NeverBounce Terms of Use
Please read these Terms of Use (the “Terms” or the “Agreement”) carefully. The provision of information and services on NeverBounce.com (the “Site”), operated by ZoomInfo Technologies LLC d/b/a NeverBounce (“NeverBounce,” “us,” “we,” or “our”), is conditioned upon your acceptance of and compliance with these Terms. These Terms constitute an agreement between NeverBounce and you governing your use of the Site, as well as the email validation services that we make available through the Site and all associated features, applications, and content (collectively, the “Services”).
By registering for, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of the Terms, do not use the Services.
We may modify these Terms at any time, provided however that (i) such changes will become effective and binding after we provide reasonable notice to you that these Terms have changed, and (ii) the changes will only apply with respect to your use of the Services after such changes become effective. If at any time you find these Terms unacceptable and do not agree with them, you agree to promptly cease accessing and using the Services.
Summary of Certain Terms
This brief summary of certain terms in this Agreement is for illustrative purposes and is intended to make the Agreement easier to understand. Please note you must read, understand, and agree to this Agreement in its entirety, and to the extent that any of the express Terms in Sections 1 through 16 below conflict with this summary or any portion thereof, expressly or by implication, the term stated in Sections 1 through 16 shall control. Please note the following provisions of the Agreement:
You agree not to violate any Applicable Laws (defined in Section 2 below), including but not limited to, using any data provided through the Services in a manner that violates the U.S. CAN-SPAM Act of 2003, as such statute may be amended from time to time, or any other law regarding electronic communications.
If you integrate any Third-Party Application or use an Integration Tool (both as defined in Section 3 below), NeverBounce may access and use the information in the Third-Party Application you’ve connected to NeverBounce. For example, for email integrations, we may access and use the signature blocks of emails you have received, information from automated email responses, and metadata from email headers for email integrations.. NeverBounce may use this information for its own purposes, including supplementing NeverBounce’s or its affiliates’ databases. By using an Integration Tool or connecting a Third-Party Application with NeverBounce, you are saying that you have the right to share this information either on your own, or with your employer’s permission. Do not use Integration Tools or connect your Third-Party Applications to NeverBounce unless you have the right or permission to share information in those applications with NeverBounce.
You agree not to violate Applicable Laws or the rights of any person when using the Services. You agree not to hack or scrape NeverBounce. You agree not to give the information you get through NeverBounce to unauthorized third parties.
You agree not to use NeverBounce for any purpose except for business-to-business sales, marketing, recruiting, or business development.
We reserve the right to modify or discontinue the Services at any time, and we reserve the right to terminate your access to NeverBounce at any time for any reason.
1. Data Uploaded by Users of Email Validation Services
You maintain ownership of the data you upload to the Services for email validation purposes (“Uploaded Data”). You are responsible for the Uploaded Data, including its legality, reliability, and appropriateness. You represent and warrant that you have all rights and authority necessary to provide Uploaded Data to us without violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You shall be solely responsible for making any required notices (including without limitation any privacy notices required by Applicable Laws) and for obtaining any required consents sufficient to authorize our performance of our obligations and exercise of our rights as set forth in these Terms.
NeverBounce may access or use Uploaded Data for customer support or troubleshooting purposes, to gather statistics, for regulatory and third-party compliance purposes, to protect and enforce NeverBounce’s rights, to monitor compliance with and investigate potential breaches of these Terms, and to provide the Services. Customers may delete their Uploaded Data from the NeverBounce system at any time, subject to the licenses granted herein.
2. Personal information
To the extent that either party transmits or receives personal information under these Terms, such party shall comply with all applicable international, federal, or state laws, rules, and regulations, including those relating to privacy and the lawful processing of personal information (collectively, “Applicable Laws”). To the extent that any Services involve NeverBounce receiving personal information from you that is subject to Applicable Laws (which may include the UK/EU GDPR), the Controller-to-Processor Data Processing Addendum is incorporated by reference into these Terms and shall set out the status and responsibilities of the parties in relation to such personal information.
3. Third-Party Applications and Integrations
“Third-Party Applications” means computer software programs and other technology that are provided or made available to you by third parties, including those with which the Services may interoperate, including, for example, your CRM, email client, marketing automation software, or sales enablement software, if any. NeverBounce may make available certain “Integration Tools,” which consist of NeverBounce technology designed to allow you to use the Services in such a way as to interoperate with one or more Third-Party Applications. NeverBounce is not responsible for and does not endorse any Third-Party Applications or websites linked to or by NeverBounce.
By accepting these Terms and installing or otherwise connecting a Third-Party Application to the Services, and/or using Integration Tools, you authorize NeverBounce to access and collect the Contact Data (as defined below) stored and transmitted through such systems as stated herein. You acknowledge, understand, and agree that after this permission is granted and until it is revoked by uninstalling Third-Party Applications or by disabling data contributions in your privacy settings, NeverBounce will extract certain information regarding businesses and business people, including but not limited to name, email address, job title, department, company name, phone numbers, business address(es), website URLs, account IDs, firmographic information, engagement data and related metadata, metadata from email headers, email signature data, and other similar business-related information stored in the Third-Party Application or otherwise made available through use of the Integration Tools (collectively “Contact Data”). You may opt out of such data contributions at any time by modifying your privacy settings in the NeverBounce platform.
If you have any concerns about making such contributions or have reason to believe your employer does not permit you to make such contributions, you agree to immediately opt out of data contribution via the privacy settings in the NeverBounce platform. You understand and agree that NeverBounce will continue to use Contact Data that was contributed prior to your opt out.
By using the Integration Tools and/or connecting any Third-Party Applications, and accessing or using the Services without opting out of the data contribution via the NeverBounce platform’s privacy settings, you hereby grant NeverBounce and any of its affiliates the following licenses: (i) a license to access Contact Data stored in the Third-Party Applications, and (ii) an irrevocable license to reproduce, distribute, publish, perform, make derivative works of, or display the Contact Data or any portion thereof, to test, develop, improve, or enhance NeverBounce’s affiliates’ products and services, or NeverBounce’s own products and Services, and to sell, transfer, assign, sublicense, disclose, or make available the Contact Data or any portion thereof to any third party, including NeverBounce and its affiliates’ customers, contractors, strategic partners, agents, and service providers. The foregoing license grant to NeverBounce shall be worldwide, non-exclusive, perpetual, fully paid-up, and royalty-free, and NeverBounce shall have the right to sublicense, assign, or transfer such licenses in its sole and absolute discretion.
To the extent that any such Contact Data is subject to Applicable Laws (which may include the UK/EU GDPR), the Submitted and Integrated (“S&I”) Controller-to-Controller Data Processing Addendum is incorporated herein by reference into these Terms in relation to such Contact Data.
4. Accounts
When you create an account with us, you represent that you are at least 18 years old, and that the information you provide to us in connection with your account is accurate, complete, and current at all times. Providing inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately of any unauthorized use of your account, password, or username, or any other breach of security, but you will remain responsible for any unauthorized use of your account. You will not sell, transfer, or assign your account or any account rights.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
5. Purchases
You will be provided the ability to purchase credits through our Site. One credit entitles you to use the Services to check the validity of one email address. Once a credit is purchased or used, the use cannot be revoked, and no replacement credits or refunds will be provided. Each purchased credit is only valid during the 365-day period following the purchase of such credit and any unused credits shall automatically expire at the end of such period. At the discretion of NeverBounce, credits may be withheld until full payment is received from you.
We may use third-party services to process payments made through the Site. By submitting your payment information, you grant us the right to provide such information (including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and CVV number) to these third parties to process your payment. You also represent and warrant that: (i) you have the legal authority to use the payment card information you are submitting through the Site; and (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud or unauthorized or illegal transactions.
6. User Conduct
By using the Site and the Services, you agree that you will not:
Violate any Applicable Laws, including but not limited to using any data provided through the Services in a manner that violates the U.S. CAN-SPAM Act of 2003, as such statute may be amended from time to time, or any other law regarding electronic communications;
Make any Contact Data available to NeverBounce if doing so would violate any Applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, employer policies, or any other requirements to which you are bound;
Use the Services to verify email addresses that you have obtained unlawfully or that you are not authorized to possess or process;
Use the Services in any manner that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any third party;
Engage in any activities through or in connection with the Services that (i) seek, attempt to, or do harm to any individuals or entities, (ii) are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, (iii) violate any right of any third party, including any proprietary or privacy right, or (iv) are otherwise objectionable to NeverBounce (including, without limitation, for purposes of sending unsolicited advertising or distributing email messages in violation of Applicable Laws);
Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms associated with the Services by any means whatsoever and/or for any purpose whatsoever;
Appropriate, modify, reproduce, or disseminate any source or object code or any software or other products, tools, or processes associated with or accessible through the Services;
Engage in any activity that interferes with access to the Services or the proper operation of the Services, or otherwise may cause harm to the Services, NeverBounce, or other users;
Harvest or otherwise collect or store any information through the Site (including email addresses or other personal data), other than Uploaded Data submitted in connection with your authorized use of the Services
Scrape, crawl, or use automated means to extract data from the Site;
Attempt to gain unauthorized access to the Services, or other computer systems or networks connected to the Services; or
Otherwise violate these Terms or any applicable additional terms.
You agree not to use the Services or the results thereof for any purpose except for your business-to-business sales, marketing, recruiting, or business development activities. You are solely responsible for any communications between you and any contact or email provided as part of the Services.
7. Availability, Errors, and Inaccuracies
Although we attempt to keep information on the Site current, content on the Site should not be considered to be error-free or a comprehensive source of all information. We are constantly updating our product and service offerings and may experience delays in updating information regarding the Services. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout these Terms and on the Site or Services. Without limiting the disclaimers set forth below, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
8. Contests, Sweepstakes, and Promotions
Any contests, coupons, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
9. Intellectual Property
The Services and the features, functionality, and data provided by the Services are and will remain the exclusive property of NeverBounce and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NeverBounce.
10. Links to Other Websites
The Site may contain links to third-party websites or services that are not owned or controlled by NeverBounce. NeverBounce has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services and cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein.
You acknowledge and agree that NeverBounce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
11. Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Representations and Warranties; Indemnification
You represent and warrant that:
No information of any kind submitted through your use of the Services will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material;
You are or have been duly authorized by your employer, as applicable, to (i) sign up for NeverBounce and accept these Terms, (ii) use the Integration Tools to integrate your Third-Party Applications and share Contact Data with NeverBounce for its use as described in these Terms, and (iii) that you are not prohibited by any contract, policy, rule, law, or regulation from doing so.
You shall defend, indemnify and hold harmless NeverBounce and its successors or assigns, and all employees, contractors, agents, officers, directors, owners, affiliates, licensees, and licensors of the foregoing from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of (i) your use of and access to the Services, by you or any person using your account and password; (ii) your sending of any information, messages, or materials to any individual whose email was verified using the Services in violation of any law or the rights of any third party; (iii) a breach of these Terms; or (iv) data provided to NeverBounce in your use of the Services.
13. Limitation of Liability
In no event shall NeverBounce, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
14. Disclaimer
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We make no representation or warranty as to the accuracy of the content of the Site or any information provided through the Services.
NeverBounce, its subsidiaries, affiliates, and its licensors do not warrant or represent that (i) the Services will function uninterrupted, or be secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; (iv) that the Services or any information described or provided through the Site or Services are appropriate or available for use in locations outside the United States or in all territories within the United States, or (v) the results of using the Services will meet your requirements.
15. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. To the extent such exclusions apply, the limitations above may not apply to you.
16. Miscellaneous
16.1 Relationship: No joint venture, partnership, employment, fiduciary, or agency relationship exists between you and NeverBounce as a result of these Terms and/or your use of the Services.
16.2 Marketing: You hereby authorize us to use your company name and logo for our marketing efforts unless and until such authorization is revoked by you in writing.
16.3 Authority: By accepting these Terms, you hereby represent and warrant that you have been duly authorized by your employer to accept the Terms and thereby bind it to these Terms. The parties agree that these Terms shall be effective as of the date accepted by you.
16.4 Entire Agreement: These Terms, including any addendum or supplement expressly incorporated herein by reference, represent the entire binding agreement between you and NeverBounce with respect to the subject matter hereof, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding the Services.
16.5 Assignment and Waiver: NeverBounce may assign its rights under these Terms without your consent. You may not assign your rights under these Terms in whole or in part to anyone else without NeverBounce’s prior express written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
16.6 Severability: The unenforceability or invalidity of any clause in these Terms shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from these Terms to the extent of its unenforceability and invalidity.
16.7 Construction: The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing them. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.”
16.8 Equitable Relief: In addition to monetary damages, NeverBounce shall be entitled to seek equitable relief where appropriate if you breach any of these Terms.
16.9 Governing Law: These Terms shall be governed and construed exclusively in accordance with the laws of the state of Washington, United States, without regard to its conflict of law provisions.
16.10 Legal Expenses: The prevailing party in any legal action brought by one party against the other that arises out of these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys’ fees.
16.11 Notices: You agree that we may provide notices (legal or otherwise) or otherwise respond to you by mail or email, or in any other manner reasonably elected by us. All legal notices to us must be sent via post to ZoomInfo, Attn: Legal Department, 330 W Columbia Way, Floor 8, Vancouver, WA 98660, and by email to legal@zoominfo.com.