Legal

Terms of Service

Last updated: January 15, 2025

These Terms of Service ("Terms") govern your access to and use of the PrimoDato website, applications, APIs, exports, documentation, and related services (collectively, the "Services"). By creating an account, accessing the Services, or placing an order, you agree to be bound by these Terms on behalf of yourself and, if applicable, the organization you represent.

1. Acceptance of Terms

You must be at least 18 years old and capable of forming a binding contract to use PrimoDato. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. If you do not agree to these Terms, you may not use the Services.

2. Description of Service

PrimoDato provides B2B intelligence tools that allow customers to search, analyze, reveal, enrich, and export company-level firmographic and technographic information. Certain features may be subject to usage limits, subscription tiers, credit balances, API rate limits, or additional product-specific terms.

3. Account Registration and Security

You must provide accurate, current, and complete registration information and keep it updated. You are responsible for maintaining the confidentiality of your credentials, for all activity that occurs under your account, and for promptly notifying PrimoDato of any suspected unauthorized access. We may suspend or terminate accounts that are insecure, fraudulent, inactive for extended periods, or created using false information.

4. Credit System and Payments

PrimoDato uses a credit system for certain actions, including reveal workflows and exports. Credit pricing and plan features are presented at checkout or in the applicable order form. Credits included with subscriptions reset in accordance with the billing cycle for your plan. Purchased top-up credits do not expire unless otherwise stated in an order form or required by law.

  • Reveals and export actions consume credits at the rates displayed in the product.
  • Used credits are non-refundable.
  • Unused subscription time is generally non-refundable unless required by law.
  • Subscription fees renew automatically until canceled.
  • You authorize PrimoDato and its payment processor to charge the selected payment method for recurring and one-time purchases.

We may correct pricing errors, revoke credits issued in error, or suspend access for failed payments, chargebacks, or suspected fraud.

5. Acceptable Use Policy

You may use the Services only for legitimate business purposes and in compliance with all applicable laws. You may not:

  • Use the Services to violate privacy, data protection, anti-spam, or marketing laws.
  • Scrape, harvest, or bulk-download the Services except through authorized export features or APIs.
  • Reverse engineer, interfere with, or disrupt the integrity or security of the Services.
  • Use automated means to bypass rate limits, credits, or access controls.
  • Resell, sublicense, publish, or redistribute PrimoDato data as a standalone dataset.
  • Use the Services for discriminatory, deceptive, unlawful, or harmful purposes.

6. Data Usage Rights

Subject to these Terms and your subscription or order form, PrimoDato grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and associated output for your internal business operations. This license does not permit resale, public redistribution, creation of a competing database, or use to train external machine learning models without PrimoDato's prior written consent.

7. Intellectual Property

PrimoDato and its licensors retain all right, title, and interest in the Services, including software, interfaces, designs, documentation, trademarks, and aggregated know-how. Except for the limited usage rights expressly granted in these Terms, no license or ownership right is transferred to you.

8. Privacy and Data Protection

Your use of the Services is subject to our Privacy Policy and, where applicable, our Data Processing Agreement. You are responsible for ensuring that your use of the data made available through PrimoDato complies with your own legal obligations, including obligations relating to lawful outreach, notice, suppression handling, and downstream storage.

9. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PrimoDato DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not guarantee uninterrupted service, perfect data accuracy, or fitness for any particular campaign or outcome.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PrimoDato WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PrimoDato IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless PrimoDato, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your misuse of the Services, your breach of these Terms, or your violation of law or third-party rights.

11. Termination

You may stop using the Services at any time. PrimoDato may suspend or terminate access immediately if we reasonably believe you have violated these Terms, failed to pay fees, created material security risk, or used the Services in a manner that could harm PrimoDato, its customers, or third parties. Upon termination, your right to use the Services ceases immediately, but provisions that by their nature should survive will remain in effect.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13. Dispute Resolution

Before filing a claim, the parties agree to attempt informal resolution by written notice. If a dispute is not resolved within 30 days, it shall be finally settled by binding arbitration administered by the American Arbitration Association in English. The arbitration will be conducted in Delaware unless the parties agree otherwise. Either party may seek injunctive relief in court to protect intellectual property or confidential information.

14. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Services, by email, or by other reasonable means. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms.

15. Contact

Questions regarding these Terms may be directed to legal@primodato.com.

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