| Use data | Reverse Contact grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the API solely for Customer's internal business purposes during the Subscription Term. [...] The use of the Services on behalf of, or for the primary benefit of, third parties (including Customer's own clients, whether under an agency, consultancy, or outsourcing arrangement) does not constitute an internal business purpose unless Customer has obtained Reverse Contact's prior written authorization or is operating under an Embedded Use arrangement in accordance with Section 9.7. [...] Customer may access and use the Services solely for legitimate B2B purposes, including sales prospecting, market research, lead enrichment, contact verification, and other professional business intelligence activities, in each case subject to the restrictions set forth in this Section 9 and the remainder of this Agreement. [...] Customer represents, warrants, and undertakes that it will not use the Data, in whole or in part, as a factor in determining: (a) the eligibility of any individual for consumer credit or insurance, (b) employment, promotion, or reassignment decisions, (c) eligibility for a license or other benefit granted by a governmental authority, (d) eligibility for housing, or (e) any other purpose governed by the FCRA or equivalent consumer protection laws in any jurisdiction [...] Customer shall not, and shall ensure that its Authorized Users do not: (a) Use the Services or Data to build, train, or improve any product, service, or database that competes with the Platform or any Services offered by Reverse Contact [...], (b) Resell, sublicense, distribute, transfer, or otherwise make available Data or access to the Services to any third party without Reverse Contact's prior written authorization. For the avoidance of doubt, Customer may use Data internally within its own products and workflows in enriched, aggregated, or derived form, provided that Customer shall not build or operate a product, service, or database whose primary purpose is the redistribution of Data (whether raw, enriched, or derived) to third-party end users. Any such redistribution activity requires a separate written reseller or data redistribution agreement with Reverse Contact. [...] In the event of a breach of this Section 9.3(b), Customer agrees to pay Reverse Contact, as liquidated damages and not as a penalty, an amount equal to five (5) times the total Fees paid or payable by Customer under this Agreement during the twelve (12) months preceding the date of the breach [...], (c) Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or data structures underlying the Platform or Services, (d) Use automated tools, proxy services, credential rotation, or any other means to circumvent or exceed applicable rate limits, security measures, or access controls, (e) Use Data to harass, stalk, intimidate, threaten, defame, or harm any individual, or for any other purpose that violates applicable law, (f) Use Data to send unsolicited commercial messages in violation of applicable anti-spam or electronic marketing laws, including but not limited to the CAN-SPAM Act, the CASL, or the electronic communications provisions of applicable EU/EEA law, (g) Use Data to process personal data in violation of applicable data protection laws, including GDPR, CCPA/CPRA, or equivalent national or state-level privacy laws [...], (h) Use the Services to transmit viruses, malware, or any other malicious code, or to conduct denial-of-service attacks, SQL injection, or other security attacks against the Platform or any third party, (i) Use the Services in connection with any content or activity involving, targeting, or exploiting minors, (j) Impersonate Reverse Contact, Reverse Contact's employees, or any other person or entity, or misrepresent Customer's affiliation with any person or entity in connection with the use of the Services, (k) Share API Keys or Workspace access with parties other than Customer's own Authorized Users, or permit access to the Services by or on behalf of third parties not bound by terms at least as protective of Reverse Contact as this Agreement, (l) Use the Services or receive Data while located in, or on behalf of any person or entity located in, any country or territory subject to comprehensive trade or economic sanctions administered by the United States (OFAC), the European Union, the United Nations Security Council, or France, or while designated on any restricted or denied party list maintained by any of the foregoing authorities [...], (m) Use the Data, alone or in combination with any other data, to infer, derive, or predict special categories of personal data as defined in Article 9 of the GDPR (or equivalent categories under applicable Privacy Laws) [...], (n) Use the Data in any manner that would constitute unlawful discrimination against any individual on the basis of race, color, religion, national origin, sex, age, disability, genetic information, sexual orientation, gender identity, or any other characteristic protected by applicable anti-discrimination laws [...]. [...] Integrating the Services, or any Data obtained through them, into a software product, service, or platform that Customer makes available to third parties, whether or not for a fee (an "Embedded Application"), is outside the scope of that right and requires Reverse Contact's prior written authorization. [...] Customer shall not extract and/or re-utilize all or a substantial part, qualitatively or quantitatively, of the contents of the database, nor systematically or repeatedly extract and/or re-utilize insubstantial parts of such contents in a manner that conflicts with a normal exploitation of the database or unreasonably prejudices the legitimate interests of Reverse Contact as database producer. [...] Customer shall use the Services in a manner consistent with this Agreement, the Documentation, and general fair use principles. Without limiting the Acceptable Use Policy in Section 9, Customer shall not: (a) use automated tools or scripts in a manner designed to circumvent rate limits or artificially inflate API usage, (b) make requests in patterns or volumes that materially exceed typical usage for Customer's stated use case, (c) share API Keys or Workspace credentials with third parties in a manner that effectively pools usage across multiple unrelated organizations, (d) create or operate multiple Workspaces or accounts for the purpose of circumventing rate limits, Credit expiration rules, trial limitations, or any other commercial or technical restriction applicable to a single Workspace or Plan. [...] Unmetered access under an Unlimited Plan remains subject to a maximum of one hundred thousand (100,000) profiles retrieved per Workspace per calendar day (UTC). [...] Customer represents, warrants, and undertakes that it shall have and maintain a valid legal basis under applicable Privacy Laws for all processing activities it conducts using Data retrieved via the Services, including prospecting, outreach, and enrichment activities. [...] Customer further acknowledges and agrees that it shall apply the principles of data minimization and storage limitation as set forth in Article 5(1)(c) and (e) of the GDPR (or equivalent principles under applicable Privacy Laws) to all personal data obtained via the Services, and shall not retain such personal data for longer than is necessary for the purposes for which it is processed. [...] Customer represents and warrants that it maintains a publicly accessible privacy policy that accurately describes its data processing practices, including its use of third-party data enrichment services, to the extent required by applicable Privacy Laws. |
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