The Terms and Conditions of Use Agreement (“Agreement”) is entered on today’s date (the “Effective Date”), by and between Leadly., doing business as registered as Taras Paslavsky (full name in Ukrainian: Паславський Тарас Романович), an individual entrepreneur in Ukraine, operating on the basis of the Extract from the Unified State Register of Legal Entities of Ukraine, Individual Entrepreneurs and Public Organizations, entry in the UDR dated 05/04/2020 under No. 24090000000004345 (“Leadly” or “Provider”), and you (“Customer”). Each party is individually referred to in this Agreement as a “Party” and collectively as the “Parties.”
In consideration of the benefits and obligations exchanged in this Agreement, the Parties agree as follows:
1. Definitions.
“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control of a Party.
“Agreement” means these Terms and Conditions of Use.
“Content” means the information, documents, spreadsheets, and products made available to Customer through the Leadly Hosted Service.
“Customer Registration Data” means any data, information, or material provided by Customer to Leadly during the registration process for the Leadly Hosted Service. Customer Registration Data collected may include Customer’s first name, last name, company name, gender, city, state, country, Internet Protocol (IP) address information, billing information, and the Customer’s email address.
“Customer Validation Data” means any data which Customer sends to Leadly via the Leadly Hosted Service to be processed. Customer Validation Data includes single email addresses and/or lists (txt files) of email addresses to be validated through the Leadly Hosted Service. Customer Validation Data may also include any data which Customer shares with Leadly by electing to use the Leadly Hosted Service.
“Leadly Hosted Service” means Provider’s online services accessed via the Site, including the Leadly API software, and the Content which Customer is being granted access to under this Agreement. The Leadly Hosted Service includes Provider’s email validation services and deliverability toolkit services, as further described below.
“Intellectual Property Rights” means patent rights, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights, derivatives thereof as well as other forms of protection of a similar nature.
“Provider Technology” means all Provider proprietary technology made available to Customer in providing the Leadly Hosted Service.
“Site” means [email protected]
2. License Grant & Restrictions. Subject to Customer’s material compliance with this Agreement and payment of all fees and charges related to its use of the Leadly Hosted Service, Provider hereby grants Customer a revocable, non-exclusive, and non-transferable, worldwide right to use the Leadly Hosted Service, solely for its own internal business purposes and use.
Email validation services. The license granted hereunder permits Customer to upload Customer Validation Data to the Leadly Hosted Service and download files provided to Customer via the Leadly Hosted Service containing Customer Validation Data.
“Deliverability Toolkit” services. The license granted hereunder also permits Customer to utilize inbox tester and email server tester tools made available through the Leadly Hosted Service. Customer’s ability to use these “Deliverability Toolkit” services will be limited based on Customer’s subscription and tier level. Customer agrees not to: (i) license, sublicense, sell, resell, transfer, assign, distribute, provide access to, or otherwise make the Leadly Hosted Service available to any third party; (ii) modify or make derivative works based upon the Leadly Hosted Service; or (iii) decompile, disassemble, or reverse engineer the Leadly Hosted Service, or permit or assist any third party to do so. Customer will not: (i) knowingly use the Leadly Hosted Service or Provider Technology to send unsolicited email, including, without limitation, promotions, or advertisements for products or services or send email, including any content, in violation of applicable law; (ii) knowingly send or store infringing, obscene, libelous or otherwise unlawful or tortious material to the Leadly Hosted Service; (iii) knowingly upload, or otherwise send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, or programs to or from the Leadly Hosted Service; (iv) interfere with or disrupt the integrity or performance of the Leadly Hosted Service; (v) attempt to gain unauthorized access to the Leadly Hosted Service or its systems or networks; or (vi) use the Leadly Hosted Service in violation of applicable law.
3. Customer Responsibilities. Customer is responsible for all activity occurring under Customer’s account, including its right to use the Customer Validation Data and submit the same through the Leadly Hosted Service, and will abide by all applicable laws, treaties and regulations in connection with its use of the Leadly Hosted Service. Customer accepts full responsibility for its use of the Leadly Hosted Service and any results obtained from such use, including but not limited to any actions taken with its Customer Validation Data after use of the Leadly Hosted Service.
4. Customer’s Data. Provider may use Customer Registration Data and Customer Validation Data to provide the Leadly Hosted Service and to support Customer’s use of the Leadly Hosted Service. Customer agrees that Provider may cache and store results generated through the Leadly Hosted Service. Furthermore, Provider shall maintain all data in accordance with its Privacy Policy.
Customer Registration Data. Customer Registration Data may be retained by Provider for the duration of Customer’s account with Leadly.