Terms of service
The agreement between CollectiveContacts and anyone who buys data from us. Short version: use it for your own business, follow the marketing laws, and don’t resell it.
1. Acceptance
These terms govern your purchase and use of data and services from Collective Contacts, LLC, trading as CollectiveContacts. By placing an order, creating an account or using any data we supply, you agree to them. If you are agreeing on behalf of a company, you confirm you have authority to bind it.
2. Definitions
- Records — the individual contact entries we supply.
- Credits — prepaid units you exchange for Records.
- Index — our compiled contact database.
- You — the business purchasing Records.
3. Licence we grant you
On payment, we grant you a non-exclusive, non-transferable, perpetual licence to use the Records you have purchased for your own internal business purposes. You may load them into your CRM, contact the people in them in their professional capacity, and retain them subject to section 10.
You do not acquire ownership of the Records or of the Index. We retain all rights not expressly granted here.
4. Permitted use
- Business-to-business sales, marketing and recruitment outreach
- Loading into your own CRM or marketing platform
- Market research, territory planning and account mapping
- Use by your employees and by contractors acting on your behalf, provided they are bound by terms at least as protective as these
5. Prohibited use
You may not:
- Resell, sublicense, rent, publish or redistribute the Records, in whole or in part, in any form
- Use them to build, train or enrich a competing contact database or data product
- Use them to train a machine-learning model
- Share them with any third party other than a contractor acting on your behalf
- Use them for consumer marketing, or to contact anyone at a personal address or personal phone number
- Use them for any unlawful, deceptive or harassing purpose
- Attempt to scrape, mirror or bulk-extract the Index beyond the Records you bought
Resale is the one we enforce most seriously. Breach of this section terminates your licence immediately and entitles us to injunctive relief.
6. Your legal obligations
We supply data. How you use it is your responsibility, and outreach law applies to the sender, not to us. You are responsible for complying with the CAN-SPAM Act, the Telephone Consumer Protection Act, state do-not-call and consent rules, and any other law applying to your outreach.
In particular you must honour opt-out requests you receive, include the sender identification and unsubscribe mechanism the law requires, and not call any number registered on a do-not-call list where consent is required.
7. Credits and payment
Records are priced per record at the rate published on our pricing page at the time of purchase. Credits are prepaid, are applied to the account that bought them, and do not expire.
Card payments are taken at purchase. Invoiced accounts are net 30 from the invoice date.
Prices exclude sales tax, which we add where required.
8. Credit-back and refunds
Records that hard-bounce or reach a disconnected line are credited back automatically within 30 days of purchase. The credit is applied to your balance.
Because Records are delivered immediately and cannot be returned, purchases are otherwise non-refundable. Unused Credits are non-refundable but never expire.
9. Accuracy
We verify on a rolling day cycle and stamp each Record with the date it last cleared. Contact data decays continuously, and we do not warrant that any particular Record is accurate, current or complete. Your remedy for an inaccurate Record is the credit-back in section 8.
10. Suppression and deletion
If someone in the Index exercises a deletion or opt-out right, we will notify customers who received that Record in the preceding 90 days. On receiving that notice you must delete the Record from your systems within 30 days and stop contacting the person.
This obligation survives termination and is a condition of your licence.
11. Intellectual property
The Index, our compilation of it, our website and our verification methods are our property and are protected by copyright and other laws. The licence in section 3 is the only right you receive.
12. Confidentiality
Each party will protect the other’s confidential information with at least reasonable care and use it only for the purposes of this agreement. Pricing we quote you is our confidential information.
13. Disclaimer of warranties
Except as expressly stated here, the Records and services are provided “as is”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that use of the Records will produce any particular commercial result.
14. Limitation of liability
Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, however caused.
Our total aggregate liability arising out of or relating to this agreement is limited to the amounts you paid us in the twelve months before the event giving rise to the claim.
Nothing here limits liability that cannot lawfully be limited.
15. Indemnity
You will indemnify and hold us harmless against claims, damages and reasonable legal costs arising from your use of the Records, including any claim that your outreach breached marketing, calling or privacy law, or that you used Records outside the licence in section 3.
16. Term and termination
This agreement runs while you hold Credits or use Records. Either party may terminate on 30 days’ written notice. We may suspend or terminate immediately for breach of section 5 or non-payment.
On termination, sections 5, 10, 11, 12, 13, 14, 15 and 18 survive. Records lawfully purchased before termination may continue to be used under section 3, subject to section 10.
17. Changes
We may update these terms. Material changes take effect 30 days after we post them and notify you by email. Continuing to buy or use Records after that date means you accept the change. The terms in force when you bought a Record govern that Record.
18. Governing law
These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware County, Delaware have exclusive jurisdiction, and both parties consent to that venue.
19. Contact
Collective Contacts, LLC
169 Madison Avenue, Suite 76095 New York, NY 10016
info@collectivecontacts.com
646-551-5571 or 646-535-1699