The following terms and conditions govern all use of the GrowthToolkit Web Services, Inc. (“GrowthToolkit”) website and all content, services and products available at, or through, the GrowthToolkit domain enrich.growthtoolkit.io (the “website”), including, but not limited to, the GrowthToolkit user management service (collectively with the website and the “services”). The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this website by GrowthToolkit.
Please read this Agreement carefully before accessing or using the services. By accessing or using any part of the website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by GrowthToolkit, acceptance is expressly limited to these terms. The services are available only to individuals who are at least 18 years old.
1. Your GrowthToolkit Account
If you create an account for the services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify GrowthToolkit of any unauthorized uses of your account or any other breaches of security. GrowthToolkit will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You must not, in the use of the services, violate any laws in your jurisdiction and in the United States (including but not limited to copyright or trademark laws). You must not create more than one account. You must not share your account with others.
2. Payment and Renewal
Optional paid services, such as extra capacity, are available on the services (any such optional services, an “Upgrade”). By selecting an Upgrade, you agree to pay GrowthToolkit the monthly or annual subscription fees indicated for that upgrade (additional payment terms are described below). Payments will be charged on a prepaid basis on the day you sign up for an Upgrade and will cover the use of that upgrade for a monthly or annual subscription period, as requested by you. Upgrade fees are non-refundable. To prevent fraud, we might temporarily disable your account after an upgrade to perform a manual verification.
3. GrowthToolkit API
Any use of the Hunter application programming interface (the “API”), including use of the API through a third-party product that accesses the Services, must comply with this Agreement including the following terms:
Damage & Liability
You expressly understand and agree that GrowthToolkit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if GrowthToolkit has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Rate Limiting
Abuse or excessively frequent requests to GrowthToolkit via the API may result in the temporary or permanent suspension of your account's access to the API. GrowthToolkit, in its sole discretion, will determine abuse or excessive usage of the API. GrowthToolkit, in its sole discretion, may elect to warn the account owner prior to suspension.
API
GrowthToolkit reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice, for any or no reason.
4. Copyright infringement
As GrowthToolkit asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GrowthToolkit violates your copyright, you are encouraged to notify GrowthToolkit. GrowthToolkit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. GrowthToolkit will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of GrowthToolkit or others.
5. Intellectual Property
GrowthToolkit does not transfer to you any GrowthToolkit or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with GrowthToolkit. GrowthToolkit, the GrowthToolkit logo, and all other trademarks, service marks, graphics and logos used in connection with GrowthToolkit, or the services are trademarks or registered trademarks of GrowthToolkit or GrowthToolkit licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any GrowthToolkit or third-party trademarks.
6. Use License
Under this license, you may not:
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Build a similar or competitive service without GrowthToolkit’s prior written consent.
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In any way violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
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Send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
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Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
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Attempt to decompile or reverse engineer any software contained on the website or API.
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Use any device, software, or routine that interferes with the proper working of the Website.
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Impersonate or attempt to impersonate GrowthToolkit, a GrowthToolkit employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
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Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm GrowthToolkit or users of the website or expose them to liability.
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the Website is stored, or any server, computer, or database connected to the website.
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Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
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Attempt to interfere with the proper working of the website.
7. Changes
GrowthToolkit reserves the right, at its sole discretion, to modify or replace any part of this Agreement. GrowthToolkit will provide you with written notice of any material updates at least fourteen (14) days prior to the date the updated version of this Agreement is effective, unless such material updates result from changes in laws and regulations. For minor changes, GrowthToolkit will revise the “last updated” date given above. Modifications are effective upon publication. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the services following the posting of any changes to this Agreement constitutes acceptance of those changes. GrowthToolkit may also, in the future, offer new services and/or features through the services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination
GrowthToolkit may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination, including, without limitation, Sections 7, 12, 13, and 15.
9. Disclaimer of Warranties
The Services is provided “as is”. GrowthToolkit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GrowthToolkit nor its suppliers and licensors, makes any warranty that the services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the services at your own discretion and risk.
10. General Representation and Warranty
You represent and warrant that (i) your use of the Services will be in strict accordance with the GrowthToolkit Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification
You agree to indemnify and hold harmless GrowthToolkit, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
12. Governing Law
All matters relating to the Website and these Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
13. Additional notices for certain jurisdictions
India
Those terms apply exclusively to India residents and businesses incorporated in India. They are an addition to the standard Terms of Service. Limitation to the purchase of premium plans. Paid plans or products on GrowthToolkit are only available to businesses. Consumers should not attempt to perform a purchase on GrowthToolkit. A consumer is defined as a "Non-Taxable Online Recipient" (defined in The Integrated Goods and Services Tax Act of 2017). Taxes. A user purchasing a product on GrowthToolkit is liable to pay GST under reverse charge and should undertake the necessary compliances.