Last Updated: December 6, 2024
These Terms of Service (hereinafter, the “Terms”) constitute a legally binding agreement between you (hereinafter, “You” or “User”) and FindMailX (hereinafter, “FindMailX,” “We,” “Us,” or “Our”) governing your use of, and access to, the FindMailX services, products, websites, software, application programming interfaces (“APIs”), integrations, and related offerings (collectively, the “Services”).
By accessing, using, or registering an account for the Services, You acknowledge that You have read, understood, and agree to be bound by these Terms and any policies, guidelines, or other documents referenced herein. If You do not agree to these Terms, You must refrain from using the Services.
2.1 Service Description: FindMailX provides certain functionalities relating to the discovery, validation, and verification of email addresses. These may include, without limitation:
Identifying email addresses based on provided names and domains;
Verifying the authenticity, status, and validity of email addresses;
Providing API-based integrations for automated workflows;
Offering bulk data processing and reporting capabilities; and
Delivering historical usage data, analytics, and related information.
2.2 Modifications: We reserve the right, at Our sole discretion, to add, remove, modify, suspend, or discontinue any aspect of the Services at any time. This may include changing functionalities, introducing new features, updating pricing, imposing geographical restrictions, or limiting certain functionalities. We will use commercially reasonable efforts to notify You of material changes, but We are under no obligation to provide advance notice for all modifications. Your continued use of the Services following any such modifications constitutes Your acceptance of the changes.
3.1 Eligibility: You represent and warrant that You are at least eighteen (18) years of age and capable of entering into legally binding contracts. If You are using the Services on behalf of an entity, You represent and warrant that You have the authority to bind such entity to these Terms.
3.2 Account Creation: Certain features of the Services may require the creation of a user account. When registering an account, You agree to:
Provide accurate, current, and complete information;
Maintain the confidentiality and security of Your account credentials;
Update Your account information promptly if it becomes inaccurate or outdated; and
Accept responsibility for all activity that occurs under Your account.
3.3 Account Security: You shall notify FindMailX immediately if You become aware of any unauthorized access to or use of Your account or credentials. FindMailX shall not be liable for any losses arising from unauthorized use of Your account, and You may be held liable for any damages incurred by FindMailX or third parties due to such unauthorized use.
3.4 Non-Transferability: Your account is personal to You. Except with Our prior written consent, You may not share, sell, lease, assign, or otherwise transfer Your account or any rights or obligations under these Terms.
4.1 API Keys and Documentation: If You use Our APIs, You must keep all API keys, tokens, and other credentials confidential. You agree to adhere to all technical and usage guidelines, including rate limits, quotas, and instructions set forth in Our official documentation and communications.
4.2 Prohibited Conduct: You shall not:
Exceed or circumvent rate limits, quotas, or restrictions;
Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or trade secrets of any aspect of the Services; or
Use the APIs in any manner that may harm, disrupt, or overload the Services or any underlying systems.
4.3 Suspension and Revocation: FindMailX may suspend, revoke, or limit Your API access at any time if it determines, in its sole discretion, that You have violated these Terms, misused the Services, or otherwise created a risk of harm or liability.
5.1 Fees: Certain Services may be subject to fees, which are typically charged on a subscription or usage basis. All fees shall be disclosed at the time of purchase, subscription, or renewal. By agreeing to these Terms, You agree to pay all applicable fees in a timely manner.
5.2 Billing and Renewal: Unless otherwise agreed, subscription fees are payable in advance for each billing cycle. Unused credits, quotas, or allocations will not roll over to subsequent billing periods. Unless You cancel before the end of the current billing period, Your subscription may automatically renew at the then-current rates.
5.3 Refund Policy: For new customers, FindMailX may offer refunds within seven (7) calendar days of initial purchase. Refund eligibility and amount shall be determined at FindMailX’s sole discretion and subject to applicable law. Beyond this initial period, all sales are final, unless otherwise required by law.
5.4 Changes in Pricing: FindMailX reserves the right to change its pricing, fee structures, or payment terms. We will provide You with at least thirty (30) days’ prior notice of material fee changes. Your continued use of the Services after the effective date of such changes constitutes acceptance of the modified fees.
5.5 Taxes: You are responsible for all taxes, duties, and other governmental assessments associated with Your use of the Services. FindMailX may collect applicable taxes on Your behalf where required by law.
6.1 Prohibited Activities: You agree not to use the Services to:
Send, facilitate, or promote unsolicited communications (“spam”), harassment, or other abusive conduct;
Violate any applicable local, state, national, or international laws, regulations, or directives;
Infringe upon the intellectual property, privacy, or other rights of any third party;
Access, intercept, or use data, accounts, or systems without authorization;
Share or sell personal data in violation of privacy laws or without proper consent;
Introduce viruses, malware, or other harmful code; or
Interfere with, disrupt, or degrade the operation, security, or performance of the Services.
6.2 Legal Compliance: You represent and warrant that Your use of the Services, including the data You input or process, complies with all applicable data protection, privacy, and communications laws, as well as any industry-specific regulations or professional standards.
7.1 Ownership: FindMailX and its licensors retain all right, title, and interest in and to the Services, including any and all intellectual property rights, whether registered or not. Nothing in these Terms transfers any ownership of such rights to You.
7.2 User Data: You retain all rights, title, and interest in and to data You submit, upload, or otherwise make available through the Services (“User Data”). By providing User Data to FindMailX, You grant FindMailX a worldwide, non-exclusive, royalty-free license to use, store, process, and modify User Data solely for the purpose of providing the Services in accordance with these Terms and the Privacy Policy.
7.3 Trademarks: All trademarks, service marks, logos, trade names, and other proprietary designations of FindMailX used herein are the sole property of FindMailX. Nothing in these Terms grants You a license to use any of the foregoing.
8.1 Privacy Policy: Our collection, use, storage, and disclosure of personal information is governed by Our Privacy Policy, which is incorporated herein by reference. By using the Services, You acknowledge and agree to the terms of the Privacy Policy.
8.2 Data Security: We implement commercially reasonable administrative, technical, and physical measures to safeguard User Data against unauthorized access, disclosure, or destruction. However, no security measures are infallible, and We cannot guarantee absolute security.
8.3 Data Compliance: We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. You agree to comply with all applicable data protection obligations relating to Your use of the Services.
9.1 Termination by FindMailX: We may suspend or terminate Your access to the Services, in whole or in part, immediately and without prior notice if:
You fail to pay any fees when due;
You materially or repeatedly breach these Terms;
We are required to do so by law, regulation, or court order; or
We elect to discontinue the Services in whole or in part.
9.2 Termination by You: You may terminate Your account or subscription at any time by following the instructions provided in the Services or by contacting FindMailX customer support. Any prepaid fees are non-refundable unless otherwise stated in these Terms or required by law.
9.3 Effect of Termination: Upon termination, all licenses and rights granted to You under these Terms shall immediately cease. You shall discontinue all use of the Services. Sections of these Terms that by their nature should survive termination (including, without limitation, provisions regarding limitations of liability, indemnification, and governing law) shall remain in full force and effect.
10.1 As-Is Basis: EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
10.2 No Guarantees: FINDMAILX DISCLAIMS ALL WARRANTIES REGARDING:
11.1 Consequential Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FINDMAILX, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SERVICES.
11.2 Liability Cap: TO THE EXTENT NOT PROHIBITED BY LAW, FINDMAILX’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO FINDMAILX FOR THE SERVICES DURING THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).
You agree to indemnify, defend, and hold harmless FindMailX, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
FindMailX shall not be deemed in breach of these Terms for any failure or delay in performing Our obligations hereunder if such failure or delay is caused by circumstances beyond Our reasonable control, including acts of God, war, terrorism, riots, embargoes, strikes, disruptions in telecommunications or power, or the actions of governmental authorities.
14.1 Governing Law: These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.
14.2 Jurisdiction: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and each party irrevocably consents to the jurisdiction and venue of such courts.
14.3 Injunctive Relief: Nothing in these Terms shall prevent either party from seeking immediate injunctive or equitable relief from a court of competent jurisdiction as necessary to prevent or remedy irreparable harm.
You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder without the prior written consent of FindMailX. Any attempted assignment in violation of this Section shall be null and void. FindMailX may assign these Terms or any rights or obligations hereunder, in whole or in part, without Your consent.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to be enforceable, and all other provisions shall remain in full force and effect.
No waiver by FindMailX of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing to be effective.
18.1 Communications: All notices, requests, consents, claims, demands, and other communications required or permitted under these Terms shall be in writing. FindMailX may notify You via email at the email address associated with Your account, or by posting a notice on Our website or within the Services. You may provide notice to FindMailX by contacting Us at admin@findmailx.com.
18.2 Effective Date of Notice: Notices shall be deemed effective upon transmission if sent via email (provided no “bounce” or similar notice of non-delivery is received), or on the date posted if provided via Our website or Services.
These Terms, together with any policies, guidelines, or documents expressly incorporated by reference (including Our Privacy Policy), constitute the entire agreement between You and FindMailX with respect to the subject matter herein, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.
By using the Services, You represent that You have read, understood, and agree to be bound by these Terms.
If You have any questions or concerns regarding these Terms, please contact FindMailX at: admin@findmailx.com