1. Overview
These Terms of Service (“Terms”) govern your access to and use of the LeadDataKernel website, products, datasets, and related services (collectively, the “Services”). By purchasing or using any dataset or feature, you agree to these Terms and our Privacy Policy.
If you are accepting on behalf of a company or organization, you represent that you have the authority to bind that entity and that “you” means that entity. If you do not agree, do not use the Services.
2. Definitions
- “Customer Data” means information you provide to us (e.g., order details, support messages).
- “Delivered Data” means datasets or files we deliver to you after purchase.
- “Authorized Users” means your employees, contractors, or agents permitted to use Delivered Data for your business.
- “Sensitive Data” means data requiring special protection (e.g., financial account numbers, government IDs).
3. Accounts & Eligibility
- You must be at least 18 and legally able to enter contracts.
- You are responsible for your account, credentials, and all activities under it.
- Provide accurate information and keep it up to date.
4. Orders & Pricing
- Pricing is typically tier-based by row volume. Final pricing appears at checkout or in an order confirmation.
- Taxes, payment processing charges, and currency conversion fees (if any) are your responsibility.
- Orders may require verification or alignment with applicable data usage rules before delivery.
- We may reject or cancel an order (e.g., compliance concerns, suspected fraud). Refunds follow Section 15.
5. Data License & Permitted Use
Upon full payment, we grant you a non-exclusive, non-transferable license to use the Delivered Data internally for your legitimate business purposes. Unless expressly permitted in your order:
- No resale, re-licensing, public posting, or sharing of Delivered Data outside your organization.
- No use to create competing datasets or derivative public databases.
- No deanonymization, re-identification, or combining with sensitive or prohibited data sources.
- Access must be limited to Authorized Users with a need-to-know.
Some datasets may include additional terms. If a conflict occurs, specific dataset terms control for that dataset.
6. Acceptable Use (Prohibited Conduct)
- No harassment, deception, illegal marketing, spam, or unlawful discrimination.
- No scraping our site at abusive rates or interfering with platform integrity.
- No use that violates applicable laws (e.g., privacy, e-communications, consumer protection).
- No handling of Sensitive Data unless expressly permitted in writing.
7. Privacy & Data Processing Addendum (DPA)
We handle Customer Data as described in our Privacy Policy. Where required, a separate DPA may apply to govern processing on your behalf. You must secure your own systems and access.
8. Confidentiality
Non-public information exchanged under an order or support engagement is confidential. Each party will use it solely to fulfill obligations under these Terms and protect it with reasonable safeguards.
9. Intellectual Property
We retain all rights, title, and interest in our Services, datasets, tooling, and content. Except for the limited license in Section 5, no rights are granted by implication or otherwise.
10. Third-Party Services
Our Services may interoperate with third-party tools (e.g., payment gateways). We are not responsible for third-party services, their terms, or availability.
11. Warranties & Disclaimers
- We provide the Services “as is” and “as available.”
- We do not guarantee that Delivered Data will meet all outcomes you seek (e.g., campaign performance).
- To the maximum extent permitted by law, we disclaim all warranties, express or implied.
12. Limitation of Liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim is limited to the amounts you paid to us for the specific order giving rise to the claim within the twelve (12) months preceding the claim.
13. Indemnification
You will defend and indemnify us from claims arising out of your misuse of Delivered Data, your violation of law or third-party rights, or your breach of these Terms.
14. Suspension & Termination
- We may suspend or terminate access for material breach or legal/compliance risk.
- Upon termination, your license to Delivered Data ends unless otherwise stated; you must stop use and delete copies, except as required for legal archiving.
15. Refunds & Replacements
- For delivery defects demonstrably caused by us, we may at our discretion replace affected portions or issue a partial refund.
- Requests must be made within seven (7) days of delivery with sufficient detail to investigate.
- We do not refund for results dependent on your downstream usage (e.g., low response rates).
16. Compliance
You are responsible for complying with applicable laws and industry rules governing your marketing and data usage (e.g., consent, opt-outs, sender identification, and record-keeping). We honor lawful removal requests for Delivered Data we control going forward where feasible.
17. Support & Service Levels
Standard support is via email during business hours (Asia/Dhaka). Enhanced SLAs may be available under separate agreement.
18. Changes to Terms
We may update these Terms from time to time. Material changes will take effect upon posting with a new “Last updated” date. Your continued use after changes constitutes acceptance.
19. Governing Law & Disputes
These Terms are governed by the laws of Bangladesh. Courts located in Dhaka, Bangladesh shall have exclusive jurisdiction. Each party irrevocably submits to such jurisdiction and venue.
20. Contact
Questions about these Terms? Contact us at legal@leaddatakernel.com.