Fair Use Policy and Feature-Specific Terms

Applicability

  • This Fair Use Policy and Feature-Specific Terms (collectively, “Supplementary Terms”) form part of the master services agreement or terms and conditions (as applicable) and are incorporated therein, all of which, together with the order form or package (as applicable), constitute the “Agreement” between Customer and FindThatLead. FindThatLead’s Privacy Notice shall be incorporated into the Agreement.
  • The Supplementary Terms apply to the use of the FindThatLead Platform and any product, feature, service, and/or website provided by FindThatLead (a “Feature”) (collectively, the “Services”), whether it is provided directly or indirectly through another party to Customer. The Supplementary Terms protect the interests of all of FindThatLead’s Customers and their End-Users, as well as FindThatLead’s goodwill and reputation. By using FindThatLead’s Platform and Features, Customer agrees to comply with the provisions of the Supplementary Terms. The Supplementary Terms may be amended from time to time by FindThatLead, so please check back here for current information.

Restrictions

  • Customer shall use the Services in a responsible and professional manner consistent with the intended and permissible uses and consistent with standard industry practice.
  • Customer agrees not to:
    • Run such a number of searches or visit such a number of Business Contacts as to exceed reasonable fair use limitations. The concept of ‘fair use’ includes, but not be limited to, manual use of the Services by individual and authorized End-Users and not by any automated or electronic tools. Should FindThatLead determine that Customer has run queries more than what reasonably can be undertaken manually by the number of individual End-Users, it shall be conclusively presumed that automated or electronic tools were used in violation of the Supplementary Terms. In such an instance, in addition to any other damages to which it may be entitled under law, FindThatLead shall have a right, at its sole election, to Suspend or impose Limitations on the Services.
    • Use the Platform in any way that causes, could be reasonably expected to cause, or is intended to cause damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
    • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Services.
    • Use the Platform to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
    • Republish material from the Services (including republication on another website).
    • Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy any Data.
    • Violate the security of the Service including by: (a) logging in to a server or account that Customer is not authorized to access, or assist others to do so; (b) attempting to test, scan, probe or hack the vulnerability of the Service or any network used by the Service or to breach security, encryption, or other authentication measures; (c) overriding or circumventing, or attempting to override or circumvent, any security feature, control, or use limits of the Services or Platform; (d) attempting to interfere with the Service by overloading, flooding, pinging, mail bombing or crashing it; or (e) using or attempting to use any engine, software, tool, agent or other device, method, or mechanism (including without limitation browsers, spiders, robots, or intelligent agents) to navigate or search any portion of the Services.

Measures

FindThatLead reserves the right to monitor its Customers’ usage of the Platform to ensure compliance with the terms of the Agreement and Supplementary Terms and to suspend, revoke, deny, disable, or terminate Customer’s access if Customer violates any provisions of the Supplementary Terms or if Customer’s behavior exceeds reasonable limits, as determined in FindThatLead’s sole discretion, e.g.: FindThatLead may restrict the number of Business Contact views per End-User or account in a certain period of time (per day/ week/ month etc.).

FindThatLead may use technological means to place reasonable use limits to prohibit excessive use, including excessive downloads or screen views that indicate a violation of the Supplementary Terms. In the event of such limitation, Customer may request that the limit be removed, and FindThatLead may remove or modify a particular limitation if it determines in its sole and absolute discretion that the proposed use by Customer is in good faith and otherwise consistent with the Supplementary Terms.

FindThatLead Unlimited Credits

Unlimited Credits

  • “Unlimited Credits” means the use of Credits to manually select and reveal the contact details of Business Contacts one-by-one (“Manual Select and Reveal”) or select and reveal multiple Contacts at a time. These actions may be performed an unlimited amount of times. Use of Unlimited Credits is subject to the applicable Fair Use Limitations.

Fair Use

  • The Fair Use Limitations applicable to the use of Unlimited Credits are set out below.
    • Unlimited Credits:
      • Limited to 15.000 Credits per month per paid plan
    • Unlimited Users:
      • Limited to 25 Users per account
    • Unlimited Campaigns:
      • Limited to 100 created campaigns.

Limitations

  • 15.000 Unlimited Credits/month/account – End-User’s unlimited access is paused. CSM can unpause or give more credits to End User if determined by FindThatLead as reasonable.
  • Limited to 150 daily emails send as a fair use and to avoid using the tool to send spam or unsolicited mass email

FindThatLead Sender

  • Use of FindThatLead Sender

    • In order to use FindThatLead Sender, each End-User (“End User”) must link a third-party email account to FindThatLead Sender and grant FindThatLead certain rights with respect to End User Data. Through End User’s use of FindThatLead Sender, End User grants to FindThatLead permission to obtain access to End User’s email account in order to be able to send emails and detect replies via FindThatLead Sender. Used herein, “End User Data” refers to any data and content stored or transmitted via FindThatLead Sender by or on behalf of End User. FindThatLead does not claim any ownership over any End User Data.
  • End User Responsibilities and Obligations

    • You are solely responsible for your conduct, the content of End-User Data and your communications with others while using FindThatLead Sender. It is agreed that it shall be Your responsibility to ensure that You have all rights and permissions needed to comply with the Agreement and to avoid infringement or violation of any rights of others.
    • You must keep your information updated, and notify us promptly if any information in relation to your account has changed. Any failure by FindThatLead to provide FindThatLead SEnder resulting therefrom shall not be attributed to FindThatLead in any respect.
    • You are responsible for maintaining and protecting all of End-User Data. FindThatLead will not be liable for any loss or corruption of End-User Data, or for any costs, fees, or expenses associated with backing-up or restoring End-User Data.
    • You acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients.
  • FindThatLead has no obligation to monitor any information on FindThatLead Sender. Furthermore, FindThatLead is not responsible for the accuracy, completeness, appropriateness, safety or legality of End-User Data or any other information or content you may send, or be able to access using FindThatLead Sender.

  • Miscellaneous

    • All emails may be verified for their validity in order to provide high-quality deliverability standards, lower bounce rates, and maintain a high deliverability reputation for our customers. Email addresses that are detected as invalid may be blocked by the system and the user will be notified by the system, accepting any responsibility on the usage of FindThatLead Sender on those emails. In order to provide this safeguard service to our customers, You agree that FindThatLead may use data regarding the status of email validity and deliverability (i.e. bounced, invalid, valid, risky) for any email that is imported or added manually to an account to improve the internal email validation functionality and the services.
    • FindThatLead does not guarantee that End-User Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction and shall not be responsible for any restrictions placed upon your use of your relevant email service. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect End-User Data when you are transmitting it to FindThatLead and to keep your own backup copies of End-User Data. You are solely responsible for protecting your passwords, limiting access to your computers and devices.
  • Acceptable Use

    • You will not, and will not attempt to, use FindThatLead Sender to violate any laws, including any applicable SPAM laws, GDPR laws, any applicable email service terms of service, or any rights of FindThatLead or any other person or otherwise misuse or inappropriately use FindThatLead Sender, and will use FindThatLead Sender only in a manner consistent herewith, as it may change from time to time in our discretion.
    • When using our service to send bulk campaigns, all messages must comply with all applicable laws and regulations where you or FindThatLead operates or the recipient of your message is located.
    • The following practices are not permitted from our service and would be a violation of these Terms, they are provided as examples, are subject to change and should not be considered exhaustive.
      • Failing to provide an opt-out method in any commercial message or failing to comply with applicable law and your internal policies to any request by a recipient not be contacted;
      • Sending from group/distribution lists or role email addresses including hello@ success@ sales@ or similar;
      • Sending emails from a fictional identity or using a pseudonym, assumed identity or alias;
      • Attempting to hide the number of bounces resulting from activity coming from FindThatLead;
      • Sending an email that results in an unacceptable number of spam or UCE complaints (even if the messages themselves are not actually spam or UCE);
      • Attempting to disguise the origin or subject matter of any message or falsifying or manipulating the originating email address, subject line, headers, or the transmission path;
      • Transmitting any material that contains or links to viruses, trojan horses, worms or any other malicious, harmful, or deleterious program, software or application;
      • Using FindThatLead Sender in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
    • FindThatLead Sender operates under a Fair Use Policy in order to prevent potential abuse. We provide a limit of 250 emails per day due to the limitation imposed by Gmail and other service providers. The number of sequences is unlimited under the fair use policy that limits it to 100 campaigns at same time, End-User may always remove older campaigns/sequences to create a new one.

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