Instantly

" (a) Free trials : Free trials are non-paid access of the Instantly Service subject to use restrictions (maximum limits to the number of daily and monthly emails and support ticket requests, restriction on API calls, restriction on number of Credits, etc.). Restrictions for such trials are set forth at https://instantly.ai/pricing. Subscriber may at any time terminate Subscriber’s free trial or upgrade to a paid plan."

" Subscriber agrees that it shall limit any Connected Accounts to a reasonable volume. Instantly currently offers a maximum of one hundred (100) Connected Accounts per workspace, and Subscriber agrees not to exceed such limitation. Instantly reserves the right, in its sole discretion, to take any necessary action to address any improper use to protect the quality and efficiency of the Instantly Service. ‍"

" inappropriate domains or content as determined by Instantly in its sole discretion. "

"Credits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account or subscription, except to the extent required by law. Instantly reserves the right to change terms and conditions of Credits without notice. The volume or amount of Instantly Service (or any other functionality) that Credits can be used to obtain is not based on a fixed dollar amount and is subject to change at the sole discretion of Instantly at any time. ‍ (b)Promotional Credits. From time to time, Instantly may make available at its sole discretion Credits for loyalty, award or promotional purposes, including as part of free trials (“Promotional Credits”). Promotional Credits may expire in accordance with any terms set forth on such Credits. No purchase is necessary to be eligible to receive Promotional Credits. Promotional Credits are eligible for redemption for features of the Instantly Service in the same manner as any paid for Credits, but the redemption value of such Promotional Credits may be different from paid Credits. For the avoidance of doubt, Promotional Credits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account or subscription, except to the extent required by law. No fees, including inactivity fees, are imposed by the Company with respect to Promotional Credits. "

"‍ 13.1 Publicity and Non-Disparagement . Instantly shall have the right to use Subscriber’s name and pre-approved logo on Instantly’s website and in marketing materials solely to identify Subscriber as a client of Instantly. Neither party hereto will disparage the other party, in any oral, written, or other forms of communication. ‍ ‍ 13.2 Relationship Between the Parties . Instantly is an independent contractor; nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between the parties.  Subscriber will not have, and will not represent to any third party that it has, any authority to act on behalf of Instantly.  Each party will be solely responsible for payment of all compensation owed to its employees, as well as employment related taxes.  Each party will maintain appropriate worker’s compensation insurance for its employees as well as general liability insurance. ‍ 13.3 Injunctive Relief. Subscriber acknowledges that the Platform and the Instantly Service contain valuable Intellectual Property Rights and proprietary information of Instantly, that any actual or threatened breach of this Agreement will constitute immediate, irreparable harm to Instantly for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.  If Subscriber continues to use the Platform or the Instantly Service after its right to do so has terminated or expired, Instantly will be entitled to immediate injunctive relief without the requirement of posting bond. "

" ‍ 9.3 Connected Accounts. Subscriber acknowledges that Instantly has no control over, or other ability or obligation with respect to the maintenance, upkeep, status or support of any Connected Accounts or other component thereof, including the accuracy, timeliness, reliability, or completeness of any Connected Account Data.  Instantly will have no liability with respect to any acts, omissions, reliance, delays, errors or other liabilities arising from or related to any downtime, unavailability, inaccuracies or failures of any Connected Accounts. ‍ ‍ 9.4 Third-Party Service Providers. The Instantly Service, Instantly Platform and Documentation (including correspondence with Instantly's customer support team) may include links to third-party websites and services (“ Third-Party Links ”) or the information of third-party service providers that Instantly believes may be of interest to its Subscribers (" Third-Party Providers ”). These Third-Party Links or references to Third-Party Providers are not an endorse mentor recommendation – implied or otherwise – of any of the listed providers or links. Each Third-Party Provider listed and Third-Party Link provided is independent from Instantly and is not under the control of Instantly. Instantly accepts no responsibility for and disclaims any liability from the actions of the Third-Party Providers or reliance on any information from or about such Third-Party Providers. "

"‍ ‍ 11.1 Types of Damages.   TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS OR LOST DATA OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE LOSSES OR DAMAGES HOWSOEVER ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE INSTANTLY TECHNOLOGY, WHETHER UNDER CONTRACT, TORT OR OTHERWISE, WHETHER FORESEEABLE OR NOT AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE, OCCUR OR RESULT.  IN NO EVENT SHALL INSTANTLY BE LIABLE FOR PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SERVICES. ‍ 11.2 Amount of Damages. EACH PARTY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY DAMAGES SUSTAINED IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT WILL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY SUBSCRIBER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ‍ ‍ 11.3 Basis of the Bargain . THE PARTIES ACKNOWLEDGE THAT THE PRICES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.  THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN INSTANTLY AND SUBSCRIBER.  INSTANTLY’S FEES FOR THE SERVICES REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. ‍ ‍ 11.4 Exclusions. THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO: (A) A BREACH BY A PARTY OF ITS CONFIDENTIALITY OBLIGATIONS; OR (B) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10. ‍"

"This no-refund policy applies to all subscription plans, Credits, and any add-on or ancillary services, including but not limited to the VIP Services, “Done-For-You” service, Warmup Service, and Supersearch. ‍ 5.4 Third-Party Service Provider. Instantly uses Stripe, Inc. and its affiliates as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Service Provider”). If Subscriber makes a purchase on the Instantly Service, Subscriber will be required to provide its payment details and any additional information required to complete Subscriber’s order directly to our Third-Party Service Provider. Subscriber agrees to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy ) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize Instantly and Stripe to share any information and payment instructions Subscriber provides with one or more Third-Party Service Provider(s) to the minimum extent required to complete the transactions. Please note that online payment transactions may be subject to validation checks by Instantly’s Third-Party Service Provider and Subscriber’s card issuer, and Instantly is not responsible if Subscriber’s card issuer declines to authorize payment for any reason. For Subscriber’s protection, Instantly’s Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and Subscriber authorizes Third-Party Service Provider to verify and authenticate Subscriber’s payment information. "

" Instantly shall not identify Subscriber as the source of any such feedback. ‍ 6.2 Responsibility for Subscriber Data . Subscriber is solely responsible for any and all obligations with respect to the accuracy, quality and legality of Subscriber Data, including lead lists from third parties. ‍ Subscriber will obtain all third party licenses, consents and permissions needed for Instantly to receive, use and Process the Subscriber Data to provide the Instantly Service.  Without limiting the foregoing, Subscriber will be solely responsible for (i) providing all appropriate privacy notices to all third parties (including all Users); and obtaining from all third parties (including all Users) all necessary consents and rights for Instantly to receive, use and Process the Subscriber Data submitted by or on behalf of Subscriber or Users for the purposes set forth in this Agreement, including all consents required in accordance with all Applicable Data Protection Laws. Subscriber represents and warrants that the Subscriber Data will not: infringe, misappropriate or violate any intellectual property, proprietary, or other right of any third party; contain any virus or program designed to cause damage, intercept or misappropriate any system or Personal Data in a fraudulent manner; contain any unlawful, bullying, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or  otherwise objectionable material of any kind or nature or any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws or regulations; contain any sensitive Personal Data, including social security number, individually identifiable health or health insurance information, bank account information or credit card"

"In the event of any breach by Subscriber of this Section 6.2, including the Sending Policy, or if Instantly suspects or has reason to believe that Subscriber is in breach hereof, then Instantly may, without any further obligation liability to Subscriber, suspend and/or terminate this Agreement (or limit Subscriber’s sending capabilities or rights) immediately upon written notice and close Subscriber’s master account. Subscriber shall not use the Instantly Service to prepare, validate, or package Subscriber Data for Data Resale Activity. For clarity, Subscriber retains ownership of its Subscriber Data, but has no right under this Agreement to commercialize any data or outputs obtained through the Instantly Service in any Data Resale Activity. ‍ 6.3 License to Subscriber Data. Subscriber retains all right, title and interest in and to the Subscriber Data.  Subscriber hereby grants to Instantly a non-exclusive, worldwide, royalty-free and fully paid-up license to: (a) access and use Subscriber Data to provide the Instantly Service; and (b) collect and compile data and information related to Subscriber Data that is used by Subscriber in a de-identified, aggregated and/or anonymized manner to improve the Instantly Service (“ Aggregated Data ”); provided, that , the license grant in subpart (b) shall be perpetual and irrevocable.  Subscriber represents and warrants that it has all necessary rights to grant Instantly the foregoing licenses. "

"‍ Information Collected ‍ Instantly collects Information from users of our website(s) (including any page on which this Privacy Policy is posted), including: ‍ The domain name and IP address of a user’s web browser, as well as a user agent, time stamp and other Information about a user’s browser or device. Information about what content and pages users access, utilize or visit on our website, or how they interact with our content – for instance, if they spent a certain amount of time reviewing a particular blog post or description of particular services. Information, including personally identifiable and contact information that you provide, which could include (for instance) survey information, sign-up information (e.g., if you sign up for our webinars, events or newsletters), requests for information, mailing addresses and email addresses. We may also collect Information in the course of conducting and marketing our business.  For instance, we may collect Information through phone calls, at trade shows, during webinars, or during other marketing initiatives and activities. ‍ Likewise, we collect Information from our customers in the course of interacting with them, including through the service platforms, technology and dashboards we offer.  If you are our customer, we may, for instance, record the manner in which you interact with our Services, what tools you use, and what information you provide or receive, and we may combine or track this Information based on your account information, cookie identifiers or other electronic technologies. "

" Our website(s) use cookies and similar technologies, both for its internal and operational purposes and to market to you (such as to retarget ads to you when you visit other sites across the Internet).  We may provide you with “cookie management” options, such as through a banner visible on our landing page. ‍ 7.Privacy Rights You May Have in Specific States, Europe and the United Kingdom"

"‍ In order to provide our Services, we receive data, including personal information, from a variety of sources, including from websites and apps that collect the information, public sources, and other data compilers.  We refer to the information that we collect and process throughout this Privacy Policy as “Information” or “the Information.”  We generally seek to collect only “business intelligence” information – Information associated with work emails, phone numbers, job titles and related information; however, we may also collect Information such as identifiers that consumers employ for personal use as well. ‍ The Information we use to provide our Services includes: "

"These tools generate session recordings or replays that we use to operate, debug, secure, and improve the Services. Sensitive form fields are masked from capture where feasible. ‍ ‍ Disabling Cookies ‍ Most web browsers are set up to accept cookies. You may be able to set your browser to warn you before accepting certain cookies or to refuse certain cookies. However, if you disable the use of cookies in your web browser, some features of our website and other services may be difficult to use or become inoperable.  For additional information about cookies and other tracking technologies employed by the Service and how to control them, see our Cookie Notice. ‍ ‍ 6. Data Collected Through Our Corporate Website and in our Corporate Capacity"

"‍ We also use the Information described above for our own internal purposes – such as to improve, test, update and verify our own database; develop new products; operate, analyze, improve and secure our Services and our databases and servers. ‍ ‍ Deidentified Personal Information.   Sometimes, as part of our research and development (e.g., to evaluate potential new products), we may create aggregated, de-identified and/or anonymized data from personal information we collect. We compile, derive, and otherwise process de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business and will not attempt to reidentify any such data. ‍ ‍ 3. How We Share Information with Third Parties, including Service Providers ‍ ‍ Instantly may share the Information with customers, marketing services and platforms, as well as service providers that help us to provide the Services we’ve described above (or other services we may add in the future).  This includes sharing in the following ways: ‍"

" and manage risks and legal issues; using identifiers to communicate for customer service; using commercial information to analyze and improve our business activities; using identifiers for marketing and advertising (including sending certain direct marketing);"

" ‍ Further, when Subscriber receives or uses EU Output Data, Subscriber is the data controller of the EU Output Data that Subscriber receives, and will comply with all obligations that data controllers have under the GDPR, GDPR-UK, or related national laws.  This may include, for instance, obligations in certain jurisdictions to obtain consent for certain types of marketing (such as email or similar marketing) and/or to certain groups of consumers. ‍ Notwithstanding anything herein (including any permissions granted by Instantly herein), Subscriber is solely responsible for its own compliance with all applicable laws, and Instantly makes no representation (and Subscriber should not rely on any representation by Instantly) regarding what European or United Kingdom law might or might not require, with respect to data subject notices, consents and permissions"

"‍ California residents have the right to request that we disclose what categories of your personal information that we collect, use, or sell. You may also request the specific pieces of personal information that we have collected from you. However, we may withhold some personal information where the risk to you or our business is too great to disclose the Information. ‍ ‍ Right to request deletion or correction of your personal information California residents may also request that we delete or correct any personal information that we collected from you, such as if you have been a customer of ours.  (Note that this is different from your right to “opt out” of us selling your personal information, which is described below; also note that we do not generally collect personal information directly from consumers.) However, we may retain personal information for certain important purposes, such as (a) to protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality (such as de-bugging purposes), (c) as necessary for us, or others, to exercise their free speech or other rights, (d) to comply with law enforcement requests pursuant to lawful process, (e) for scientific or historical research, (f) for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. Additionally, we need certain types of information so that we can provide our Services to you. "