Terms & Conditions

1. Your Account and Identity

1.1 Account Registration

In order to use the Service, you must (i) register for an account ("Account"), and (ii) provide certain information about yourself as requested by the Company in the online registration form.

You represent and warrant that:

• •all required registration information you submit is truthful and accurate
• •you will maintain the accuracy of such information
• •your use of the Service does not violate any applicable law
• •you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms

You may close your Account at any time, for any reason, by following the instructions in the Service. The Company may suspend or terminate your Account in accordance with the Term and Termination section of the present Terms.

1.2 Confidentiality and Security of Your Account

You shall be responsible for:

• •maintaining and ensuring the confidentiality and security of your Account's login information
• •all activities that are conducted under your Account

You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password in the Service.

The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company's account security procedures are commercially reasonable.

You agree to immediately notify the Company in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.

2. Disclaimer of Liability

The Company makes no representations or warranties as to the completeness or accuracy of any information constituting part or all of the Service, including the contact information of any person.

You represent and warrant your understanding that all or virtually all of the Company's products and services contain information that may be subject to change at any time without the Company's discretion or control.

The Company makes no representations or warranties as to the nature, quality, or accuracy of any Data or any third-party business activities. The Company is not a contractor or employee of any such third parties unless specifically disclosed elsewhere on the Website.

The Company has taken all reasonable efforts to ensure that the information contained in the Website is accurate; however, all information, and all products sold on this website or by any of its affiliates are provided "as is" without any express or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LOCAL LAW, ALL WARRANTIES APPLICABLE TO ANY PRODUCTS OR SERVICES PROVIDED BY OUR WEBSITE ARE HEREBY DISCLAIMED AND WAIVED.

3. Copyright and Trademark Notice

Copyright notice for all pages on this web site: ©2020, InFynd, All Rights Reserved.

Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties.

You may not modify, publish, transmit, create derivative works or in any other way exploit any of Our original or licensed works, whether or not copyrighted, trademarked, or otherwise registered with the United Kingdom Patent & Trademark Office or any other state, federal, or international body governing the disposition of original works, without first obtaining the express written permission of the Company.

You may not view, reproduce, print or otherwise use any of the content of the Website or any of Our other original materials for anything other than your personal, informational, non-commercial use.

Any authorized reproduction must include the copyright notice set forth above, whether or not explicitly stated in such authorization.

All use of this Website is subject to our permission which the Company may revoke at any time.

Where offered, free trials or other free permissive use of any of the Company's products and services is intended for a single use only; multiple such uses by any user, or group of users acting in concert, constitutes a material breach of these Terms and Conditions.

Where offered to teams or other groups of users acting in concert, the Company may elect to grant multiple, extended, or otherwise varied free trial access at its sole discretion, which are further subject to the permissive use standards provided for in this Agreement.

Any reproduction of materials relating to products sold on this website, including contact information, marketing or advertising, or other information regarding the content or effect of our products and services, must be provided in a fashion consistent with all applicable rules of the intellectual property laws.

You agree to fully release, indemnify, and/or hold harmless the Company for any damages or liability, including regulatory liability, arising from your use of any of Our products or services including representations that you make regarding the same.

All product names, trademarks, service marks or other images in this web site are either the property of, or used with permission by, the Company, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited.

4. License and Restrictions

Subject to the terms and conditions of these Terms, the Company grants you a limited, non-exclusive, non-transferable license of the right to use the Service and any data it generates ("Data") solely for your internal business purposes and is subject to certain restrictions.

The right granted to you is subject to the following restrictions:

• •you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service and the Data
• •you shall not modify, translate, adapt, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service
• •you shall not access the Service in order to build a similar or competitive service

Any future release, update, or other addition to any of functionalities of the Service shall be subject to the terms and conditions of these Terms.

You agree that the Service or Data may contain seeds to help us identify unauthorized use of the Service or Data, and you hereby agree not to remove any such seeds from the Service or Data.

You agree not to use the Data as an indicator in determining an individual's credit worthiness or eligibility for credit, insurance or employment.

You agree not to mention the Company name in any of your marketing communications and materials.

You agree not to use the Service or Data to advertise, sell, or exchange any products or services related to illegal or illicit activities, including, without limitation, payday loan services, sex products or services, drug products or services, pornographic materials, weapons, or involving credit repair services.

5. Compliance in Marketing Communications

In your marketing communications including any Data, you hereby agree to:

• •abide by all applicable federal, state, foreign and local statutes and regulations, including laws and regulations regarding telemarketing (including registration for a Subscription Account Number (SAN) with the National Do Not Call Registry), email, fax marketing, customer solicitation and privacy
• •ensure your mailings or other communications will be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address
• •abide by all applicable industry association guidelines and regulations
• •comply with TCPA and FTC regulations

You agree that any use of email Data shall abide by all applicable laws, including but not limited to the CAN-SPAM Act of 2003, GDPR of the EU, and UK data protection laws.

You shall be responsible for your entire use of any Data obtained from the Company.

6. Prohibited Use of Service

You agree not to use the Service to:

• •upload or distribute any computer viruses, worms, malicious code, or software intended to damage or alter a computer system or data
• •collect information regarding other users without their consent (e.g., harvesting bots, scrapers)
• •disable, overburden, or impair servers or networks connected to the Service
• •attempt to gain unauthorized access to the Service or networks connected to it
• •interfere with another user's enjoyment of the Service
• •advertise, sell, or exchange products or services related to illegal activities

7. Content

"Content" shall mean any and all content (including, but not limited to, data such as email lists, zip code lists, and phone number lists) that a user uploads to the Service.

You are solely responsible for your Content. You assume all risks associated with its use, including reliance on its accuracy, completeness or usefulness, or any disclosure that makes you identifiable.

You agree not to upload or use Content that:

• •violates any third-party right
• •is false, defamatory, misleading, or harassing
• •promotes violence, racism, or discrimination
• •is harmful to minors
• •violates any law

The Company is not responsible for, and does not control, any Content. The Company has no obligation to monitor or review Content.

8. Links

Our Website contains links to third-party websites.

We do not control the content of these websites and We make no warranties or representations about their content. Unless specifically stated otherwise, the Company is not affiliated with these third parties and does not endorse their websites, products, or services.

9. Privacy

Our privacy practices are designed to provide a high level of protection for your personal data.

To learn more, please review our Privacy Policy at: https://www.infynd.com/privacy-policy/

10. Governing Law

By accessing this Website, you agree that the laws of the State of California, without regard to conflict of law principles, will apply to all matters relating to use of this website.

You also submit to the personal jurisdiction of California and the venue of the state and federal Courts of California.

11. Service Plans, Payment Terms, and Cancellation

11.1 Free Trial and Plans

You may find information on Service plans and pricing at: https://www.infynd.com/pricing.

You may also sign up for a free trial. To continue using the Service after expiration, you must subscribe to a paid plan.

11.2 Upgrades and Downgrades

• •Downgrading takes immediate effect, no refund issued
• •Upgrading takes immediate effect, full fee charged

11.3 Cancellation

You may cancel your Service plan via your Account at any time.

All fees are non-refundable.

12. Reverse Engineering and Security

You agree not to:

• •Reverse engineer or attempt to disassemble any code or software
• •Violate the security of the Website through unauthorized access, data mining, or interference

13. General Provisions

• •Language – All communications shall be in English
• •Assignment – You may not assign this Agreement. The Company may assign without restriction
• •Severability – If any provision is held invalid, the rest remains enforceable
• •No Waiver – Failure to enforce any provision does not waive future enforcement
• •Headings – Provided for convenience only
• •No Agency – This Agreement does not create any partnership, agency, or joint venture
• •Force Majeure – The Company is not liable for failures due to causes beyond its reasonable control
• •Electronic Communications – Notices and communications may be sent electronically

For questions or concerns, please email us at: contact@infynd.com