Terms & Conditions
Last updated 5th August 2024
ProminentContact LTD, trading as Infynd.com, a private limited company registered under the laws of England and Wales with company number 12150394 whose registered office is at Gateshead International Business Centre, Mulgrave Terrace, Gateshead, England, NE8 1AN and ICO Registration Number ZA599278 (“We,” “Us,” “Our,” the “Company”) is the owner and operator of the website www.infynd.com together with its attendant and related domains and pages (altogether, the “Website”). The Website also includes any other web properties, including domains or related pages, owned or operated by the Company.
You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use our lead generating sales intelligence platform found at www.infynd.com or any mobile or tablet application associated with it (hereinafter collectively referred to as the “Service”).
Your use of the Website, including any of its index pages (altogether, the “Website”), constitutes acceptance of these Terms and Conditions (this “Agreement”).
Your use of the Website and any of Our products or services constitutes a continuing acceptance of these Terms and Conditions, meaning that each time that you access the Website or use any of our products or services you agree to the then-current version of these Terms and Conditions.
You may not access our Service if you are our direct competitor, except with our prior written consent. In addition, you may not access our Service for purposes of monitoring its performance or functionality, or for any other benchmarking or competitive purposes.
Your account and identity
Your Account. 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: (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Service does not violate any applicable law, and (d) 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.
Confidentiality and Security of Your Account
You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) 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.
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.
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 of the United States and any jurisdiction in which the Company conducts any business. Whether or not explicitly so stated, all agreements between you and the Company are subject to these requirements. You agree to fully release, indemnify, and/or hold harmless the Company, as appropriate, 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. All other product names contained on this web site may be trademarks or service marks of other persons, and may not be reproduced in any form without the express written permission of their original creators, or of any person expressly licensed to authorize such reproduction.
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 in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service and the Data; (b) you shall not modify, translate, adapt, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service; and (c) 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.
In your marketing communications including any Data, you hereby agree to: (i) abide by all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing (including registration for a Subscription Account Number (SAN) with the National Do Not Call Registry (https://telemarketing.donotcall.gov), email, fax marketing, customer solicitation and privacy; (ii) 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; and (iii) abide by all applicable industry association guidelines and regulations; and (iv) to be in compliance with TCPA and FTC regulations.
You agree that any use of email Data shall abide by all applicable state and federal laws, including but not limited to, the CAN-SPAM Act of 2003 and the General Data Protection Regulation of the European Union and the analogous laws of the United Kingdom. You agree that you shall be responsible for your entire use of any Data obtained from the Company, and that in the event that you send email in breach of the CAN-SPAM Act or of any other applicable anti-spam law, state law, rules or regulations, you specifically agree (in accordance with Indemnification Section of these Terms) to defend, indemnify and hold harmless the Company, including but not limited to its subsidiaries, affiliates, officers, agents, employees, representatives and agents.
Moreover, you agree not to use the Service to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users of the Service, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Service (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Service or servers or networks connected to the Service (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Service; (e) advertise, sell, or exchange any products or services related to illegal or illicit activities, including, without limitation, sex products or services, illegal drug products or services, pornographic materials, weapons or any other illegal goods or services. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Service or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Service or any part thereof.
We own all right, title and interest, including all related intellectual property rights, in and to the Service and Data (excluding your Content, as defined below). The Service and Data are licensed to you; this means that the Service and Data are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Service or Data. Our name, logo, and other names associated with the Service belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
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 the use of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable.
You agree not to use the Service to upload, distribute, or otherwise use any Content in a way (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, offensive, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; or (e) that violates any law, regulation, or contractual obligations.
The Company is not responsible for and do not control any Content. The Company has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to any Content.
Links
Our Website contains links to third party web sites, which may include unaffiliated websites that advertise with us. We do not control the content of these web sites and We make no warranties or representations about their content. Unless specifically stated to the contrary, the Company is not affiliated with these third parties and does not endorse or sponsor their web sites, products or services.
Privacy
Our privacy practices are designed to provide a high level of protection for your personal data. To learn more, you can read our Internet Privacy Policy Statement at https://www.infynd.com/privacy-policy/.
Governing Law
By accessing this web site, you agree that the laws of the State of California, without regard to any choice-of-law doctrines and principles thereof, will apply to all matters relating to use of this web site. You also submit to the personal jurisdiction of California and the venue of the state and federal Courts of California.
Patents
One or more patents may apply to this Website, which patents, together with all of the protections afforded them by applicable law, whether pending, registered, or granted, shall apply at all times. Patented materials, products, processes, or any other patented information or object, including software code, may not be reproduced, in whole or in part, nor reverse-engineered or otherwise used in the slightest degree, absent the express written permission of the Company.
Submission Policy
(1) Any submissions that you make to the Company, including reviews and testimonials, and their contents will automatically become the property of the Company, without any compensation to you; (2) by making any submission to our website or any website on the that We own, operate, or control in part or in whole, you grant the Company a universal, irrevocable, freely-transferrable license to use, sell, modify, or delete such submissions; (3) the Company has no obligation to review the submission; and (4) there is no obligation to keep any submission confidential.
To the extent a submission is made under terms inconsistent with these Terms and Conditions, these Terms and Conditions govern.
Products
In no event shall the Company, or any of its affiliates be liable for special, incidental or consequential damages, whether purchaser’s claim in contract, negligence, strict liability or otherwise. In consideration of the sale of the product to the purchaser, which sales we would not otherwise make, purchaser agrees to indemnify and hold the Company harmless from all claims, expenses, losses and liability of any nature whatsoever arising out of purchaser’s handling and/or use of any product sold here, whether used alone or in combination with any other substance no matter what it’s origination.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.Other Terms of Acceptable UseYou further agree not to use the Website or Services:1. To violate any person’s legal rights, including by way of harassment, threat, or misappropriation or misuse of any intellectual property including Company intellectual, or by spam, improperly collecting, using, or disseminating any personal information or personal identifying information;
2. To violate any intellectual property rights of the Company or any third party;
3. To upload or otherwise disseminate any computer viruses or other software, malware, or any other software that may damage the property of another;
4. To perpetrate any fraud, including fraud against the Company or any other person;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6. To publish or distribute any obscene or defamatory material;
7. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
8. To unlawfully gather information about others.
Service plans, payment terms, fees & cancellation
Free trial and Service Plans. You may always find the information on our Service plans and pricing at https://www.infynd.com/pricing. You may also sign up for a free trial. In order to continue enjoying our Service upon expiration of the free trial, you will need to choose one of the paid Service plans. Upon signup for one of the paid service plans the credit/debit card number you provide will be automatically charged the relevant Service fee every billing cycle. If you cancel a payment or initiate an improper chargeback your Account may be suspended.
Upgrading or downgrading a Service Plan. You may upgrade or downgrade your Service Plan at any time by choosing upgrade or downgrade option under “Subscription” tab in your Account. Should you downgrade your Service plan, your new Service fee will take immediate effect and no pro-rated refund will be issued. Should you upgrade your Service plan, your new Service fee will take immediate effect and be charged in full.
Cancellation of a Service Plan. You may cancel your Service plan via your Account at any time and for any reason. However, all fees paid by You hereunder are non-refundable. If you cancel your Service plan prior to the end of a billing cycle, you will no longer be able to continue enjoying the Service until the end of such billing cycle.
Reverse Engineering and Security
You further agree not to undertake any of the following actions:1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
2. Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
GENERAL PROVISIONS:
1. Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
2. Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
3. Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
4. No Waiver:In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
5. Headings for Convenience Only:Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
6. No Agency, Partnership, or Joint Venture:No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
7. Force Majeur:The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
8. Electronic Communications Permitted:Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: contact@infynd.com
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