DataValidation Terms of Service

Effective Date: February 22, 2013

Please read these Terms carefully. By using the DataValidation site, apps, APIs, services or products, or by creation or use of an account, you indicate agreement to these Terms. If you accept these Terms on behalf of a business or other entity, you represent and warrant that you have the authority to bind that business or entity to this agreement. If you do not accept this Agreement in its entirety, you may not use or access the site or services listed herein. DataValidation reserves the right to change these Terms occasionally and as seen fit.

1. Definitions

DataValidation (“DataValidation”, the “Service”, or “We”) is an email validation service offered through the URL datavalidation.com (or the “Website”), or any of its related apps, APIs, or partners. DataValidation is owned and operated by Synappio, LLC, a Georgia limited liability corporation.

The “Customer” means “you”, as a customer of the Service, or a representative of an entity that is a customer of the Service.

Account Information

2. Eligibility

In order to use DataValidation, you must:

By using DataValidation, you represent and warrant that you meet all requirements listed above, and that you will not use DataValidation in a manner which violates any laws or regulations. DataValidation reserves the right to refuse service, suspend the accounts of any users, and change eligibility requirements at any time.

3. Term

The Term begins upon creation of a DataValidation account, and continues for the length of the Customer’s use of the Service. Creation of an account denotes acceptance of these Terms of Service, whether for yourself as an individual, or on behalf of a third party entity.

4. Account and Password

DataValidation accounts require either a username and password unique to our Application to login, or a third party partner account username and password. The Customer shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Service, accounts, and passwords. In the event of any such unauthorized access or use, the Customer will promptly notify DataValidation.

5. Closing an Account

The Customer or DataValidation may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause.

DataValidation reserves the right to withhold, remove, discard and/or otherwise dispose of any data without notice for any breach, including, without limitation, the Customer’s non-payment of fees, and shall have no obligation to maintain or forward any data upon termination of an account for cause.

6. Account Disputes

Do not falsify your identity in order to gain access to accounts that are not yours. If there are disputes between a Customer and the third party entity they represent, the burden of resolution of the dispute is placed upon the Customer and the third party entity involved. Should such a conflict be brought to the attention of DataValidation, we will rely on the contact information for the account(s) in question as to the ownership of the account.

Services

7. Free Plan

Customers may link an ESP account and monitor linked lists overtime for free. Unlinked lists, uploaded in CSV format, are not monitored over time regardless of Plan type or purchase. Customers will receive the Always Free Email Assurance Report for each list, regardless of purchase. Customers will have the option to purchase either a one-time validation or our monthly subscription service for individual linked lists at checkout. Payment is due prior to receiving detailed grades for each list.

8. Single Validation

Customers may purchase a one-time validation of any lists, linked or unlinked, within their account. Customers will receive the Always Free Email Assurance Report for each list, regardless of purchase; however, payment is due prior to receiving detailed grades for each list. Customers will have the option to upgrade their purchase to a monthly subscription service for individual linked lists at checkout.

9. Subscription Plan

Charges for our subscription service are posted on our Website, and will vary based on the number of subscribers in a Customer's account at the end of the month. Payments are due for any month on the same date, or the closest business date in that month, to the day you created an account and made your first payment. Data Validation does not monitor or offer a Subscription Plan for unlinked lists at this time.

10. API

DataValidation provides an API for Customer use, the pricing for which can be found on our API Website. Use of the API implies acceptance of our API Policy. If you do not accept this Policy, you will not be allowed access to or use of the API.

11. Ancillary Services

From time to time DataValidation may invite Customers to try, at no charge, products or services that are not generally available to DataValidation Customers. Customers may accept or decline any such trial at their sole discretion. Any Ancillary Services will be clearly designated as beta, pilot, limited release, developer preview, non-production or by a description of similar import. Ancillary Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms.

Ancillary Services are provided “as is” with no express or implied warranty. DataValidation may discontinue Ancillary Services at any time in its sole discretion and may never make them generally available.

12. Partnerships

DataValidation partners with reputable Email Service Providers. Contact our Channel Partner Evangelist for details about our Partnership Plans.

Payment

13. Credit Cards

So long as the Customer has an account or an outstanding balance with us, they will provide a valid credit card and authorize us to deduct charges against that credit card. Should this information expire, the Customer will promptly provide us with updated information for a different valid credit card.

Use of a credit card by any Customer for our Service represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we are unable to process your credit card order for any reason, we will contact you by email and suspend your account until your payment can be processed. We can be contacted by responding to such an email, LiveChat operative, or in the manner consistent with the methods listed under section 32. Should an attempt to charge a Customer’s credit card result in failure 3 times in a row, DataValidation will suspend the Customer’s subscription account until such a time as the Customer can be contacted to provide new or updated billing information.

14. Alternative Payment

DataValidation reserves the right to request an alternative method of payment from the Customer should any of the following occur:
Customer’s location is outside the United States
Customer’s order exceeds $1000 (US dollar currency)

The alternative method of payment is, by default, a wire transfer between the Customer and DataValidation. The information needed to submit this form of payment will be provided to the Customer should this alternative method be deemed necessary, and at DataValidation’s discretion. DataValidation does not accept first-borns or eternal gratitude as sufficient payment for Services rendered at this time.

15. Refunds

DataValidation takes pride in delivering information that is accurate to the best of our knowledge. In the event the Customer requests a refund, DataValidation may require additional information from the Customer in order to perform an investigation (such as campaign history or bounce reports), which the Customer must supply for a refund to be considered.

Following an investigation, should we identify the fault for such a claim is ours, we will take measures to correct the error. In the event that we cannot provide a resolution, a refund to the Customer will be provided. We reserve the right to refuse a refund to any Customer if all reasonable measures have been taken to resolve the issue. If we are unable to correct the error after an investigation has been held, we may deem a refund.

16. Changes

We reserve the right to change our fees at any time by posting a new pricing structure to our Website and/or sending a notification by email.

Rules and Responsibilities

17. DataValidation Shall:

Provide customer support via email and live chat during DataValidation’s normal business hours.

Reasonably endeavor to make service available 24/7, excepting scheduled or unscheduled maintenance.

The before stated does not apply to Ancillary Services (section 11), trials, or offers on a promotional basis.

18. The Customer Shall Not:

19. Ownership of Data

The Customer represents and warrants that he or she is the owner of all data he or she provides to DataValidation for use of its Service. DataValidation does not own any data, information or materials that the Customer creates in the course of using the Service. DataValidation shall not be responsible or liable for the deletion, correction, alteration, destruction, damage, loss, disclosure or failure to store any data, email lists, or segments therein. It is solely the Customer’s responsibility to back up any data and results received from use of the Service.

All data provided by the Customer to DataValidation is subject to DataValidation’s Privacy Policy.

20. Resale of Results

Resale of results is allowed to End Users, so long as the result is only sold once. Customer warrants that the end user is the owner of the data results sold to them, and that end users are held to the same Terms of Service as Customer, in an Agreement that is at least as protective of DataValidation and its rights as they exist under this Agreement.

Resale is not allowed if to entities that will further distribute results, or to a competitor of DataValidation.

Confidentiality

21. Confidential Information

“Confidential Information” herein means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Both parties involved in this Agreement shall use at least the same degree of care to protect the other party’s confidential information as it does its own.

This includes, without limitation:

Confidential Information shall not include any information that, without breach of any obligation owed to the Disclosing Party:

22. Compelled Disclosure

The Receiving Party may disclose Confidential Information if it is compelled by applicable law, regulation, court order, or other legal process to do so, provided the Receiving Party has given the Disclosing Party prompt written notice of such required disclosure (to the extent legally permitted).

23. Compliance with Laws

The customer represents and warrants their use of DataValidation complies with all applicable laws and regulations.

Liability

24. Limitation of Liability

To the maximum extent permitted by law, the Customer assumes full responsibility for any loss that results from their use of the DataValidation Website or Services, including any downloads from the Website or uploads or synchronization with email service providers, including inadvertent loss of data. DataValidation will not be held liable for any indirect, punitive, special, or consequential damages under any circumstances, even if through negligence or notification of the possibility of those damages.

25. No Warranties

Service and material provided by and through our Website is provided “as is”. DataValidation provides no warranties, express or implied, including but not limited to warranties of merchantability, title, non infringement or fitness for a particular purpose. DataValidation does not warrant that all errors can be corrected, or that operation of the Service shall be uninterrupted or error-free.

The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications that are outside DataValidation’s control. DataValidation is not responsible for any delays, delivery failures, or other damages resulting from such problems.

26. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

27. Indemnity

Customer agrees to indemnify and hold harmless DataValidation and its employees from any losses that result from any claim made not allowed under these Terms due to a “Limitation of Liability” or other provision. Customer also agrees to indemnify and hold harmless DataValidation and its employees from any losses that result from third-party claims that you or someone using your password or account did something that, if true, would violate any of these Terms.

28. Disclaimers

DataValidation and its employees are not responsible for the behavior of any advertisers, linked websites, or other Customers.

Legal Fees

29. Attorney Fees

Should DataValidation file an action against you claiming a breach of these Terms and prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

30. Equitable Relief

DataValidation may seek injunctive relief (such as requesting a court order) or other equitable relief in the event that a Customer violates these Terms.

31. Subpoena Fees

DataValidation reserves the right to charge the Customer for any fees incurred as a result of providing information in response to a subpoena related to your account. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Legalese

32. Manner of Giving Notice

Any notice to the Customer will be effective upon delivery to the last email or physical address reported by the Customer or posted on our Website. Any notice to DataValidation will be effective upon delivery to DataValidation either at the email: support [at] datavalidation.com, our physical location:
75 5th St NW, Suite 207
Atlanta, GA 30308

or any email addresses we may later post on this Website.

33. Agreement to Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Georgia, without regard to conflicts of laws rules. The exclusive venue and jurisdiction for any and all disputes, claims and controversies arising from or relating to this Agreement shall be the state or federal courts located in Fulton County, Georgia. Each party waives any objection (on the grounds of lack of jurisdiction, forum non convenient or otherwise) to the exercise of such jurisdiction over it by any such courts. Neither the United Nations Convention on Contracts for International Sale of Goods or the Uniform Computer Information Transactions Act will apply to the interpretation or enforcement of this Agreement.

34. Export Compliance

The Service, and any other technology or derivatives thereof made available by DataValidation may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Customer shall not permit access to or use the Service in violation of any U.S. export law or regulation.

35. Force Majeure

DataValidation will not be liable for any delays or failure in performance of any of its obligations under this Agreement arising from any cause beyond its control. This includes, but is not limited to, acts of God, changes to law or regulations, war, zombie apocalypse, fires, floods, earthquakes, strikes, beheadings, power blackouts, unusual migratory patterns or behaviors of birds, and acts of hackers or third-party internet service providers.

36. Survivability

The following sections will continue to apply even upon termination of this Agreement: DataValidation Shall, The Customer Shall Not, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Agreement to Governing Law and Jurisdiction, Severability, and Entire Agreement.

37. Severability

If any provision of this Agreement is judged unenforceable, then that section will be removed or edited only so much as is necessary, and the remainder of the Terms shall remain valid.

38. Assignments

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party.

39. Amendments and Waiver

Any amendment, waiver or variation of this Agreement shall not be binding on the parties unless set out in writing, expressed to amend this Agreement and signed by or on behalf of each of the parties. Amendments or changes to these Terms will not be considered effective until such a time as the revision has been posted to the Website.

No forbearance or delay by DataValidation in taking action following a violation of these Terms will be construed as waiving any rights under the Terms. DataValidation reserves the right to take action at a future point in time. Notwithstanding the foregoing, DataValidation may assign this Agreement in its entirety (including all Invoices), without consent of Customer, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assignations.

40. Entire Agreement

These Terms, Privacy Policy, API Policy, all exhibits and addenda, and anything else which is incorporated into these Terms by reference, make up the entire agreement between the parties and supersedes all prior agreements, representations, and understandings.

Should there be conflict or inconsistency between this Agreement and any exhibit or policy added hereto, the terms of such exhibit or addendum shall prevail.

41. Copyright and Trademark Notices

Use of DataValidation copyright and trademarks is only for personal use, unless express written permission is obtained from DataValidation prior to public use.

Date last updated: February 10, 2015