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Platform
BUILD PIPELINE
Contact & Account Search
Find the right leads & companies
Scores & Signals
Reach out to the right leads
Inbound Optimization
Shorten forms & better qualify leads
Sales Engagement
Automate your outbound
CLOSE DEALS
Meetings
Prepare for, book & follow up on meetings
Deal Management
Close deals with insights & recommendations
Conversation Intelligence
Track, record & analyze conversations
IMPROVE PERFORMANCE
Analytics
See what's working & where to improve
Coaching
Give your reps actionable feedback
STREAMLINE OPERATIONS
Workflow Engine
Automate tasks & move faster on leads
Enrich & Cleanse
Automatically sync & enrich your CRM
APOLLO PLATFORM
Platform Overview
Living Data Network
Integrations
Teams
Sales Leaders
Reduce prospecting work & move faster on leads
Founders
Empower your team to crush their quota
Account Executives
Win more deals, crush your quota
Marketers
Generate pipeline that converts
Sales Development
Fill your pipeline with quality opportunities
Revenue Operations
Consolidate your go-to-market stack
Resources
LATEST FROM MAGAZINE
Master Class: Social Selling for a Seven-Figure Income
LEARN
--------------------------------------------------------------------------------
Apollo Magazine
NewAcademy
Knowledge Base
Webinars
Events
Careers
Privacy Center
CUSTOMERS
--------------------------------------------------------------------------------
Success Stories
Reviews
Refer a Friend
Featured Customers
PARTNERS
--------------------------------------------------------------------------------
Affiliate Partners
Agency Partners
Technology Partners
Startup Ecosystem Partners
Certified Agency Directory
Apollo Advocates
Pricing
Get a demo
Log in
Sign up for free
TERMS OF SERVICE
Last Updated: March 1, 2024
These Terms of Service (“Terms of Service” or “Terms”) are a legally binding
agreement between you (“you” or “your”) and Zenleads Inc. d/b/a Apollo.io,
(“Apollo,” “we,” “our,” or “us”) governing your use of the Service and your
relationship with us.
You accept and agree to these Terms of Service by:
* Accessing or using the Service;
* Clicking to accept these Terms of Service, or
* Accepting these Terms of Service in any other way.
If you do not agree to these Terms of Service, you shouldn't access (and you
don't have our permission to access) the Service.
Important: Please note sections 7 and 8 of these Terms which include important
information regarding Personal Information you provide to us or receive from us.
Please also note section 11, which contains arbitration provisions that impact
certain rights you might otherwise have regarding disputes.
We may modify these Terms of Service (except for section 11) in our sole
discretion by posting updated versions of these Terms of Service on the Website
or otherwise providing notice to you. All such changes shall become effective
upon the posting of the revised Terms of Service on the Website or upon notice
to you, as applicable.
1. DEFINITIONS
a. “Account Information” means information provided by you to create, support
and maintain an account enabling access to the Service
b. “Apollo Platform” means the software or other technology provided by us to
you under these Terms. The Apollo Platform does not include Third-Party
Products,
c. “Beta Services” means products, services, integrations, functionality or
features that Apollo may make available to you to try at your discretion,
which may be described as “alpha,” “beta,” “pilot,” “limited release,”
“developer preview,” “non-production,” “early-stage”, or other similar
description,
d. “Contributor Database” means the database of Personal Information and other
business information which we make available, directly or indirectly, to you
and to other Apollo customers through the Apollo Platform,
e. “Output Data” means the information and other content or materials that are
included in the Contributor Database or otherwise made available to you
through the Apollo Platform. Output Data is exclusive of the Submitted Data,
f. “Order Form” means an ordering document, including an order receipt, related
to your ordering of the Service and specifying the details of your
subscription and any fees to be paid by you,
g. “Personal Information” includes any substantially similar terms to “personal
information” such as “personal data” or “personally identifiable
information” and as to each, shall have the meaning given to such terms
under applicable law,
h. “Service” means the Output Data, the Service Metadata, the Contributor
Database, the Apollo Platform, the Beta Services and any accompanying or
related infrastructure, functionality, technology or analytics, including
any services or add-ons described in an Order Form,
i. “Service Metadata” means information collected or inferred by us in the
course of delivering emails (including without limitation information about
deliverability and system operations) or otherwise providing the Service,
j. “Submitted Data” means all data, information, text, recordings, and other
content and materials that are collected, submitted, provided, or otherwise
transmitted or stored by you in connection with your use of the Service.
Submitted Data may vary depending on the products or features used as well
as your particular use of such products or features. For additional,
product-specific detail, please review the product documentation available
at: https://knowledge.apollo.io/hc/en-us. Submitted Data does not include
Output Data or Service Metadata,
k. “Third-Party Products” means products, services, websites, applications or
other technology, and any related content, that you choose to integrate with
or use in connection with the Service. Third-Party Products are not owned or
operated by us,
l. “UK/EU GDPR” means the General Data Protection Regulation (Regulation (EU)
2016/679) and equivalent requirements in the United Kingdom including the
Data Protection Act 2018 and the United Kingdom General Data Protection
Regulation,
m. “Website” means any website or webpage on which these Terms appear,
2. YOUR ACCOUNT; ELIGIBILITY RESTRICTIONS; BETA SERVICES; THIRD-PARTY PRODUCTS
a. Account information. You will need to set up an account in order to access
the Service, including to receive Output Data. You must only provide Account
Information that is your own and that is accurate. You must also keep your
contact information up to date, so that we may contact you if needed, such
as to deliver any important notices.
b. Eligibility restrictions. You shall ensure that only your employees or
service providers, or the employees or service providers of your wholly or
majority owned subsidiaries who have been expressly authorized by you to use
the Service in accordance with this Terms of Service, shall use or otherwise
access the Service (“Authorized Users”). You may not use the Service if you
or any of your Authorized Users are a competitor of Apollo (as determined by
us in our sole discretion). You shall ensure that all Authorized Users are
at or above the age of majority in their jurisdiction. You must comply with
any other eligibility restrictions on Authorized Users set forth in the
Order Form and ensure that your Authorized Users comply with these Terms.
c. Account security. We make no representations or promises regarding the
security of the Service. Despite our security efforts, it is possible that
unauthorized individuals will obtain your information, such as through
web-scraping tools (even though we do not authorize and in fact prohibit
that behavior). You agree and understand that you will be liable for any
activity that occurs through your account and further acknowledge and agree
that you and your Authorized Users:
i. are solely responsible for maintaining the confidentiality and security
of your Account Information and account credentials such as your
username and password.
ii. may not share your account credentials and must restrict access to your
computer and other devices.
iii. must access the Service and our network, systems, or applications only
through encrypted connections.
iv. must maintain up-to-date OS (operating system) patching and active
anti-malware on the end-user devices used to connect to the Service or
our environment.
v. must ensure that all terminated employees or other users have their
access revoked to the Service within 24 hours of termination.
vi. must notify us promptly (and in any event within 72 hours) of security
incidents that could have implications to us (e.g. users with
compromised credentials or lost or stolen devices with access to the
Service, compromised networks or systems including malware worm or
ransomware, etc.).
vii. will reach out to our vulnerability discovery program at
support@apollo.io if you suspect any vulnerabilities with our Service.
d. Beta Services. From time to time, Apollo may offer you access to Beta
Services, which are optional for you to use. The Beta Services are not made
generally available and may contain bugs, errors, defects, or harmful
components. Beta Services may be subject to additional terms which may
supplement, but not supersede the terms of these Terms of Service. Apollo
may terminate access to Beta Services at any time without notice, and may
discontinue Beta Services at any time in its sole discretion.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETA SERVICES ARE
PROVIDED ‘AS IS’ WITHOUT ANY COMMITMENTS, INDEMNITY OR WARRANTY BY APOLLO OF
ANY KIND AND APOLLO SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR
HARM ARISING FROM OR RELATED TO BETA SERVICES.
e. Third-Party Products. You may procure and use Third-Party Products in
connection with the Service. You acknowledge and agree that if you or your
users view, access or otherwise interact with Third-Party Products, you or
your users, as the case may be, do so at your own risk and we have no
liability arising from such access or use. You (and your users, as
applicable) are responsible for complying with all terms, conditions and
policies imposed by a provider of a Third-Party Product. We cannot guarantee
the continued availability of integrations of Third-Party Products with the
Service and may cease providing interoperation with a Third-Party Product
without entitling you to any refund, credit, or other compensation, if, for
example and without limitation, the provider of a Third-Party Product ceases
to make the Third-Party Product available for interoperation with the
Service in a manner acceptable to us. Providers of Third-Party Products
shall not be considered our Subprocessors as defined in the Apollo Data
Processing Agreement.
3. ACCOUNT TYPES; CREDITS AND PAYMENT TERMS
a. Subscriptions or customized service accounts. We may provide the Service
through paid accounts, such as by offering a monthly or annual subscription,
or through customized provision of service and payment terms (as further set
forth under an Order Form or separate agreement). If you wish to enter into
such an agreement, please contact us at support@apollo.io.
b. Paid and unpaid self-serve accounts. The Service may also be offered as a
paid or unpaid account on a “self-serve” basis, in which case you will have
the opportunity to click-through these Terms and select the aspects of the
Service you want to use, including an amount of credits that can be used
toward the Service. You may not open multiple accounts for your use under a
self-serve offering or otherwise take any actions which would allow you to
circumvent the credit or rate limits which apply to self-serve offerings.
Should we discover you doing so, we may in our sole discretion terminate
your account immediately, with no right to refund or reinstatement.
c. Credits and Expiration of Credits. All credits purchased or otherwise
obtained by you in connection with your use of the Service are subject to
the rules and restrictions hereunder. These credits may not be resold or
transferred. Credits have an expiration date. For paid accounts, credits
expire at the end of your billing cycle. For unpaid accounts, credits expire
at the end of the monthly term. Please do not purchase credits if you are
not able to use them prior to their expiration date, as no refunds or
extensions will be given. You may not sell or transfer your credits, or
purchase credits except directly from us.
d. Fair use policy. We offer unlimited email credit plans for both our paid and
unpaid accounts. Our unlimited plans operate under a fair use policy in
order to prevent potential abuse. For non-paying customers using an email
address with a valid and verified (by us in our sole discretion) corporate
domain, we have implemented an email credit limit of 10,000 credits per
account per month to prevent abuse. Non-paying customers using an email
address without a valid and verified corporate domain have a lower credit
limit of 100 email credits per account per month. Therefore, we recommend
that you use an email address with a valid corporate domain in connection
with your account. For paying customers, in order to prevent abuse, we have
implemented an email credit limit of the lesser of (i) the dollar amount
paid by the customer for the term of their subscription, divided by $0.025
or (ii) 1 million email credits per account per year, unless a different
credit limit is specified in your Order Form.
e. Payment terms. All paid accounts are subject to the following payment terms
unless otherwise expressly set forth in an Order Form:
i. Fees. You agree to pay us the applicable fees set forth in an Order
Form (whether agreed to on paper or digitally), based on the timetable
set forth in the Order Form. We may increase or otherwise change the
fees at the end of any term set forth in an Order Form, in our sole
discretion, by providing you with written notice (which may be by email
or another conspicuous method).
ii. Timeline of payment; disputes. Invoices for fees that are payable by
ACH (as set forth in an Order Form) must be paid in full in accordance
with the payment terms stated in the Order Form. Fees that are payable
by credit card (as set forth in an Order Form) must be paid in full
upon purchase of the Service. In addition to any other rights it may
have hereunder, Apollo retains the right to suspend your access to the
Service (or any portion thereof) in the event of any late payments.
Unpaid amounts may be subject to a finance charge of 1.5% per month on
any outstanding balance, or the maximum permitted by law, whichever is
lower, plus all expenses of collection (including reasonable attorney’s
fees) that we may incur. You must raise any disputes regarding fees
within thirty (30) days from receipt of the first applicable invoice by
providing a detailed written description of the basis of such dispute.
Any disputes not raised within that time period shall be deemed waived,
unless otherwise agreed by us in our sole discretion.
iii. Taxes. You are responsible for all taxes (including without limitation
sales and use taxes) associated with your use of the Service other than
taxes based on our net income. If we believe any such tax applies to
your subscription and we have a duty to collect and remit such tax, the
same may be set forth on an invoice to you unless you provide us with a
valid tax exemption certificate, direct pay permit, or multi-state use
certificate, and shall be paid by you immediately or as provided in
such invoice.
iv. Subscription seats. Subscriptions are on a per-seat basis, and for a
single “seat” or user, unless otherwise indicated in the Order Form. We
may permit you, in our discretion, to increase the number of seats
licensed to you during a term, in which case we will then begin to
charge you at the new per-seat price. While you may (in our discretion)
increase the number of seats during a term, you may not decrease the
number of seats during a term. Once you increase your per-seat license,
you will be charged on that per-seat basis through the remainder of a
term. You may not seat-share or time-share. You may only permit one
license seat per Authorized User, at any given time.
v. Refunds and discounts. All payments by you are nonrefundable. You have
no right to refunds or credits for partially used Service(s). However,
at any time, and for any reason, we may provide you with a refund,
discount, or other consideration. The amount and form of such
consideration, and the decision to provide it, is at our sole and
absolute discretion. The provision of a refund, discount or other
consideration in one instance does not entitle you to, or obligate us
to provide, a refund, discount or other consideration in the future.
4. TERM; RENEWAL
Your subscription is for the initial service term as specified in the Order Form
and shall be automatically renewed for additional periods of the same duration
as the initial service term, unless either party requests non-renewal and/or
cancels the subscription (i) at least thirty (30) days prior to the end of the
then-current term for annual subscriptions or (ii) prior to 11:59 p.m. Pacific
Time on the day before your next recurring billing date for monthly
subscriptions. Subscriptions are non-cancelable during the term specified in the
Order Form.
5. OWNERSHIP OF THE SERVICE; YOUR LICENSE TO USE THE SERVICE
a. Ownership. As between you and us, all rights, title and interest in and to
the Service and the Output Data (including, for avoidance of doubt, all
Output Data generated or verified in connection with the licenses you grant
us in Section 6(b)), including without limitation the patents, copyrights,
trademarks, trade names, service marks, trade secrets and other intellectual
property rights, and any goodwill associated therewith, are owned by us. For
instance, we own any design, compilation or product features inherent in the
Service, such as the way that data is organized, curated, presented and
delivered, and any know-how or other intellectual property inherent in the
way we create, provide, display or make available the Service. These Terms
of Service do not grant you any ownership right, title or interest in any of
the above. You therefore may not use the Service, including any Output Data,
to create any derivative work, service or product, on your own or on behalf
of any other organization, and you may not resell or re-license the Output
Data in any manner or form.
b. License to you. Subject to your compliance with these Terms and any Order
Forms, you are granted a non-exclusive, revocable, non-assignable and
non-sublicensable license, throughout the term of your subscription to: (i)
use the Service solely for your personal and/or internal business purposes;
and (ii) store, print or make a copy of Output Data solely for your personal
or internal business purposes.
c. License restrictions. You represent and warrant that you will comply with
the following restrictions. Additional rules or policies may be displayed or
put in place through the Service, including any portal through which you
submit or receive data; those rules or policies are incorporated by
reference into these Terms of Service and you agree to adhere to them.
i. Service restrictions:
1. You may not resell, distribute or otherwise disclose or make
available the Service, including any functionally similar or
equivalent version of the Output Data (for instance, “J. Smith, CEO,
Acme Fun Products, Inc.” would be a functionally equivalent version
of “Jane Smith, CEO and Founder, AFP, Inc.”) (hereinafter the
“Resale Restriction”). For the avoidance of doubt, you may contact
us if you wish to do the foregoing, in which case we may, in our
sole discretion, enter into a separate agreement with you permitting
resale.
2. You may not access the Service, including any functionally similar
or equivalent version of the Output Data, on behalf of any
third-party entity or organization.
3. You may not transmit information to or through the Service that is
fake or fictitious, impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person or
entity in connection with your use of the Service.
4. You may not develop any service, product, toolset, dataset or
derivative work from the Service, whether in aggregated or
non-aggregated form, and whether in identified or de-identified
form.
5. You may not reverse engineer, decompile or disassemble the Service
(in whole or in part).
6. You may not access the Service or extract data from the Service in a
way that exceeds your authority from us or violates these terms or
other policies or restrictions we have implemented (whether such
implementation is verbal or technical in nature).
7. You may obtain Output Data solely through the APIs and interfaces
provided by us. You shall not use any other manual or automated
means, (including “data scraping,” crawlers or bots) in order to
access or obtain the Service.
8. You may not leverage, consult with, use, review (in trial, free, or
paid form) or rely upon the Service to develop or create a product
or feature that is competitive with the Service (or any portion
thereof).
ii. Restrictions on the use of Output Data: You may not use the Service
(including use of the Service to send email, mail, SMS, push
notifications, fax phone or other communications):
1. in a manner that violates any applicable laws (including, without
limitation any marketing or data privacy and security laws) or
industry best practices or that would cause us to violate applicable
law. In particular you agree not to use the Service in a manner that
would violate the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam
Legislation (CASL), the U.S. TCPA, the Telemarketing Sales Rules or
any similar such laws.
2. to advertise or promote any illegal service or product (or send any
other communications) that are illegal in the place offered or
consumed.
3. to advertise or promote tobacco products, firearms, ammunition or
other weapons, counterfeit or pirated goods or services, adult
content or services (such as pornography or escort services),
unlicensed gambling, investment schemes (including promotion of
“pink slip” stocks), astrology or psychic services, lotteries,
credit repair services, payday loan services, or any type of hate
speech (targeting any societal group).
4. to violate any securities or commodities regulations (such as to
support a “pump and dump” scheme).
5. to defraud, deceive, mislead, discriminate against, harass, libel or
defame any person, group or entity.
6. to violate or promote any violation of any person’s or entity’s
intellectual property rights.
7. to threaten, promote or commit violence or fraud, or to violate any
person’s or entity’s rights.
iii. Restrictions on use of Email Services: The following are provided as
examples of practices which are not permitted from the Service. Such
practices will be considered a violation of the license restrictions
hereunder. These practices are subject to change.
1. Sending of emails from a group distribution email such as hello@ or
marketing@ etc.
2. Failing to include appropriate opt out mechanisms in commercial
emails or failing to comply with applicable laws or best practices
related to opt-outs or user choice and control principles.
3. Using a fictional identity, pseudonym or alias to send emails.
4. Sending emails that generate an unacceptable (as determined in our
reasonable discretion) level of bounces, spam or complaints
5. Transmitting material that contains or links to virus, trojan horse,
worms or any malicious or harmful software program.
6. Using our Service in conjunction with any unsolicited or harassing
messages (commercial or otherwise) including but not limited to
unsolicited emails, text messages or phone calls.
d. Notice of violation; suspension. In the event you are aware of or suspect a
violation of these restrictions and policies, please notify us at
abuse@apollo.io. We will determine compliance with these restrictions at our
sole discretion. In the event that we confirm or reasonably suspect that you
have failed to comply with these Terms or have otherwise used the Service in
an abusive or fraudulent manner or in a manner intended to circumvent our
stated policies or rules, we may immediately terminate your access to the
Service, and, upon our written demand, you shall cease all use of the
Service and the Output Data.
e. Our marks. The Apollo names and logos are trademarks of ours, and may not be
copied, imitated or used, in whole or in part, without our prior written
permission.
6. OWNERSHIP OF THE SUBMITTED DATA; OUR LICENSE TO USE AND SHARE THE SUBMITTED
DATA
a. Ownership. As between you and us, all right, title and interest in and to
Submitted Data is owned by you.
b. The Licenses You Grant To Us. You agree to and hereby do grant us a license
to:
i. host, access, copy, use, transfer, and process the Submitted Data for
the purpose of providing, developing and improving the Service and
supporting you under these Terms.
ii. analyze Submitted Data, including through the use of techniques such as
machine learning, in order to provide, develop and improve the Service.
For the avoidance of doubt, you retain all ownership of Submitted Data
and we retain all ownership in and to all system performance data,
machine learning algorithms, and aggregated results of such machine
learning.
iii. use the Submitted Data in order to grow, enrich and verify the Output
Data included in the Contributor Database; provided that we will not
publicly refer to or associate you with any such Submitted Data.
iv. use, share, sublicense, display, copy, publish and distribute the
Submitted Data in aggregated, de-identified form for any purpose, in
any medium.
The foregoing license grants to us shall be worldwide, non-exclusive,
irrevocable, perpetual and royalty-free. We shall have the right to
sublicense, assign, or transfer such licenses at our discretion.
c. The Representations You Make To Us. You represent and warrant that:
i. you have all necessary rights, permissions, and authority to provide
and license the Submitted Data to us (in whole and in part) for our use
as described hereunder, and that doing so will not put you in violation
of any contracts you have signed or any laws.
ii. the Submitted Data is true, accurate, and of living persons and does
not contain any sensitive information or sensitive Personal
Information, including any information about individuals under the age
of 18.
iii. providing the Submitted Data to us does not violate the U.S. HIPAA law:
for instance, it is not (in whole or in part) a list of hospital or
doctor's patients, or a similar dataset consisting of patients or
clients of an entity subject to HIPAA (this might include, for
instance, a doctor, dentist, chiropractor, acupuncturist, pharmacist or
other health professional). Similarly, you agree not to provide us with
Submitted Data consisting of a list of clients of an entity covered by
the GLBA, which applies to many types of financial institutions
including banks, hedge funds, investment advisers and insurance
companies.
7. REQUIRED CONSUMER CONSENTS AND PERMISSIONS; YOUR RESPONSIBILITIES
a. Responsibility for your use of Output Data. You acknowledge and agree that
you are solely responsible and liable for your use of the Output Data and
any communications made in connection with your use of the Output Data.
b. Notice and consent. You acknowledge that in some countries, U.S. states or
other jurisdictions, you may be required to obtain consent, provide notice
or complete some other action in order to lawfully conduct certain types of
marketing activities or processing of Personal Information. You understand
that we have not provided any notices nor obtained any rights or consents on
your behalf. Therefore, to the extent that any law or regulation may require
that you provide notice, obtain consent or complete some other action in
order to lawfully market to any person or process their Personal
Information, you represent and warrant that you shall obtain such notices or
consents or otherwise complete such action on your own behalf.
c. Legal bases for processing. In connection with the Services, you may access,
receive or otherwise process Output Data which is subject to various privacy
and security laws governing Personal Information such as the UK/EU GDPR. If
you do so, you agree that you will only access, use or otherwise process
such Output Data:
a. pursuant to explicit consent from the data subject of the Output Data,
sufficient to comply with the consent requirements of applicable laws, or
b. pursuant to any other legal basis (or substantively similar term) for
processing under applicable law. For example, in accordance with the
EU/UK GDPR, you may use Output Data for purposes that you have
established are necessary to pursue your legitimate interests under the
EU/UK GDPR, such as use of the Output Data in order to perform reasonable
and actual data validation or hygiene or updating of your own legally
obtained customer database.
d. Compliance with law. You shall comply with all laws applicable to your use
of the Service. Notwithstanding anything herein (including any permissions
granted by us herein), you are solely responsible for your own understanding
of, and compliance with, all applicable laws. We make no representation (and
you should not rely on any representation by us) regarding what applicable
law might or might not require (including with respect to data subject
notices, consents and permissions).
8. DATA PRIVACY AND SECURITY
a. Data Processing Agreement. The Apollo Data Processing Agreement is hereby
incorporated by reference into these Terms. The parties shall comply with
the terms of the Apollo Data Processing Agreement as it relates to all
processing of Personal Information in connection with these Terms.
b. Privacy Policy. You acknowledge the collection, use, disclosure and other
handling of information, including Personal Information, described in our
Privacy Policy, which we may update from time to time.
c. Nature of Exchange. Our Service contains certain “co-operative” elements.
This means that in exchange for providing the Submitted Data to us for use
as described in Section 6(b) above, and potentially for the use of other
customers through our Contributor Database (at our sole discretion), you
will receive access to Output Data consisting of information that we hope is
equally valuable to you. This in turn may amount to a “sale” of Personal
Information under certain state statutes, and (depending whether you are
subject to those statutes, which may depend upon your size or the nature of
your business) such “sale” of information may require you to make certain
disclosures or provide certain consumer “opt out” or other rights. We may in
turn provide you with materials or recommendations regarding these
requirements: if we do so, you understand that these are purely advisory in
nature and are neither legal advice nor a substitute for legal advice. You
therefore should consult counsel regarding requirements you may have under
any such applicable law.
9. DISCLAIMERS
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (AND ALL OUTPUT DATA
PROVIDED THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL
CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE,
(6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR
UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES
ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY
DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (8) THAT THE SERVICE IS
COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE
WILL ENFORCE THE TERMS OF SERVICE AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS
BY US TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR
ANY OTHER PROVISION OF THESE TERMS OF SERVICE. Some jurisdictions limit or do
not allow the disclaimer of implied warranties. In such states, these warranties
will be disclaimed only to fullest extent permitted by law.
10. LIMITATION OF LIABILITY
APART FROM CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREIN, NEITHER PARTY (NOR ITS
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES,
PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT
CONTRACTORS, AND RELATED PARTIES) SHALL BE LIABLE TO THE OTHER PARTY FOR ANY
LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE
SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICES
OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE
OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON
LAW PRECEDENT OR OTHERWISE, EVEN IF THE RESPECTIVE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM A PARTY’S ENTITY’S
NEGLIGENCE OR GROSS NEGLIGENCE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM UNDER OR RELATING TO
THESE TERMS OR THE SERVICE EXCEED THE TOTAL OF THE AMOUNT PAID BY YOU TO US
DURING THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.
ADDITIONAL DISCLAIMERS FROM US MAY APPEAR WITHIN THE SERVICE AND ARE
INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE
GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED
THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
Some jurisdictions restrict or do not allow some of the foregoing limitations of
liability in contracts, and as a result the contents of this section may not
apply to you. In cases where such laws apply, our liability shall be limited to
the fullest extent permitted by law.
11. ARBITRATION, CLASS ACTION WAIVER AND APPLICABLE LAW
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS.
a. Arbitration and class-action waiver.
i. Federal Arbitration Act. You agree that these Terms of Service affect
interstate commerce and that the Federal Arbitration Act governs the
interpretation and enforcement of these arbitration provisions.
ii. Initial Dispute Resolution. Most disputes can be resolved without
resorting to litigation. You and we agree to use reasonable efforts to
settle any dispute or claim, and good faith negotiations shall be a
condition to either party initiating a lawsuit or arbitration, other
than lawsuits or arbitration for injunctive relief from alleged
intellectual property infringement. To commence this procedure, you
agree to contact our support department at support@apollo.io, or we
may contact you using the last available information we have for you.
iii. Binding Arbitration. If we do not reach an agreed-upon solution within
a period of ten (10) days from the time informal dispute resolution is
initiated under the Initial Dispute Resolution provision above, then
we both agree to resolve by arbitration any and all controversies,
claims, or disputes arising out of, relating to, or resulting from (1)
your relationship with the us, (2) these Terms of Service, (3) any
other aspect of the Service. These Terms of Service are intended to
require arbitration of every claim or dispute that lawfully can be
arbitrated, except for those claims and disputes which by the terms of
these Terms of Service are expressly excluded from section 11.
iv. Governing Arbitration Rules. All claims subject to arbitration shall
be finally settled by binding arbitration administered by JAMS in
accordance with the JAMS rules in effect at the time the arbitration
is initiated, excluding any rules or procedures that would permit
class actions or other representative actions. The arbitrator, and not
any federal, state, or local court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of these
Terms of Service including but not limited to any claim that all or
any part of these Terms of Service (such as this section 11) is void
or voidable, or whether a claim is subject to arbitration, except that
the arbitrator shall have no authority to find that a claim may
proceed on a class basis or as part of another representative action:
only a court may address disputes regarding the validity or
enforceability of the Class Action Waiver section below, section
11(A)(v). The arbitrator shall be empowered to grant whatever relief
would be available in a court under law or in equity. The arbitrator’s
award shall be written and shall be binding on the parties and may be
entered as a judgment in any court of competent jurisdiction. To start
an arbitration, unless there are conflicting rules at www.jamsadr.com,
you must do the following: (A) Write a Demand for Arbitration that
includes a description of the claim and the amount of damages you seek
to recover. You may find a copy of a Demand for Arbitration at
www.jamsadr.com; (B) Send three copies of the Demand for Arbitration,
plus the appropriate filing fee, to JAMS, Two Embarcadero Center,
Suite 1500, San Francisco California 94111; and (C) Send one copy of
the Demand for Arbitration to us at 440 N Barranca Ave #4750, Covina,
CA 91723. To the extent the filing fee for the arbitration exceeds the
cost of filing a lawsuit, we will pay the additional cost. If the
arbitrator finds the arbitration to be non-frivolous, we will pay all
of the actual filing and arbitrator fees for the arbitration, provided
your claim does not seek more than $75,000. The arbitrator shall have
the power to award any remedies available under applicable law, and
the arbitrator shall award attorneys’ fees and costs to the prevailing
party, except as prohibited by law. The parties understand that,
absent this mandatory provision, they would have the right to sue in
court and have a jury trial. They further understand that, in some
instances, the costs of arbitration could exceed the costs of
litigation and the right to discovery may be more limited in
arbitration than in court. If you are a resident of the United States,
arbitration may take place at any reasonable location within the
United States convenient for you. For residents outside the United
States, arbitration shall be initiated in San Francisco County,
California, United States of America, and you and we agree to submit
to the personal jurisdiction of any court in San Francisco County,
California, in order to compel arbitration, to stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment
on the award entered by the arbitrator.
v. Class Action Waiver. The parties agree that the arbitration shall be
conducted in their individual capacities only and not as a class
action or other representative action, and the parties expressly waive
their right to file a class action, seek relief on a class basis, or
join or serve as a member of a class action. YOU AND ZENLEADS AGREE
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If for any reason the
proper decisionmaker determines that the waiver of class and
representative actions set forth in this paragraph is void or
unenforceable or that an arbitration can proceed on a class or
representative basis, then section 11(A) and section 11(B) shall be
deemed null and void in their entirety and the parties shall be deemed
to have not agreed to arbitrate disputes.
vi. 30-Day Right to Opt Out. You have the right to opt out and not be
bound by this version of section 11 by sending written notice of your
decision to opt out to support@apollo.io with the subject line,
“ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent
within thirty (30) days of the first date that you agree to any
version of these Terms of Service that contains this version of
section 11. If you do not opt out, you will be bound to arbitrate
disputes in accordance with the terms of this section 11. You have the
right to consult with counsel of your choice concerning this section
11. You understand that you will not be subject to retaliation if you
exercise your right to opt out of coverage under this section 11. If
you opt out of section 11, we also will not be bound by it in disputes
with you.
vii. Changes to this Section. We will provide (60) days notice of any
changes to this section. Changes will become effective on the sixtieth
(60th) day, and will apply prospectively only to claims arising after
the sixtieth (60th) day. If a court or arbitrator (in either case,
with the authority to make such decision) decides that this subsection
on “Changes to This Section” is not enforceable or valid, then this
subsection shall be severed from Section 11 and the court or
arbitrator shall apply the first Arbitration and Class Action Waiver
section you agreed to.
viii. Survival. This section 11 shall survive any termination of these Terms
of Use.
b. Limitations to this agreement to arbitrate. This section (Arbitration and
Class Action Waiver) shall be limited as follows:
i. Intellectual Property Claims. Notwithstanding the parties’ decision to
resolve all disputes through arbitration, either Party may bring an
action on an individual (not class or representative action) basis in
state or federal court or in the U.S. Patent and Trademark Office to
protect its patents, copyrights, moral rights, trademarks, and trade
secrets, but not privacy or publicity rights.
ii. Small Claims Court. Notwithstanding the parties’ decision to resolve all
disputes through arbitration, either Party may seek relief in a small
claims court on an individual (not class or representative action) basis
for disputes or claims within the scope of that court’s jurisdiction.
c. Applicable Law. The Terms of Service and the relationship between us shall
be governed in all respects by the laws of the State of California, without
regard to its conflict of law provisions. Any claim or dispute either of us
may have against the other that is not subject to arbitration must be
resolved by a court located in San Francisco County, California (or by a
small claims court located elsewhere in the United States when section
11(b)(ii) applies). We both agree to submit to the personal jurisdiction of
the courts located within San Francisco County, California (or a small
claims court located elsewhere in the United States when section 11(b)(ii)
applies), for the purpose of litigating all such claims or disputes that are
not subject to arbitration.
12. INDEMNIFICATION
You agree to indemnify, defend and hold us, our affiliates, directors, officers,
employees, contractors and agents, and our suppliers, licensors, and service
providers harmless from and against any actual or threatened loss, liability,
claim, demand, damages, costs or expenses, including reasonable attorneys’ fees
and expenses (collectively, “Claims”), arising out of or in connection with: (1)
Your use of the Service; (2) Your breach of these Terms of Service; (3) Your
violation of any applicable law or rights held by any third party; or (4) the
Submitted Data.
We will have the right, but not the obligation, to participate through counsel
of our choice in any defense by you of any Claims as to which you are required
to defend, indemnify, or hold us harmless. You may not settle any Claims in a
manner that may impose any obligation upon us, without our prior written
consent. The members of our corporate family, and its agents, partners,
employees, contractors and advertisers, are third-party beneficiaries of this
paragraph. Other than such parties, there are no other third-party beneficiaries
of the Terms of Service. Should you not in a timely manner agree to indemnify
and defend us upon our notice to you of a covered Claim, we may retain our
counsel, for whose reasonable fees you shall be liable, and we may settle any
such Claim, for which you likewise shall be liable.
13. CHANGES TO THE SERVICE
We may change the features and functionality of the Service at any time. This
may include adding, modifying or removing any features or functionality of the
Service or altering the amount of Output Data or other access we provide. The
Terms of Service will apply to any changed version of the Service. We may also
suspend or stop the Service altogether. In addition, we may impose or alter fees
for new or existing aspects of the Service, including updating our credit
conversion policies at any time.
14. CONFIDENTIALITY
i. Confidential Information. From time to time under these Terms, either
Party (the “Disclosing Party”) may disclose or make available to the other
Party (the “Receiving Party”), non-public, proprietary, or confidential
information of Disclosing Party that is clearly designated by Disclosing
Party as confidential or which Receiving Party should reasonably
understand Disclosing Party would expect to be treated as confidential
(collectively “Confidential Information”); provided, however, that
Confidential Information does not include any information that: (i) is or
becomes lawfully and generally available to the public other than as a
result of Receiving Party’s breach of this section 14 or any other duty or
obligation of confidentiality owed to the other Party, (ii) is or becomes
available to Receiving Party on a non-confidential basis from a
third-party source, provided that such third-party is not and was not
prohibited from disclosing such Confidential Information, (iii) was in
Receiving Party’s possession prior to Disclosing Party’s disclosure
hereunder as evidenced by its records, or (iv) was or is independently
developed by Receiving Party without using any Confidential Information.
Without limitation, the ”Output Data” is Apollo’s Confidential Data.
ii. Obligations. Receiving Party will: (i) protect and safeguard the
confidentiality of Disclosing Party’s Confidential Information with at
least the same degree of care as Receiving Party would protect its own
Confidential Information, but in no event with less than a commercially
reasonable degree of care, (ii) not use Disclosing Party’s Confidential
Information, or permit it to be used, for any purpose other than to
exercise its rights or perform its obligations under these Terms, and
(iii) not disclose any such Confidential Information to any person or
entity, except to Receiving Party’s employees, agents, contractors,
attorneys or representatives (“Representatives”) acting in the course of
their obligations and rights hereunder.
iii. Required Disclosure. If Receiving Party is required by applicable law or
legal process to disclose any Confidential Information, it will, prior to
making such disclosure, use commercially reasonable efforts to notify
Disclosing Party of such requirements to afford Disclosing Party the
opportunity to seek, at Disclosing Party’s sole cost and expense, a
protective order or other remedy and Receiving Party must only disclose or
furnish that portion of Confidential Information as such Receiving Party
or the applicable Representative is legally obligated or compelled to so
produce or disclose.
iv. Return or Destruction. At the Disclosing Party’s request, the Receiving
Party will return or destroy any Confidential Information Receiving Party
obtained from the Disclosing Party. However, nothing contained herein will
be construed to prohibit Receiving Party from retaining electronic
information maintained in compliance with its digital data retention and
automated backup procedures provided that; such Confidential Information
will remain subject to the confidentiality obligations set forth herein.
v. Remedies. In the event of a breach of this section 14, the Receiving Party
understands and agrees that direct money damages may not be an adequate
remedy for any breach of these Terms by it and that the Disclosing Party
may be entitled (without exclusion of other remedies herein) to seek
specific performance and injunctive or other equitable relief as a remedy
for any such breach. The Receiving Party further agrees to waive any
requirement for the Disclosing Party to secure or post any bond in
connection with such remedy.
vi. Conflicting Obligations. The provisions of this section 14 supersede and
replace in whole any previous confidentiality, non-disclosure or similar
agreement between the Parties.
15. EQUITABLE RELIEF
In the event of a breach of the Resale Restriction in section 5, the Parties
agree that money damages may not be an adequate remedy. Accordingly, in the
event of such breach, you agree that we will be entitled (without exclusion of
other remedies herein, including monetary remedies) to seek specific performance
and injunctive or other equitable relief as a remedy for any such breach,
including disgorgement of profits. You further agree to waive any requirement
that Apollo secure or post any bond in connection with such remedy. You further
agree that should we prevail in a suit in which we assert violation of the
Resale Restriction, you will pay our reasonable attorneys’ fees and costs,
including costs of investigation.
16. MISCELLANEOUS
a. Complete Agreement and Understanding. These Terms of Service are the entire
and exclusive understanding and agreement between us and you regarding the
Service as well as the Submitted Data.These Terms supersede and replace any
and all prior oral or written understandings or agreements between us and
you regarding such topics (including, with respect to the subject matter
hereof, any non-disclosure or confidentiality agreement previously entered
into between us), provided that any modification in an Order Form shall
govern and supersede any conflicting provision in these Terms.
b. Our Relationship With You. The relationship between you and us is that of
independent contractors, and nothing in these Terms of Service shall be
construed to create or imply any other relationship (such as a partnership
or an employer/employee or agency relationship).
c. Assignment. We may assign these Terms at our discretion. You may not assign,
sublicense or transfer these Terms (or our license grant to you herein) in
whole or in part to anyone else.
d. Severability. If any provision of these Terms is determined by a court to be
invalid, illegal or unenforceable, that determination will not affect the
validity or enforceability of the remaining provisions of the Terms, and
each provision shall be considered as separate, severable and distinct from
each other.
e. Waiver. If we (or you) don't enforce any part of these Terms, it won't be
considered a waiver. 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.
f. Notice. Legal notices to us (including but not limited to termination
notices) must be sent to support@apollo.io or 440 N Barranca Ave #4750,
Covina, CA 91723. We will send legal notices to you via a method of our
choosing that is reasonably intended to provide such notice to you,
including without limitation via the Service or to the email or other
address you have provided to us.
g. Termination.
i. Termination for cause. In addition to any other remedies it may have,
either party may terminate these Terms, effective immediately, if (A)
the other party breaches these Terms and fails to cure such breach
within thirty (30) days of its receipt of a written notice identifying
the breach in reasonable detail (or ten (10) days in the case of
non-payment), or (B) subject to applicable law, upon the other party’s
liquidation, commencement of dissolution proceedings or assignment of
substantially all of its assets for the benefit of creditors, or if the
other party becomes the subject of bankruptcy or similar proceeding
that is not dismissed within sixty (60) days. If the Agreement is
terminated as a result of a material breach by you, then you shall pay
in full all remaining fees payable through the remainder of any
outstanding Order Form; or if you have prepaid any fees, then those
fees are nonrefundable.
ii. Termination for convenience. In addition to the right to terminate for
cause, (a) for paid subscriptions, we may terminate these Terms for
convenience by providing you at least thirty (30) days' prior written
notice; and (b) for unpaid accounts only, either party may terminate
these Terms, effective immediately, by providing the other party
written notice. For paid subscriptions, you will pay in full for the
Service up to and including the last day on which the Service is
provided.
iii. Effect of termination. If these Terms terminate, you will no longer be
authorized to access the Services (except as provided under section 4
hereunder).
iv. Inactivity. For non-paying customers, if there is no activity in your
account for six (6) months or more, Apollo reserves the right to
deactivate your account, delete data from your account and/or restrict
access to certain functionality in your account, at Apollo's sole
discretion.
v. Survival. Sections 1 and 5-12, 14-16 of these Terms will survive
termination.
h. Force Majure. We will not be deemed responsible or liable for any failure to
perform or delay in performance under these Terms (or any Order Form) where
such delay or failure is beyond our control, including, without limitation,
where caused by strikes or labor disputes, internet or telecommunications
failures, shortages of or inability to obtain labor, energy, or supplies,
war, terrorism, riot, acts of God or governmental action, natural disasters
including floods, earthquakes and hurricanes, acts by hackers or other
malicious third parties and problems with the Internet generally, and such
performance shall be excused to the extent that it is prevented or delayed
by reason of any of the foregoing.
i. Monitoring. We, or service providers working with us, may monitor the
Service for any legitimate business purpose, including to monitor compliance
with these Terms or evaluate how the Service is being accessed and used. We
will be the sole and final arbiter as to whether the Service is being
misused or these Terms are being violated. If we believe you have violated
these Terms (or any law) we may terminate your account and access to the
Service immediately and without notice. In such a situation we also may seek
civil, criminal or injunctive relief, at our sole discretion and without
obligation, to enforce this Terms of Service and the law.
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