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Datanyze Terms of Service

The following terms and conditions ("Terms of Service") together with the Service Purchase Letter ("Purchase Letter" and collectively, the "Agreement") govern all use of the datanyze.com website (the "Website) and all content, services, features, activities, and products available at or through the Website. The Services are owned and operated by Datanyze, Inc ("Datanyze"). Please read these Terms of Service carefully before using the Services. Access to Datanyze’s Business Contact Database and the Datanyze Exchange Service are governed by the Datanyze Business Contact Database and Exchange Addendum, attached hereto.

BY USING OR ACCESSING THE SERVICES, CLIENT (as defined in Service Purchase Letter) AGREES TO BE BOUND BY THIS TERMS OF SERVICE AND ALL TERMS, POLICIES, AND GUIDELINE INCORPORATED IN THE TERMS OF SERVICE BY REFERENCE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If Client does not agree to all the terms and conditions of this Agreement, they may not use the Services.

  1. Description of Datanyze Services
  2. Datanyze continuously collects and analyzes millions of signals online to determine the usage of different technologies and other buying signals. Client can access Datanyze's data through its web application, an integration to a supported 3rd-party platform, Datanyze browser extension or the Datanyze API, depending on the Client's agreement with Datanyze.

  3. Intellectual Property
  4. The Service is protected by copyright, trade secret and other forms of intellectual property, for which all right, title and interest belong to Datanyze and is confidential information of Datanyze (or its suppliers). All rights, title and interest in and to the Service and all modifications to the Service (and all associated intellectual property rights) are and will remain vested in Datanyze or its suppliers. These rights are protected by law and international treaties. Client acknowledges that no rights other than those rights granted herein to use the Service, license or interest to any Datanyze's intellectual property, including but not limited to, copyright, trademarks and/or trade names are granted under this Service Agreement.

    Client may choose to or Datanyze may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or Datanyze products. By submitting any feedback, Client agrees that such disclosure is gratuitous, unsolicited and without restriction and will not place Datanyze under any fiduciary or other obligation, and that Datanyze is free to use such feedback without any additional compensation to Client, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

  5. Restrictions
  6. The Service is licensed to the Client, not sold. Client may not sublicense, resell, share with anyone other than a Representative (as hereinafter defined) (and provided each such Representative is registered as an additional user of the Service), assign (except as set forth herein), pledge, rent or transfer (except as set forth herein) any of their rights under this Agreement in relation to the Service or any portion thereof without explicit permission in writing from Datanyze, which Datanyze shall not unreasonably withhold. Client may not use any robot, crawler, spider, scraper, or other automated means to access the Service for any purpose without Datanyze's express written permission or bypass Datanzye robot exclusion files or other measures used to prevent or restrict access to the Service. Client is expressly prohibited from reverse engineering, decompiling, disassembling or otherwise attempting to discover the Datanyze source code or Service database.

    Client may not: (a) use the Service for any unlawful purpose, (b) use the Service in a manner that may damage, disable, overburden or impair the Datanyze Services, or (c) use the Service to violate another person or entity's intellectual property rights, terms of service or other statutory or contractual rights, or otherwise in any unlawful way. Client agrees to hold harmless and indemnify Datanyze, and its affiliates, officers, directors, agents, employees, or partners from and against any third party claims arising from or in any way relating to your violation of this provision.

    Client shall provide Datanyze with accurate, complete information during the initial registration for the Service. It is Client's responsibility to inform Datanyze of any changes to such information. Each password is solely for one designated person. Client may not permit a) any other person to use the Service under Client's name; or b) make available to multiple users Services licensed for a single user. For billing purposes, the license count is determined by the number of users that connect to the Service. In the event the number of users accessing the Service exceeds the number of users for which licenses have been granted, Datanyze shall invoice Client for any additional users for the remainder of the then current subscription term on a pro-rated basis in accordance with the fees listed on the Website. With respect to the Datanyze Insider service ("Insider"), Client is authorized to permit any or all of its employees and consultants to use Insider (as long as such use is otherwise in accordance with this Agreement) and Client's license with respect to Insider extends to all of its employees and consultants, provided however that Client shall be invoiced and agrees to pay a monthly fee based on the number of users that connect to Insider during the Term.

  7. Content Ownership
  8. Datanyze shall at all times retain full right and ownership of the information and content that is being served by the Service. By entering into this Agreement Client affirms that such action will not violate any applicable contract, policy, law or regulation to which the Client is currently subject.

  9. Usage of Client's Logo
  10. Client grants Datanyze the right to use the Client's logo. Datanyze may not modify or change the logo in any way and the logo may only be used for purposes of identifying Client as a Datanyze customer. The logo shall not be used in any manner, which may be considered, in Client's sole discretion, disparaging or negative. Client has the right to revoke the license to use logo at any time in its sole discretion.

  11. Salesforce Integration
  12. If Salesforce Integration is included in Client's Service as defined in Service Purchase Letter, Datanyze, at its sole expense, shall integrate data from the Reports into Client's Salesforce organization (i.e. account or database) in a customized form specified by Client.

  13. Payment for Services
    1. Payments
    2. Client shall pay Datanyze the Service fee in accordance with the terms of this Agreement. All payments must be made in U.S. dollars and, when paid, are non-cancelable, non-contingent and non-refundable, except as otherwise provided herein.

      If Client chooses to make payment by credit card, Client shall grant permission to Datanyze to charge Client's credit card until Datanyze or Client terminates the Service.

      Datanyze is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Datanyze. All fees are exclusive of taxes, levies, or duties, imposed by taxing authorities, including, for example, value-added, sales, use or withholding taxes, and Client shall be responsible for payment of all applicable such taxes, levies, or duties (excluding taxes based on Datanyze’s income), even if such amounts are not listed in an Agreement except to the extent Client has provided Datanyze with a valid tax exemption or direct pay certificate that exempts Client from such payment. Client shall reimburse Datanyze for any taxes paid on behalf of Client.

      Unless the Agreement expressly states other payment terms, payment is due upon receipt of invoice by Client. Any amounts invoiced that are not received by Datanyze by the due date are considered delinquent, at which time services will become subject to suspension. Client is responsible for providing complete and accurate billing and contact information to Datanyze and notifying Datanyze of any changes to such information.

      In the event any payment is past due, Datanyze may, at its reasonable discretion, (i) apply a late charge equal to the lesser of 1% per month on the unpaid balance or the highest rate permitted by applicable law; (ii) require Client to provide a service deposit to guarantee payment for the Services equal to the value of the monthly service fee; and/or (iii) take any action in connection with any other right or remedy Datanyze has under this Agreement, at law or in equity.

    3. Confidential Fee Information
    4. The pricing of the Service by Datanyze, both for its elements and in the aggregate is Datanyze's Confidential Information (as hereinafter defined). Any information that is part of Client's Salesforce organization is Client's Confidential Information. Unauthorized disclosure of the other party's Confidential Information shall constitute a breach of the terms of this Agreement.

  14. Termination
  15. Client may terminate the Services, pursuant to the terms of this Section 8, by contacting Datanyze at support@datanyze.com

    1. Termination for Cause
    2. Either Party may terminate this Agreement for cause by delivering written notice to the other Party upon the occurrence of any of the following events: (a) a receiver is appointed for the other Party or its property; (b) the other Party makes a general assignment for the benefit of its creditors; (c) the other Party commences, or has commenced against it, proceedings under any bankruptcy, insolvency or debtor's relief law which proceedings are not dismissed within 60 days; (d) the other Party is liquidated or dissolved; (e) the other Party ceases to do business or otherwise terminates its business operations; or (f) the other Party defaults or fails to perform any material obligation hereunder in any material respect, which default or failure is not cured within thirty (30) days after written notice thereof from the non-defaulting Party stating its intention to terminate this Agreement by reason thereof. In the event that Client terminates this Agreement in accordance with this Section 8.1, Datanyze shall issue to Client a prorated refund of all prepaid fees for services not rendered.

    3. Termination by Datanyze
    4. Datanyze may, subject to the terms of this Section 8.2, suspend the Service or terminate this Agreement, effective upon notice, should Client's use of the Service, content, or transmitted or transferred material directly or indirectly, actually or allegedly (a) violate any United States, state, local or other applicable law, regulation, rule or order of any applicable regulatory authority or court of competent jurisdiction, (b) be used for or involved in any defamatory, threatening or obscene purpose or in violation of any U.S. community standard. Additionally, Datanyze may terminate this Agreement, effective upon notice, should Datanyze determine in its good faith discretion that Client is engaged in activities competitive with any current or contemplated business plans of Datanyze, or if Datanyze determines in its good faith discretion that its current or contemplated business plans may be competitive with Client. Further, if at any time Datanyze, in its reasonable judgment, the Service, or any portion thereof, or Client’s use thereof may violate any applicable law or regulation, any contractual rights owed to any third party or any intellectual property rights of a third party, Datanyze shall have the right to terminate that portion of the Services implicating the legal or contractual violation. In the event that Datanyze terminates this Agreement in accordance with this Section 8.2, other than in the event of circumstances set forth in (a) or (b), above, Datanyze shall issue to Client a prorated refund of all prepaid fees for services not rendered, provided that: (x) Client requests such refund in writing within fifteen (15) days of the termination of the Agreement; and (y) to the extent Datanyze only terminates a portion of the Services, the right to a refund shall only apply if the portion of the Services terminated was material.

    5. Termination by Client without Cause
    6. This Agreement may be terminated by Client without cause at any time prior the expiration term of the Agreement ("Early Termination"). In the event of such Early Termination by Client, total fees for the remainder of the term as specified in the attached Service Purchase Letter shall immediately become due and payable by the Client.

    7. Termination by Datanyze for Non-Payment
    8. In the event Client fails to pay any fees or charges within thirty (30) days of the invoice date, and Client fails to cure such non-payment within fifteen (15) days of receiving written notice from Datanyze of said non-payment, Datanyze may terminate this Agreement and/or Services, at Datanyze's sole discretion. Termination for non-payment will not relieve Client's responsibilities under this Agreement including, but not limited to, its obligation to pay fees up to the date of termination and any Early Termination Fees due and owing at the date of termination. Once payment has been made, access to the service shall be restored for the remaining term.

    9. Effect of Termination
    10. Upon expiration or termination, the Service shall terminate. Client shall thereafter cease all use of the Service and is required to remove and cease all use of Datanyze data collected from the Service or use of the Datanyze API from Salesforce.com, other 3rd party applications, or Client's databases.

  16. Relationship of Parties
  17. Neither this Agreement nor the parties' business relationship established hereunder will be construed as a partnership, joint venture or agency relationship or as granting a franchise. Neither Party will attempt to, or will have the right to, legally obligate the other Party.

  18. Warranties
  19. Except for those warranties expressly made hereunder, Datanyze expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or results to be obtained by partner in connection with the use of the Services. Provided Client has not otherwise violated this Terms of Service, including Section 3 hereof, Datanyze represents and warrants that services provided to Client will not infringe the intellectual property rights of either party or third parties, or violate any applicable law or regulation.

  20. Limitation of Liability
  21. Neither party shall be liable to each other or any entity claiming through or under the other party, whether as a result of single or multiple claims, for any loss of profit or income or any consequential, incidental, special, punitive, or indirect damages, whether in an action for contract or tort, in connection with this agreement, even if the applicable party has been advised of the possibility of such damages. Furthermore, excluding claims for willful misconduct, or fraud, in no event shall either party's total liability for any cause of action, claims, damages, fees or expenses exceed, in the aggregate, the amount of fees paid by Client in the twelve (12) months prior to the date the cause of action arose.

  22. Confidentiality
  23. During the term and for a period of three years after the expiration or termination of this Agreement, neither party will disclose the other's Confidential Information without the other's written consent except (a) to obtain advice from legal or financial consultants, or (b) if compelled by law, in which case the disclosing party will use commercially reasonable efforts to give the other party notice of the requirement so the disclosure can be contested. Each party will take reasonable precautions to safeguard the other's Confidential Information, which will be at least as great as those the party takes to protect its own Confidential Information, but in no event less than reasonable care. Each party will disclose the other's Confidential Information to its employees, agents, representatives and consultants (each, a "Representative") only on a need-to-know basis and subject to reasonable confidentiality obligations upon such persons. When Confidential Information is no longer necessary to perform any obligation under this Agreement, each party will return it to the other or destroy it at the other's request. "Confidential Information" means information marked or otherwise identified in writing by a party as proprietary or confidential or that, under the circumstances surrounding the disclosure, ought reasonably be known to constitute proprietary or confidential information. Confidential Information of Datanyze includes, but is not limited to, non-public information regarding the operation of the Service and the terms of this Service Agreement. Confidential Information does not include information which: (a) the recipient developed independently; (b) the recipient rightfully knew before receiving it from the disclosing party; or (c) is or subsequently becomes publicly available or is received from another source, in both cases other than by a breach of an obligation of confidentiality.

  24. Applicable Law
  25. The laws of the United States and, specifically, those of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between Client and Datanyze or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Clara County, California. Notwithstanding any provisions herein, Datanyze may seek injunctive relief in any court of competent jurisdiction.

  26. Agreement to Arbitrate
  27. Certain portions of this Section are deemed to be a "written agreement for arbitration" pursuant to the Federal Arbitration Act. Client and Datanyze agree that they intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act.

    If any controversy, allegation, or claim arises out of or relates to the Services, the Website, or this Agreement, then either Client or Datanyze may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in Santa Clara County, California.

  28. Attorney's Fees
  29. In any action/arbitration brought under this agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees and all other litigation

    costs, including expert witness fees, and all reasonable attorneys' fees and costs incurred in connection with the enforcement of a judgment arising from any action or proceeding.

  30. Notices/Electronic Communication.
  31. All notices given in accordance with the provisions of this Agreement shall be in writing and sent by first class mail or email, to the addresses indicated in the attached Service Purchase Letter, or such other address as either party may indicate by at least ten (10) days prior written notice to the other party.

    The Parties agree to receive electronic documents and accept electronic signatures (information attached or logically associated with such document and clicked or otherwise adopted with an intent to sign) including in counterparts which shall be valid substitutes for paper-based documents and signatures, and the legal validity of a transaction will not be denied on the ground that it is not in writing.

    Any notices to Datanyze must be sent to:

    Datanyze, Inc
    4 W 4th Ave
    San Mateo, CA 94402
    support@datanyze.com

  32. Modifications
  33. This Agreement may be modified only (i) by obtaining our written consent in an agreement signed by an officer of Datanyze; or (ii) as set forth below in the immediately following paragraph.

    Client agrees that Datanyze may modify the terms of this Agreement or any policy governing the Services from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to the Agreement by (i) posting a notice on the Website for 30 days following any revisions or modifications to this Agreement, or (ii) posting a notice on the Website the first time that you visit the Website following such revisions or modifications or (iii) providing direct notice of such changes in a communication to your client account. By continuing to use the Services following receipt of such notice, you consent to the revised or modified terms of this Agreement. Client further agrees to visit the Website at least once every 30 days to review any notices of revisions or modifications to this Agreement.

  34. Severability
  35. If any term of this Agreement is, for any reason, held to be invalid, unenforceable, or contrary to public policy, law, statute and/or ordinance, then the remainder of this Agreement shall not be affected by such determination and shall remain valid and fully enforceable.

  36. All Waivers in Writing.
  37. A failure by any Party to enforce any term of this Agreement upon its breach does not waive enforcement of the term that was violated, nor does it waive enforcement of any other term of this Agreement. To be effective, any waiver of rights under this Agreement must be in writing and signed by the Party waiving such right(s).

  38. Counterparts.
  39. This Agreement may be executed in one or more separate counterparts, each of which, when executed, shall be deemed an original and shall together constitute one Agreement, which may be sufficiently evidenced by any one counterpart, and each of which shall be fully effective against all persons executing or claiming under this Agreement. Facsimile signatures shall have the same force and effect as original signatures.

  40. Captions.
  41. The captions of this Agreement are solely for convenience of the Parties, do not comprise any part of this Agreement, and shall not be used to interpret or determine the validity of any provision in it.

  42. Complete Agreement.
  43. This Agreement is the final, complete, and exclusive Agreement concerning its subject matter, superseding any prior or contemporaneous written or oral agreements. There are no other representations, warranties, agreements or undertakings, written or oral, between or among the Parties to this Agreement, or those released in it, that are not fully expressed in this writing.

  44. Assignment; Change of Control
  45. Client agrees to provide written notice to Datanyze of any event effecting a Change of Control of Client within 15 days of such Change of Control. Either party shall have the right to assign its rights and obligations, without the consent of the other party, but subject to the provision of written notice, in connection with the transfer or sale of all or substantially all of its business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction (collectively, a “Change of Control”). Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement. Datanyze shall have the right to terminate this Agreement upon a Change of Control with respect to Client with 15 days written notice.

  46. Effective Date of this Terms of Service.
  47. This Terms of Service is effective as of February 15, 2017.


API License Addendum


This API License Addendum ("Addendum") applies to Developers and is incorporated by reference into the Terms of Use ("Agreement").

  1. Definitions. As used in this Addendum:
    1. "API" means the software program or programs in source code or executable code form, any documentation provided therewith, and any modified, updated, or enhanced versions of such items that Datanyze provides to Developer pursuant to this Addendum. The API is deemed part of the "Service" (as defined above).
    2. "API Key" means the code provided by Datanyze that permits Developer to access the API.
    3. "Developer App" means a plug-in or other software application that is (i) developed by or for Developer through use of the Service and/or the API, and (ii) complies with the requirements of this Agreement.
  2. License.
  3. Subject to the terms and conditions of this Addendum, Datanyze grants to Developer a limited, non-exclusive, non-transferable, license to: (i) internally use the API Key to access the API, (ii) internally use, perform, display, reproduce the API solely as necessary to develop, maintain and support the Developer App, in accordance with the specifications included in the API; (iii) provided that the Developer App complies with all requirements in this Agreement, reproduce and distribute copies of the API (in its original form or as modified), in executable code form only, solely as incorporated into the Developer App to End Users pursuant to a binding written agreement.

  4. Restrictions.
  5. Developer acknowledges that the API and its structure, organization, and source code constitute valuable trade secrets of Datanyze. Developer agrees not to disclose, distribute, sublicense, lease, rent, loan, resell or otherwise transfer the data received from the Service or API, the Service or API (other than those elements incorporated into the Developer App) or the API Key to any third party. Developer must reproduce, on all copies made by or for Developer, and must not remove, alter, or obscure in any way all proprietary rights notices (including copyright notices) of Datanyze on or within the copies of the API. Developer will immediately notify Datanyze if Developer becomes aware of any material breach relating to the API.

  6. App Policy.
  7. Developer is solely responsible and liable for the Developer App. Developer is solely responsible for supporting the Developer App. The Developer App must comply with the following (the "App Policy"): the Developer App may not (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any laws or regulations (including any privacy laws) or any obligations or restrictions imposed by any third party; (iii) be unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, or be otherwise objectionable; (iv) be harmful to minors in any way; (v) contain any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

  8. Confidentiality.
  9. "Confidential Information" includes the API Key and API and any other materials of Datanyze that Datanyze designates as confidential or which Developer should reasonably believe to be confidential. Developer shall hold Datanyze's Confidential Information in confidence and shall neither disclose such Confidential Information to third parties nor use Datanyze's Confidential Information for any purpose other than as necessary to perform under this Addendum. Developer agrees to limit access to the Confidential Information to those employees, agents, and representatives who are necessary for Developer to perform its obligations under this Addendum. All such employees, agents, and representatives must have a written confidentiality agreement with Developer that is no less restrictive than the terms contained herein. Developer will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as Developer protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The foregoing restrictions on disclosure shall not apply to Confidential Information that is (a) already known by Developer; (b) becomes, through no act or fault of Developer, publicly known; (c) received by Developer from a third party without a restriction on disclosure or use; or (d) independently developed by Developer without reference to Datanyze's Confidential Information.

  10. Term and Termination.
  11. This Addendum will remain in effect until the Developer's subscription has expired or it has been terminated.


Datanyze Business Contact Database and Exchange Addendum


Last Updated: February 15, 2017

  1. Introduction:
    • Welcome to the Datanyze Business Contact Database and Exchange! Your use of the Business Contact Database (the “Database”) and the Datanyze Exchange service (the “Exchange”), and any other software or services offered by Datanyze in connection with the Datanyze Exchange service (collectively with the Database and the Exchange, the “Database-Related Services”) is governed by these terms of use (the “Terms”), so please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” and “Datanyze” refer to Datanyze, Inc., the providers and operators of the Services.
    • These Terms incorporate by reference the provisions of Datanyze’s standard Terms of Service (the “Standard Terms”), found at https://www.datanyze.com/tos. In the event of any conflict between these Terms and the Standard Terms, these Terms shall be controlling in all matters specifically concerning your use of the Datanyze-Related Services.
    • In order to use the Database-Related Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
    • You must be over 18 years of age to use the Database-Related Services, and individuals under the age of 18 cannot use or register for the Database-Related Services.
    • You agree your purchases and/or use of the Database-Related Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Datanyze or any of its affiliates regarding future functionality or features.
    • BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE DATABASE-RELATED SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE DATABASE-RELATED SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
  2. Description of Services:
    • The Exchange, together with other Datanyze functionality, collects and organizes data about businesses and employees from users and makes this data available for business use.
    • To use the Database-Related Services, you will be required to provide us with access to your email account. By providing us with access to your email account, you will provide us with access to certain information related to businesses and business people (“Client Data”) stored by the application that your computer uses to manage your email and contacts, known as an "email client" (e.g., Microsoft Outlook) or a provider of cloud services for email (e.g. Google Apps). Such information may be collected from the contacts within your email client as well as from email headers and signature lines within email messages.
    • Users do not qualify for live phone support and must make use of online self-help support documentation and email support options.
  3. Your Account:
    • In the course of registering for or using the Database-Related, you may be required to provide Datanyze with certain information, including your name, contact information, username and password (“Credentials”). Datanyze handles such information with the utmost attention, care and security. Nonetheless, you, not Datanyze, shall be responsible for maintaining and protecting your Credentials in connection with the Database-Related. If your contact information or other information relating to your account changes, you must notify Datanyze promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Datanyze of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Datanyze immediately.
  4. Content:
    • A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Database-Related by Datanyze or its suppliers (“Datanyze-Supplied Content”). While Datanyze strives to keep the Content that it provides through the Database-Related accurate, complete, and up-to-date, Datanyze cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Datanyze-Supplied Content.
    • You agree that you are solely responsible for (and that Datanyze has no responsibility to you or to any third party for) any Client Data that you provide to Datanyze, and for the consequences of your actions (including any loss or damage which Datanyze may suffer) in connection with such Client Data. If you are registering for these Database-Related Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any Client Data that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Database-Related Services.
    • Datanyze may refuse to accept, store, or otherwise maintain your Client Data for any or no reason. Client Data that is deleted may be irretrievable. You agree that Datanyze has no responsibility or liability for the deletion or failure to store any Client Data or other communications maintained or transmitted through use of the Database-Related Services. Except as set forth in any applicable Datanyze Privacy Policy, Datanyze reserves the right (but shall have no obligation) to remove Client Data from the Database-Related Services, in its discretion.
    • By using the Database-Related Services and providing Datanyze with access to your email client and/or email account, you grant Datanyze and any of its affiliates the following licenses: (x) a license to access Client Data that you have stored in your email client and/or email account, including in your contacts list and email messages, until you revoke access through your Google account and (y) an irrevocable license to use, reproduce, distribute, publish, perform, modify, create derivative works from or display the Client Data, and sell, transfer, assign, disclose, or make available the Client Data to any third party, including Datanyze's customers, contractors, strategic partners, agents and service providers. The foregoing license grants to Datanyze shall be worldwide, non-exclusive, and royalty-free, and Datanyze shall have the right to sublicense, assign, or transfer such licenses in its discretion
    • Datanyze does not wish to receive confidential or proprietary information from you through the Services. Therefore, any Client Data that you provide to Datanyze will be deemed NOT to be confidential.
  5. Proprietary Rights:
    • You acknowledge and agree that Datanyze (or Datanyze’s licensors) own all legal right, title and interest in and to the Services and Datanyze-Supplied Content and that the Database-Related Services and Datanyze-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
    • Except as provided in Section 4, Datanyze acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Client Data that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Datanyze, you agree that you are responsible for protecting and enforcing those rights and that Datanyze has no obligation to do so on your behalf.
  6. License from Datanyze and Restrictions on Use:
    • Datanyze gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Datanyze-Supplied Content provided to you as part of the Database-Related Services. This license is solely for your personal and/or your internal business use only, subject to the limitations set forth herein. You may not develop or derive for commercial sale any data in any form that incorporates or uses any Datanyze-Supplied Content. Except with the prior written consent of Datanyze, you may not transfer or disclose any Datanyze-Supplied Content to anyone else. You may not use the Services in a commercial service bureau environment including any provision or export of Information to third parties in any form whatsoever. You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Datanyze-Supplied Content, except that you may store, print and/or email personal or company summaries of Datanyze-Supplied Content as needed for your personal and/or internal business purposes only.
    • You may not (and you may not permit anyone else to: (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Datanyze, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
    • You may not utilize the Services to “scrape” information from the Database-Related Services, 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 Datanyze Exchange database, other than the search engine and search agents made available through the Database-Related Services.
    • You may not engage in any activity that interferes with or disrupts the Database-Related Services (or the servers and networks which are connected to the Database-Related Services).
    • You may not access the Database-Related Services in a manner intended to avoid incurring fees.
    • You may not access the Database-Related Services for the purpose of bringing an intellectual property infringement claim against Datanyze or for the purpose of creating a product or service competitive with the Database-Related Services.
    • You agree that you will not upload, record, publish, post, link to, transmit or distribute Client Data, or otherwise utilize the Database-Related Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Datanyze, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; (vii) violates any industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies; or (viii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, false advertising, or the U.S. CAN-SPAM Act of 2003).
    • You may not use the Database-Related Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Database-Related Services. You affirm that you are over the age of 18, as the Services are not intended for persons under 18.
  7. Payment Terms:
    • Payment of fees for Database-Related Services is governed by the payment terms of the Standard Terms (including Section 7 thereto) and any applicable terms set forth in the Service Purchase Letter between You and Datanyze.
  8. Privacy Policies:
    • These Services are provided in accordance with our Privacy Policy, which can be found at https://www.datanyze.com/privacy. You agree to the use of your Client Data and personal information in accordance with these Terms and Privacy Policy.
  9. Modification and Termination of Services:
    • Datanyze is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Database-Related Services which Datanyze provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Database-Related Services will be effective with respect to all versions of the Database-Related Services; examples of changes to the form and nature of the Database-Related Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Database-Related Services from time to time will be subject to these Terms, unless stated otherwise.
    • You may terminate these Terms at any time by canceling your account. You will not receive any refunds or compensation if you cancel your account.
    • You agree that Datanyze, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Datanyze will not be liable to you or any third party for such termination.
    • Upon any termination of the Database-Related Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  10. Changes to the Terms
    • These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Database-Related Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Database-Related Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Database-Related Services. Please visit this page regularly to review these Terms for any changes.
  11. DISCLAIMER OF WARRANTY
    • YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DATABASE-RELATED SERVICES ARE AT YOUR SOLE RISK AND THAT THE DATABASE-RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
    • DATANYZE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE DATABASE-RELATED SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DATANYZE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE DATABASE-RELATED SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE DATABASE-RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE DATABASE-RELATED SERVICES WILL BE ACCURATE.
    • NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT DATANYZE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
  12. LIMITATION OF LIABILITY
    • SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATANYZE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR DATABASE-RELATED SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
    • THE LIMITATIONS ON DATANYZE’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT DATANYZE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    • SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DATANYZE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).
  13. Representations and Warranties; Indemnification
    • You represent, warrant and covenant that no Client Data of any kind submitted through your account will (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (b) contain libelous or otherwise unlawful material.
    • You agree to hold harmless and indemnify Datanyze, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Datanyze and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Database-Related Services, (c) your provision of Client Data to Datanyze, (d) your violation of applicable laws, rules or regulations in connection with the Services, or (e) your Client Data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
  14. Third-Party Content
    • The Database-Related Services may include references or hyperlinks to other web sites or content or resources or email content. Datanyze has no control over any web sites or resources which are provided by companies or persons other than Datanyze.
    • You acknowledge and agree that Datanyze is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    • You acknowledge and agree that Datanyze is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  15. Third Party Software
    • The Database-Related Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
  16. Feedback
    • You may choose to or we may invite you to submit comments or ideas about the Database-Related Services, including without limitation about how to improve the Database-Related Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Datanyze under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
  17. Miscellaneous
    • These Terms, together with our Standard Terms and the Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Datanyze to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Datanyze must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Datanyze may assign these Terms at its discretion. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
  18. Contact Us
    • If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@datanyze.com
    • When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.