Terms and Conditions
emprefy.com and its associated platform offer the "Service," which includes any website or mobile application where the corresponding Terms ("Website") are presented, as well as any information, service, activity, or transaction offered, made available, or facilitated through them. These Terms of Service ("Terms of Service" or "Terms") constitute a legally binding agreement that applies to the Service and governs its use, as well as the relationship between you ("you" or "your") and us. By performing any of the following actions, you accept and agree to these Terms of Service:
- By accessing or using the Service.
- By accepting these Terms of Service by clicking to accept them.
- By accepting these Terms of Service in any other way.
If you fail to comply with these Terms of Service or if you do not agree with them, you must not access the Service (and you are not authorized to do so). On the other hand, if you intend to share or receive data from European residents with us, we recommend that you refer to the corresponding Section, which you must accept.
Regarding modifications to the service and the terms of service
We reserve the right to make changes to the Service at any time, including both its features and functionalities. These changes may involve any alteration, addition, modification, or removal of any feature or functionality of the Service. It is important to note that the Terms of Service will apply to any modified version of the Service. Likewise, we reserve the right to suspend or terminate the Service, either partially or in its entirety. Additionally, we may establish or modify fees related to new or existing aspects of the Service.
Similarly, we reserve the right to make modifications to these Terms of Service at our sole discretion, either by posting updated versions on the website or by sending a notice. All changes made will take effect upon the posting of the revised Terms of Service on the website or through the corresponding notification.
Eligibility Restrictions
To use the Service, you must have reached the legal age of majority in your jurisdiction of residence. If you are under the legal age of majority, you should not use the Service or provide us with the submitted Data (mentioned later).
About Your Account and Credentials
To access most functions of the Service, it will be necessary to register an account, which may involve submitting data ("Submitted Data") or receiving data ("Output Data") in most cases. You must review and accept the rules governing both Submitted and Output Data. These rules also apply to your account. You may only provide account information that is owned by you and is true and accurate. You must ensure that your contact information is kept up to date. In this section, we take the opportunity to recommend that you change your access password periodically to maintain an optimal level of security. Similarly, we request that you do not share your password or account credentials with anyone.
You are solely responsible for maintaining the confidentiality of your account information, including your username and password, and for restricting access to your computer and other devices. You understand and acknowledge that you will be responsible for any activity that occurs through your account.
Account Security
We do not provide guarantees regarding security. Despite our efforts to maintain the highest level of security, there is a possibility that unauthorized third parties may access your information, for example, through web data extraction tools (although such behavior is not authorized and is also prohibited).
Among other considerations, we would like to remind you of the following points:
Client users are responsible for maintaining the confidentiality of user IDs and passwords used to access the Company's systems at all times. The client agrees to maintain the confidentiality of the Company's intellectual property and proprietary information.
Client users are responsible for keeping their operating systems up to date and having active antivirus software on devices used to connect to the company's environment.
Client users are responsible for accessing the Company's network, systems, or applications only through encrypted connections.
Clients are responsible for ensuring that non-active employees do not have access to the application. Therefore, after termination or the end of the employment relationship, access to the Company's application must be revoked within a maximum period of 24 hours after termination.
Clients must notify the company within a maximum period of 72 hours of any security incident that may have implications for the company (for example, the misuse of credentials of a user of the company's application, theft of a computer or device, network incidents, among others).
For your information, emprefy.com has a team dedicated to vulnerability detection. Please contact us ([email protected]) if you identify or suspect any vulnerabilities in our services.
Linked Services
The Service may include links to third-party websites and services that are not owned or controlled by us. At times, the Service may provide integrated links or content from such services, such as promotions or information hosted on a third-party website. We are not responsible for these third-party websites, services, or content. If you choose to visit, access, or interact with such websites, services, or content, you do so at your own risk and agree that we assume no liability arising from such access.
The License for the Service
You are granted a license to use the Service and Output Data exclusively for personal and/or internal business purposes, subject to the prohibitions and restrictions set forth herein. Additionally, you are granted a license to store, print, or make a copy of the Output Data provided solely for internal business or personal purposes. It is strictly prohibited to resell, distribute, or create derivative works from the Service or Output Data. Furthermore, you are not authorized to develop any service, product, toolkit, dataset, or derivative work from the Output Data or the Service, whether in aggregated or non-aggregated form, and whether in identifiable or anonymized form.
Data Exchange and Rights: Our Free Services
When you provide Output Data through the Service, you understand and agree to the following points (unless expressly replaced by other agreements):
- Nature of Data Exchange. The Service may include some "collaborative" aspects. This means that by providing us with Submitted Data and possibly allowing its use by other clients (at our sole discretion), you will gain access to Output Data. While we strive to establish a fair and optimal exchange, you understand and agree that we may modify these terms or the nature of the Service at any time, as well as adjust the amount of Output Data or other types of access we provide. Furthermore, you agree that it is solely at our discretion to make such changes. We also have the authority to terminate your account or restrict your access to the Service at any time, for any reason, including (but not limited to) any violation of these Terms of Service by you or through your account. Additional rules or policies may be established or implemented through the Service, including any portal through which you submit or receive data; such rules or policies will be considered incorporated by reference into these Terms of Service, and you agree to comply with them.
- The licenses you grant us. If you provide us or make available the Submitted Data (such as names, addresses, business titles, contact phone numbers, or other personal information), you grant us various licenses to use such data (and represent that you have the right to grant such license):
- You grant us a perpetual and irrevocable license to access and use the Submitted Data in an aggregated form for the purpose of providing, developing, and improving the Service and our data assets. However, we commit not to publicly reference you or the company you work for in connection with the Submitted Data, nor will the Submitted Data be used in a manner that infringes any contract we have entered into or any applicable law. Additionally, you grant us the perpetual and irrevocable right to sublicense, make available, copy, display, publish, or distribute the Submitted Data to any third parties, including our clients, business partners, and service providers.
- You also grant us the right to create derivative works, data models, or modeled datasets using the Submitted Data. You acknowledge and agree that we will be the owners of such derivative works (though not of the Submitted Data itself, which is separate from the derivative works). For example, we would own aggregated or modeled dataset creations that combine data from multiple providers to form a new type of dataset. Additionally, if we use multiple sets of Submitted Data (from various providers) to derive data analytics about specific industries, buyers, or industry prospects, those would also be considered derivative works. You also agree that we have the perpetual and irrevocable right to use, share, sublicense, display, copy, publish, and distribute the Submitted Data in an aggregated and anonymized form, for any purpose and through any medium.
- The aforementioned license grants to emprefy.com shall be non-exclusive, perpetual, and royalty-free. Furthermore, emprefy.com shall have the right to sublicense, assign, or transfer such licenses at its discretion.
Representation
It is a requirement that you have the right to grant us the licenses described above. If you do not have such right, please refrain from providing us with any data. We kindly request that you take the necessary time to confirm this if you are unsure. Accordingly, you warrant and represent that you have all necessary rights, permissions, and/or authorizations to provide us with the Submitted Data, and that by doing so, you will not infringe any contractual obligations or applicable laws.
- Furthermore, you warrant and represent that the Submitted Data does not contain any information about individuals under the age of 18.
- You warrant and represent that by providing us with the Submitted Data, you are not infringing the United States HIPAA law, nor are you providing customer list data from an entity covered by the GLBA.
For example, the Submitted Data should not include a list of hospital or physician patients, or any similar dataset containing patient or customer information from an entity covered by HIPAA.
- You warrant and represent that the Submitted Data you provide to us is truthful and accurate, and pertains to individuals who are alive.
About Ownership Rights
All rights, titles, and interests in relation to the Service, including but not limited to patents, copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights, as well as any intangible assets associated with the Service, are the exclusive property of emprefy.com. We are the owners of any design feature or inherent product of the Service, including the organization, preservation, presentation, and delivery of the data, as well as any knowledge or intellectual property associated with the creation, provision, display, or availability of the Service. The names and logos of emprefy.com are trademarks owned by us, and reproduction, imitation, or use in whole or in part is strictly prohibited without our prior written consent.
Please note that these Terms of Service do not grant you any ownership or title to any of the aforementioned elements. Therefore, you are not allowed to use the Data Output to create derivative works, services, or products, nor resell or sublicense the Data Output in any manner or form.
Restrictions on Service Usage and Account-Level Restrictions
You agree to certain restrictions on the use of the Service. You are prohibited from:
- You must not allow anyone else to use your account or have access to it. You are not allowed to share your password or account credentials with third parties.
- You are not permitted to transmit false or fictitious information to or through the Service.
- Automated access to the Service is not allowed. Extracting data from the Service in a manner that exceeds our authorization or violates these terms or any other policies or restrictions we have implemented is prohibited. This includes the use of any engine, software, tool, or other device or mechanism that is not authorized to navigate or search any part of the Site (unless it is through the search engine and search agents available through the Service).
- Reverse engineering, decompiling, or disassembling the Service, whether in whole or in part, is not permitted.
- You may not use someone else's account. You also may not impersonate another person or entity, or falsely state your affiliation with a person or entity.
- In relation to the above point, you must not access the Service in a manner that exceeds your authority.
Specific restrictions related to the output data are as follows:
You agree not to use the Service or the Output Data in the following ways:
- Violate applicable laws (whether federal, state, or international).
- Violate the CAN-SPAM Act of 2003 or Canadian legislation against spam (CASL), as these statutes may be periodically amended, or the United States Telephone Consumer Protection Act (TCPA).
- Use the Output Data to advertise or promote products or services (or send any other communication) that are illegal in the corresponding jurisdiction or that target consumers who do not comply with applicable laws.
- Use the Service to advertise or promote adult content (such as pornography or escort services), tobacco products, illegal gambling activities, counterfeit or pirated goods or services, or to violate any regulations related to securities or commodities (such as engaging in a "pump and dump" scheme).
Please also remember the following points specifically:
- It is not allowed to defraud, deceive, or mislead any person.
- It is not allowed to communicate or transmit defamatory, dishonest, obscene, sexually explicit, vulgar, or offensive content. It is not allowed to threaten or promote violence.
- You cannot promote or engage in discrimination, racism, harassment, or hate speech against any individual or group.
Special terms for the use of personal data of customers or output data about European data subjects
You may request and receive output data about individuals with European data, meaning those residing in the European Economic Area, Switzerland, or the United Kingdom. These data will hereinafter be referred to as "European output data." By doing so, you agree to use the European output data solely under the following circumstances, in addition to complying with other consent or authorization requirements set forth in this section:
- In accordance with the explicit consent granted by the data subjects of the Output Data to meet the consent requirements of the General Data Protection Regulation (GDPR).
- In order to carry out reasonable and genuine validation or cleansing of data, as well as updating your own legally obtained customer database, you may use the European output data. This may include performing data validation or cleansing or updating your legally obtained database. For example, you may use our service to update records and retrieve more specific or organized data. It is important to note that such usage must comply with all applicable laws and regulations.
- For other legitimate purposes you have established, within the context of business-to-business relationships and in compliance with the GDPR and other applicable legal requirements. For instance, if you use the Output Data to communicate with current or potential business partners, you may need to obtain necessary consent for prospecting activities via phone calls, emails, or similar means.
- When receiving or using European output data, you must understand and agree that you act as the data controller, while we act as your data processor, as defined in the GDPR. It will be your responsibility to obtain all necessary consents from each data subject (e.g., individuals in your customer database), establish other legal bases for processing the output data, if applicable, and comply with all provisions of the GDPR and other applicable European data protection laws applicable to data controllers. Additionally, you must ensure the exercise of data subjects' rights and comply with all obligations set forth in the applicable regulations.
- You also agree that you will not provide us with any submitted data related to European data subjects unless you have obtained sufficient legal consent from such data subjects to do so. It is your responsibility to ensure appropriate consent and compliance with all legal requirements regarding the collection and use of data from European data subjects.
- To the extent that emprefy.com processes any personal data of the Customer, subject to the General Data Protection Regulation (GDPR) or other applicable European data protection laws, on behalf of the Customer, in the provision of services under this agreement, the terms of the emprefy.com Data Processing Agreement shall apply, which is incorporated herein by reference. For customers 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, shall apply, ensuring the adequate protection of personal data processed by us under this Agreement in accordance with the provisions of our Data Processing Agreement.
- This section supersedes and prevails over any separate agreement or term we may enter into with you regarding any information you provide to us or that we provide to you.
- Consents and permissions required from the consumer. In certain countries or jurisdictions, additional consent, notification, and permission requirements may apply for certain types of marketing or processing of personal information. The Customer acknowledges that, while the Provider strives to comply with its own legal obligations, the Provider has not obtained any rights or consent on behalf of the Customer. Therefore, to the extent that any law or regulation requires the Customer (in addition to the Provider) to notify or obtain consent to carry out marketing activities targeting any person or to process the personal data of any person, the Customer agrees that it shall be the Customer's responsibility to obtain such notifications or consents on its own behalf.
Privacy Policy Statement
You understand and agree that the collection, use, disclosure, and other processing of information are governed by the terms and conditions set forth in our Privacy Policy, and it may be updated periodically at our discretion.
Monitoring and right to enforce the Terms of Service.
We, or the service providers working with us, reserve the right to monitor the Service for legitimate business purposes, including enforcing these Terms and evaluating how the Service is accessed and used. We shall be the sole and final arbiter in determining whether there has been misuse of the Service or a violation of these Terms. In the event that we deem that you have violated these Terms (or any applicable law), we reserve the right to cancel your account and access to the Service and any output data immediately and without prior notice. Additionally, in such a situation, we may also take legal, criminal, or civil action at our sole discretion to enforce these Terms of Service and comply with the law.
Limitation of liability.
In no event shall the company, us, or our collaborators, directors, agents, employees, representatives, affiliates, parent companies, subsidiaries, sublicensees, successors, assigns, independent contractors, or related parties be liable to the other party for any loss of profits, loss of use, loss of data, business interruption, or any indirect, incidental, special, or consequential damages arising out of or in any way related to the use of the Service, output data, data unavailability, or any security breach, or the content, product, or service obtained or displayed on the Service, or resulting from the use of it, whether based on contract, tort, strict liability, even if the respective party has been advised of the possibility of damages and even if such damages result from the negligence or gross negligence of the entity. In no event shall the total liability of either party for any claim related to the service (except for payment or indemnification obligations) exceed the total amount paid by either party to the other during the preceding 12 months. Additional disclaimers of liability in favor of emprefy.com may appear within the service and are incorporated herein by reference. To the extent that any of the disclaimers of liability impose greater restrictions on the use of the service or the material contained therein, such greater restrictions shall apply. Some jurisdictions may restrict or not allow the limitation of liability in contracts, and as a result, the content of this section may not apply to you.
Indemnification and liability.
You agree to indemnify and hold emprefy.com, its directors, officers, employees, contractors, and agents, as well as its suppliers, licensors, and service providers, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees and expenses (collectively, "Claims"), arising out of or related to: (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 of third parties.
emprefy.com shall have the right, but not the obligation, to participate through counsel of its own choosing in any defense undertaken by you in relation to any Claim in which emprefy.com is to be defended, indemnified, or held harmless. You shall not settle any Claim in a manner that imposes obligations on emprefy.com without our prior written consent.
The officers, agents, partners, employees, contractors, and advertisers of emprefy.com and its affiliates are intended third-party beneficiaries of this paragraph. There are no other intended third-party beneficiaries of the Terms of Service, except as expressly stated.
Force majeure
Neither party to these terms shall be considered liable for its failure or delay in the performance of these Terms (or any Order Form) when such delay or failure is beyond its control. These events may include, among others, strikes or labor disputes, interruptions in Internet or telecommunications services, shortage or inability to obtain labor, energy or supplies, conflicts, riots or government actions, natural disasters such as floods, earthquakes, and hurricanes, acts of hackers or other malicious third parties, and general problems with the Internet. In such cases, the performance of obligations shall be excused to the extent that it is hindered or delayed by any of the aforementioned events.
Warranty of Service Usage
The use of the Service is at your own risk. The service, along with the output data, is provided on an "as is" basis. We do not offer any warranties, whether express or implied, regarding the service, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, of content or informational accuracy, of non-infringement, of performance, of title, that the service will operate error-free, in a timely, secure, or uninterrupted manner, that it will be up-to-date and accurately describe anything, or that it is free from viruses or other harmful components. We also cannot ensure that any defects or errors in the service will be corrected, or that the service is compatible with any particular hardware or software platform, or that we will enforce the terms of service against third parties to your satisfaction. Efforts by emprefy.com 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 do not allow the disclaimer of implied warranties; in such states, these warranties will be disclaimed to the fullest extent permitted by law.
Arbitration, Waiver of Class Action, and Applicable Law
- Arbitration and Waiver of Class Action
- Federal Arbitration Act. You agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
- Initial Dispute Resolution. Most disputes can be resolved without resorting to litigation. Both you and we agree to make every effort to resolve any dispute or claim, and good faith negotiations shall be a prerequisite to either party initiating a lawsuit or arbitration, except for injunctive relief for alleged intellectual property infringement. To initiate this process, you agree to communicate with our support department at [email protected], or we may contact you using the latest information we have on file for you.
- Mandatory Arbitration. In the event that an agreement is not reached within a period of ten (10) days from the commencement of the informal dispute resolution pursuant to the Initial Dispute Resolution provision mentioned above, both parties agree to resolve through arbitration any and all controversies, claims, or disputes arising out of, related to, or resulting from your relationship with us, these Terms of Service, and/or any other aspect of the Service. These Terms of Service are intended to require arbitration of every claim or dispute that can be legally arbitrated, except for those claims and disputes expressly excluded from this section by the terms of these Terms of Service.
- The arbitrator shall have the power to award any remedies available under applicable law and shall award attorney's fees and costs to the prevailing party, except as prohibited by law. The parties understand that, in the absence of this mandatory arbitration provision, they would have the right to file a lawsuit in court and have a jury trial. Furthermore, they understand that in some cases the costs of arbitration may be higher than the costs of litigation, and the right to discovery of evidence may be more limited in arbitration than in court.
- Waiver of Class Action. The parties agree that arbitration shall be conducted solely on an individual basis and not as a class or representative action. They expressly waive their right to file a class action, seek collective compensation, or join or participate as a member of a class action. You and emprefy.com agree that each may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any class or representative proceeding. In the event that the waiver of class actions is deemed null or unenforceable or that arbitration may proceed on a class basis, this section shall be deemed null and void, and it shall be considered that the parties have not agreed to arbitrate disputes.
- 30-Day Opt-Out Right. You have the right to opt out and not be bound by this provision by sending a written notice of your decision to opt out to [email protected] with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT". The notice must be sent within thirty (30) days from the date you accept any version of these Terms of Service that contains this section. If you do not exercise this right within the mentioned timeframe, you will be obligated to submit disputes to arbitration in accordance with the terms of this section. You also have the right to consult with an attorney of your choice regarding this section. You understand that you will not face retaliation if you choose to exercise your opt-out right. If you decide to opt out of this section, we will also not be obligated in relation to any disputes that may arise between you and us.
- Changes to this Section. Emprefy.com commits to provide sufficient advance notice of any changes to this section. In the event that a court or arbitrator (with the relevant authority to make such a decision) determines that this subsection titled "Changes to this Section" cannot be enforced or is invalid, then it shall be severed from this Section, and the court or arbitrator shall apply the first section referring to Arbitration and Class Action Waiver that you have agreed to.
- Survival. This section shall remain in effect and continue to be enforceable in the event of termination of these Terms of Use.
Limitations on Arbitration Agreement
This section shall be subject to the following limitations:
- Intellectual Property Claims. Despite the parties' choice to resolve disputes through arbitration, either party may initiate an individual action (not a collective or representative action) in a state or federal court, as well as at the U.S. Patent and Trademark Office, to protect their patent rights, copyright rights, moral rights, trademark rights, and trade secrets. However, this does not apply to privacy or publicity rights.
- Small Claims Court. Despite the parties' choice to resolve all disputes through arbitration, either party has the option to seek individual remedies (not collective or representative) in a small claims court for disputes or claims falling within the jurisdiction of such court.
Applicable law
The Terms of Service and the relationship between you and emprefy.com shall be governed in all respects by the laws of the State of Delaware, without regard to its provisions on conflict of laws. Any claim or dispute that either of us may have against the other and that is not subject to arbitration shall be resolved by a court located in Dover County, Delaware. Both parties agree to submit to the personal jurisdiction of the courts located in Dover County, Delaware, for the purpose of litigating any claims or disputes that are not subject to arbitration. In the case of claims or disputes that are suitable to be resolved by a small claims court, a small claims court located elsewhere in the United States may be chosen.
To be taken into account
- In the event that a court determines that any provision of these Terms is invalid, illegal, or unenforceable, such determination will not affect the validity or enforceability of the other provisions contained in the Terms. Each provision will be considered independent, severable, and distinct from the others.
- These Terms of Service constitute the entire and exclusive understanding and agreement between you and us regarding the Service and supersede all prior oral or written understandings or agreements between you and us regarding these matters. Any express modification in an Order Form will govern and replace any conflicting provision in these Terms. If we (or you) fail to enforce any part of these Terms, it will not be considered a waiver.
- The relationship between you and us is that of independent contractors, and it is important to note that these Terms of Service should not be construed to create or imply any other form of relationship, such as a partnership, employer/employee relationship, or agency relationship.
- Assignment and Waiver. emprefy.com reserves the right to assign these Terms at its discretion. On your part, you are not authorized to assign, sublicense, or transfer these Terms (or our license granted to you hereunder) to any other person in whole or in part. It should be noted that no waiver of any obligation or right by either party will be valid unless it is in writing and executed by the party against whom it is being enforced.
Legal notices, including termination notices, must be sent to [email protected]. We will send you legal notices using a method that we consider appropriate and reasonable to provide such notice, whether through the Service, email, or another address you have provided to us.
In the event that this Agreement is terminated, you will no longer be authorized to access the website or use the services.
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