Restrictions on Use of Email Services: The following practices are prohibited when using the Service’s email capabilities:

• Sending emails from generic group distribution addresses (e.g., hello@, marketing@).
• Failing to include appropriate opt-out mechanisms in commercial emails or not complying with applicable laws or best practices related to opt-outs.
• Using a fictional identity, pseudonym, or alias to send emails.
• Sending emails that generate an unacceptable level of bounces, spam, or complaints, as determined at our discretion.
• Transmitting material that contains or links to viruses, trojan horses, worms, or any malicious software.
• Using the Service in conjunction with unsolicited or harassing messages, including unsolicited emails, text messages, or phone calls.

Notice of Violation; Suspension: If you suspect a violation of these restrictions, notify us at [appropriate email address]. We will determine compliance with these restrictions at our sole discretion. If we confirm or reasonably suspect a violation, we may immediately terminate your access to the Service. Upon our written demand, you must cease all use of the Service and Output Data.

Our Marks: The names and logos associated with the Service are our trademarks and may not be copied, imitated, or used without our prior written permission.

6. Ownership of Submitted Data; Our License to Use and Share the Submitted Data

Ownership: You retain ownership of all rights, titles, and interests in the Submitted Data.

Licenses You Grant to Us: You grant us the following licenses:

• Use and Process: To host, access, copy, use, transfer, and process the Submitted Data to provide, develop, and improve the Service.
• Analysis: To analyze Submitted Data, including through machine learning, to provide, develop, and improve the Service. You retain ownership of the Submitted Data, and we retain ownership of system performance data, machine learning algorithms, and aggregated results.
• Enrichment: To use Submitted Data to grow, enrich, and verify Output Data included in the Contributor Database, without publicly associating you with any such Submitted Data.
• De-identified Use: To use, share, sublicense, display, copy, publish, and distribute Submitted Data in aggregated, de-identified form for any purpose, in any medium.

These licenses are worldwide, non-exclusive, irrevocable, perpetual, and royalty-free. We may sublicense, assign, or transfer these licenses at our discretion.

Representations You Make to Us: You represent and warrant that:

• You have all necessary rights, permissions, and authority to provide and license the Submitted Data to us for our use as described.
• The Submitted Data is true, accurate, and pertains to living persons, and does not contain any sensitive information, including information about individuals under the age of 18.
• Providing the Submitted Data does not violate the U.S. HIPAA law or the GLBA (Gramm-Leach-Bliley Act).

7. Required Consumer Consents and Permissions; Your Responsibilities

Responsibility for Your Use of Output Data: You are solely responsible for your use of the Output Data and any communications made in connection with your use of the Output Data.

Notice and Consent: You acknowledge that in some jurisdictions, you may be required to obtain consent, provide notice, or take other actions to lawfully conduct certain types of marketing activities or process personal information. You are solely responsible for obtaining such consents, providing notices, or taking any other required actions.

Legal Bases for Processing: When accessing, receiving, or processing Output Data subject to privacy and security laws, such as GDPR, you agree to do so:

• Pursuant to explicit consent from the data subject, sufficient to comply with applicable laws, or
• Pursuant to another legal basis for processing under applicable law, such as legitimate interests under GDPR, for purposes like data validation or updating your customer database.

Compliance with Law: You must comply with all applicable laws related to your use of the Service. We make no representation regarding what the law requires, and you should not rely on us for legal guidance. You are solely responsible for understanding and complying with all applicable laws.

8. Data Privacy and Security

Data Processing Agreement: Our Data Processing Agreement is incorporated by reference into these Terms. Both parties must comply with its terms concerning the processing of personal information in connection with these Terms.

Privacy Policy: You acknowledge the collection, use, disclosure, and other handling of information, including personal information, as described in our Privacy Policy, which we may update from time to time.

Nature of Exchange: The Service contains cooperative elements, meaning that in exchange for providing Submitted Data for our use, and potentially for the use of other customers through our Contributor Database, you receive access to Output Data. This exchange may constitute a “sale” of personal information under certain laws, requiring specific disclosures or consumer rights. We may provide materials or recommendations regarding these requirements, but they are advisory and not legal advice. You should consult legal counsel regarding any applicable requirements.

10. Limitation of Liability

Limitation of Liability: Except for indemnification obligations or breaches of Section 5 (Ownership and License Restrictions), neither party shall be liable to the other for any loss of profits, loss of use, loss of data, business interruption, or any indirect, incidental, special, or consequential damages arising from or in connection with the Service. This includes delays, security breaches, or any content, products, or services obtained through the Service, regardless of the theory of liability (contract, tort, strict liability, etc.), even if the party was advised of the possibility of such damages.

Aggregate Liability: In no event shall our aggregate liability for any claim related to these Terms or the Service exceed the total amount paid by you to us during the 12 months before the claim arose.

Additional Disclaimers: Any additional disclaimers within the Service are incorporated by reference. If these disclaimers place greater restrictions on your use of the Service, such restrictions shall apply.

Some jurisdictions restrict or do not allow the foregoing limitations of liability, in which case the limitations will apply to the fullest extent permitted by law.

11. Arbitration, Class Action Waiver, and Applicable Law

Arbitration and Class Action Waiver:

• Federal Arbitration Act: These Terms of Service affect interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions.
• Initial Dispute Resolution: Most disputes can be resolved without litigation. You and we agree to use reasonable efforts to settle any dispute or claim through good faith negotiations before initiating a lawsuit or arbitration. To commence this procedure, contact our support department at [appropriate email address].
• Binding Arbitration: If we cannot reach a resolution within 10 days from the initiation of informal dispute resolution, we agree to resolve by arbitration any disputes arising from or related to these Terms or the Service.
• Governing Arbitration Rules: All claims subject to arbitration will be finally settled by binding arbitration administered by JAMS, following the rules in effect at the time the arbitration is initiated, excluding any rules that permit class actions. The arbitrator will have exclusive authority to resolve disputes related to the interpretation, applicability, enforceability, or formation of these Terms, except for the validity of the Class Action Waiver, which only a court can address. The arbitrator may award any relief available in a court of law. The arbitrator’s award will be written, binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
• Class Action Waiver: Arbitration will be conducted individually and not as a class or representative action. Both parties waive their right to file or join a class action. If the class action waiver is found to be unenforceable, the arbitration and class action waiver provisions will be null and void, and the parties will not be required to arbitrate disputes.

30-Day Right to Opt-Out: You can opt out of the arbitration and class action waiver provisions within 30 days of agreeing to these Terms by sending written notice to [appropriate email address]. If you opt out, these provisions will not apply to you or us.

Changes to This Section: We will provide 60 days’ notice of any changes to the arbitration and class action waiver provisions, which will apply prospectively only to claims arising after the 60th day. If a court or arbitrator finds that this subsection is unenforceable, the original arbitration and class action waiver provisions will apply.

Survival: This section will survive the termination of these Terms.

Limitations to Arbitration Agreement:

• Intellectual Property Claims: Either party may bring an action in state or federal court or before the U.S. Patent and Trademark Office to protect its intellectual property rights.
• Small Claims Court: Either party may seek relief in small claims court for disputes within its jurisdiction.

Applicable Law: These Terms are governed by the laws of the State of [Your State], without regard to its conflict of law provisions. Any claims not subject to arbitration must be resolved in the courts located in [Your County], and both parties agree to submit to the personal jurisdiction of those courts.

12. Indemnification

You agree to indemnify, defend, and hold us, our affiliates, directors, officers, employees, contractors, and agents harmless from any claims, losses, liabilities, damages, costs, or expenses (including attorneys’ fees) arising out of:

1. Your use of the Service.
2. Your breach of these Terms.
3. Your violation of any applicable law or the rights of any third party.
4. The Submitted Data.

We may participate in the defense of any claim with counsel of our choice at your expense. You may not settle any claim that imposes any obligation on us without our prior written consent.

13. Changes to the Service

We may change the features and functionality of the Service at any time, including adding, modifying, or removing any features or functionality or altering the amount of Output Data or access provided. The Terms will apply to any changed version of the Service. We may also suspend or stop the Service altogether and impose or alter fees for new or existing aspects of the Service.

14. Confidentiality

Confidential Information: During these Terms, either party (the “Disclosing Party”) may disclose to the other party (the “Receiving Party”) non-public, proprietary, or confidential information designated as confidential or that should reasonably be understood as confidential. Confidential Information does not include information that:

1. Is or becomes publicly available through no breach of this section.
2. Is obtained lawfully from a third party without restriction on disclosure.
3. Was in the Receiving Party’s possession before disclosure, as evidenced by its records.
4. Is independently developed without using the Disclosing Party’s Confidential Information.

Obligations: The Receiving Party will:

1. Protect the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as it protects its own, but no less than a commercially reasonable degree of care.
2. Not use Confidential Information except to exercise rights or perform obligations under these Terms.
3. Not disclose Confidential Information to any person or entity, except to employees, agents, contractors, attorneys, or representatives who need access to perform obligations under these Terms.

Required Disclosure: If the Receiving Party is required by law to disclose Confidential Information, it will notify the Disclosing Party before disclosure, allowing the Disclosing Party to seek a protective order or other remedy.

Return or Destruction: Upon request, the Receiving Party will return or destroy the Disclosing Party’s Confidential Information, except for electronic information retained in compliance with standard data retention and backup procedures.

Remedies: Breach of this section may result in irreparable harm, and the Disclosing Party may seek injunctive or other equitable relief without the need for a bond.

Conflicting Obligations: The provisions of this section supersede and replace any previous confidentiality agreements between the parties.

15. Equitable Relief

In the event of a breach of the Resale Restriction in Section 5, you agree that monetary damages may not be sufficient. We may seek specific performance, injunctive, or other equitable relief, including disgorgement of profits, without the need for a bond. If we prevail, you will be responsible for our reasonable attorneys’ fees and costs.

16. Miscellaneous

Complete Agreement: These Terms are the entire agreement between you and us regarding the Service and replace any prior agreements or understandings.

Relationship: The relationship between you and us is that of independent contractors. Nothing in these Terms creates any other relationship, such as a partnership or employment relationship.

Assignment: We may assign these Terms at our discretion. You may not assign, sublicense, or transfer these Terms or the license granted to you.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in effect.

Waiver: Failure to enforce any part of these Terms will not be considered a waiver. A waiver must be in writing and signed by the party granting it.

Notice: Legal notices to us must be sent to [your email or physical address]. We will send legal notices to you via the Service or the email address you provided.

Termination:

• For Cause: Either party may terminate these Terms for cause if the other party breaches these Terms and fails to cure the breach within 30 days (10 days for non-payment).
• For Convenience: For paid subscriptions, we may terminate these Terms for convenience with 30 days’ notice. For unpaid accounts, either party may terminate immediately with notice.
• Effect of Termination: Upon termination, your access to the Service will end, except as provided in Section 4.
• Inactivity: We reserve the right to deactivate or delete accounts with no activity for six months.
• Survival: Sections 1, 5-12, 14-16 will survive termination.

Force Majeure: We are not liable for failure or delay in performance caused by events beyond our control, including natural disasters, internet failures, strikes, and acts of war or terrorism.

Monitoring: We may monitor the Service for compliance with these Terms and reserve the right to terminate your account for violations.