iv) use the advertise or promote adult service (such as pornography or escort services), tobacco products, illegal gambling, counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as to support a “pump and dump” scheme);
(v) defraud, deceive or mislead anyone;
(vi) communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive;
(vii) promote or engage in discrimination, racism, harassment or hate speech against any individual or group; or
(viii) threaten or promote violence.
The following practices are not permitted from our service and would be considered a violation of our policy. Please find below some examples. They are subject to change.
(i) send from a group distribution email such as hello@ or marketing@ etc;
(ii) not include opt out messages to any commercial emails or failing to comply with applicable laws ;
(iii) use a fictional identity or a pseudonym or an alias to send emails;
(iv) send emails that generate an unacceptable level of bounces;
(v) send emails that generate an unacceptable level of spam or complaints;
(vi) transmit material that contains or links to virus, trojan horse, worms or any malicious or harmful software program;
(vii) use Dat-a-ccurate’s service in conjunction with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited emails, or phone calls
If you know or suspect anyone violating these policies, please notify us at abuse@dat-a-ccurate.io. Dat-a-ccurate will determine compliance of this policy at its sole discretion.
You also agree to certain restrictions on your use of the Service. You may not:
(i) allow any other person to use your account, use any other person’s account, or share your password or account credentials with any other person;
(ii) transmit information to or through the Service that is fake or fictitious;
(iii) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iv) access the Service in a way that exceeds your authority, such as by logging in to a server, account, or email network when you are not authorized to do so;
(v) access the Service in an automated manner;
(vi) extract data from the Service in a way that exceeds our authorization or violates these terms or other policies or restrictions we have implemented (whether such implementation is verbal or mechanical in nature); for instance you may not or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than the search engine and search agents made available through the Service;
(viii) reverse engineer, decompile or disassemble the Service (in whole or in part).
You may request and receive Output Data regarding data subjects who reside in the European Economic Area, Switzerland, or the United Kingdom (“European Data Subjects”) (such as their name, job title, or contact information), which we refer to below as European Output Data.” If you do so, you agree that you will use the Output Data only in the following situations, in addition to complying with other consent or permission requirements set out in this Section:
(i) in order to perform reasonable and actual data validation or hygiene or updating of your own legally obtained customer database. For instance (simply to illustrate), if you possess a data file that reads [Jane Doe | Acme Computers | janedoe@Acme.com] you may use our Output Data to update that file to read [Jane Doe | Acme Computers Limited | janedoe@AcmeLimited.com].
(ii) pursuant to explicit consent from the data subject of the Output Data, sufficient to comply with the consent requirements of GDPR.
(iii) for other purposes you have established are necessary to pursue your legitimate interests in the context of business-to-business relationships and in compliance with the GDPR and all other legal requirements. For instance, if you use the Output Data to contact actual or prospective business partners, you may need to obtain consent for “prospecting” by means of a telephone, fax machine or email.
When you receive or use European Output Data, you understand and agree that you are the data controller, and we are your data processor, as those terms are used under the GDPR. You will obtain from each data subject (e.g., the persons in your customer database) all required consents (or establish another basis for processing the Output Data, if applicable), make available all required data subject rights, and otherwise comply with all provisions of the GDPR and other European data protection rules applicable to data controllers.
You also agree that you will not provide any Submitted Data to us regarding any European Data Subjects unless you have obtained legally sufficient consent to do so from the data subject of that Submitted Data.
To the extent that Dat-a-ccurate processes any Customer Personal Data (as defined in the Dat-a-ccurate Data Processing Agreement) that is subject to the European General Data Protection Regulation (GDPR) or other applicable European data protection rules, on Customer’s behalf, in the provision of the services hereunder, the terms of the Dat-a-ccurate Data Processing Agreement, which are hereby incorporated by reference, shall apply. For customers that are located in the European Union, the United Kingdom, Switzerland, or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with Dat-a-ccurate, which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply.
This Section 13 supersedes and takes precedence over any separate agreement or terms that we may enter into with you, regarding any data licensed from you to us, or from us to you.
Required Consumer Consents and Permissions. In some countries or jurisdictions, additional consents, notices and permissions may be required for certain types of marketing or processing of personal information. Client understands that, while Provider seeks to comply with its own legal obligations, Provider has not obtained any rights or consents on Client’s behalf: therefore, to the extent that any law or regulation may require that Client (in addition to Provider) provide notice or obtain consent in order to market to any person or process any person’s personal data, Client agrees that Client shall obtain on Client’s own behalf such notices or consents.
You acknowledge the collection, use, disclosure and other handling of information described in our Privacy Policy, which we may update from time to time.
We, or service providers working with us, may monitor the Service for any legitimate business purpose, including to monitor compliance with these Terms or evaluate how the Service is being accessed and used. We will be the sole and final arbiter as to whether the Service is being misused or these Terms are being violated. If we believe you have violated these Terms (or any law) we may terminate your account and access to the Service and any Output Data immediately and without notice. In such a situation we also may seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Terms of Service and the law.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE ALONG WITH THE OUTPUT DATA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE WILL ENFORCE THE TERMS OF SERVICE AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY ZENPROSPECT TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS OF SERVICE. Some jurisdictions limit or don’t allow the disclaimer of implied warranties – in those states, these warranties will be disclaimed only to fullest extent permitted by law.
IN NO EVENT WILL EITHER PARTY OR ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, OUTPUT DATA OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE RESPECTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM A PARTY’S ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE (EXCLUSIVE OF PAYMENT OR INDEMNIFICATION OBLIGATIONS) EXCEED THE TOTAL OF THE AMOUNT PAID BY EITHER PARTY TO THE OTHER DURING THE PRIOR 12 MONTHS. ADDITIONAL DISCLAIMERS BY ZENPROSPECT MAY APPEAR WITHIN THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result the contents of this section may not apply to you. In cases where such laws apply, liability of the Dat-a-ccurate Entities shall be limited to the fullest extent permitted by law.
You agree to indemnify and hold harmless Dat-a-ccurate, its directors, officers, employees, contractors and agents, and its suppliers, licensors, and service providers, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees and expenses (collectively, “Claims”), arising out of or in connection with: (1) Your use of the Website or Service; (2) Your breach of these Terms of Service; or (3) Your violation of any applicable law or the rights held by any third party. Dat-a-ccurate will have the right, but not the obligation, to participate through counsel of its choice in any defense by You of any Claims as to which You are required to defend, indemnify, or hold harmless Dat-a-ccurate. You may not settle any Claims in a manner that may impose any obligation upon Dat-a-ccurate, without our prior written consent. The members of Dat-a-ccurate’s corporate family, and the agents, partners, employees, contractors and advertisers of them and of Dat-a-ccurate, are third-party beneficiaries of this paragraph. Other than them, there are no other third-party beneficiaries of the Terms of Service.
We make no representations or promises regarding security. Despite our security efforts, it is possible that unauthorized individuals will obtain your information, such as through web-scraping tools (even though we do not authorize and in fact prohibit that behavior).
The Service may contain links to — or even reside on — third-party websites and services that are not owned or controlled by us. The Service may sometimes makes available embedded links or content from such services, such as for promotions or information hosted by a third-party website. We do not assume responsibility for any such third-party websites, services or content. If you view, access or otherwise interact with any such websites, services or content, you do so at your own risk and you agree that we no liability arising from such access.
In addition to any other remedies it may have, either party may terminate this Agreement effective immediately, if the other party materially breaches any of the terms or conditions of this Agreement and fails to cure such material breach within thirty (30) days of its receipt of a written notice identifying the breach in reasonable detail (or ten (10) days in the case of non-payment). In addition, (a) for paid subscriptions, we may terminate this Agreement for convenience by providing You at least thirty (30) days’ prior written notice; and (b) for unpaid accounts only, either party may terminate this Agreement, effective immediately, by providing the other party written notice. For paid subscriptions, Customer will pay in full for the Service up to and including the last day on which the Service is provided.
Legal notices (including but not limited to termination notices) must be sent to support@dat-a-ccurate.io orCyber Hub, Level 1, Tower A, Bldg. # 10, Cyber City, Phase II. Gurgaon-122002. Haryana. We will send legal notices to You via a method of our choosing that is reasonably intended to provide such notice to You, including without limitation via the Service or to the email or other address You have provided to us.
If this Agreement terminates, You will no longer be authorized to access the Website or Services. Sections 7-9, 10, 11, 15-18 and 21-22 of the Agreement will survive termination.
If any provision of these Terms is determined by a court to be invalid, illegal or unenforceable, that determination will not affect the validity or enforceability of the remaining provisions of the Terms, and each provision shall be considered as separate, severable and distinct from each other.
Neither party to these terms will be deemed responsible or liable for its failure to perform or delay in performance under these Terms (or any Order Form) where such delay or failure is beyond its control, such as where caused by strikes or labor disputes, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters including floods, earthquakes and hurricanes, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.