Terms and Conditions

GENERAL TERMS & CONDITIONS FOR USE OF CYPHER MARKETINGS SITE, DATA, AND SERVICES

These Terms & Conditions (the “Terms”) form part of the contract (the “Agreement”) and govern your use of any data provided by Cypher Marketings (“Cypher Marketings”), including its parent, branches, affiliates, or subsidiaries established in the USA and other countries (collectively referred to as the “Data”).

Note: The titles and subtitles are for convenience only and are not to be used for interpretative purposes. All references to “including” shall mean “including, but not limited to.” By accessing or using any Data, you acknowledge that you have read, understood, and agree to these Terms.

1. Ownership: Cypher Marketings Property: Includes all software, source code, databases, tools, automation scripts, services, APIs, SDKs, programs, files, systems, documentation, graphics, page layouts, site designs, web frameworks, authentication mechanisms, user interfaces, work products, ideas, concepts, designs, or techniques developed or used by Cypher Marketings. Ownership & Intellectual Property: All Cypher Marketings Property remains the sole property of Cypher Marketings and is protected by international copyright and patent laws. All rights, including patents, trademarks, copyrights, and trade secrets, belong exclusively to Cypher Marketings.

2. Products: Certain Products may have additional terms and conditions, including fees, posted on the Site. Use of these Products signifies acceptance of such additional terms.

3. Limited License: Upon your agreement and payment, Cypher Marketings grants you a personal, non-transferable, non-exclusive license to use the Data solely for your direct marketing, market research, and customer prospecting. License Duration: If no period is specified, the license lasts for one year. Post-Term: Upon expiry or termination, you must cease use and either return or destroy the Data as instructed by Cypher Marketings.

4. Limitations on Use: You shall not share, sell, transfer, or make Data available to third parties without prior authorization. You shall not use Cypher Marketings’ name or likeness in advertisements or promotional materials without permission. Data shall not be used for unauthorized purposes such as credit reporting, underwriting, employment screening, or other activities restricted by law.

5. Your Responsibilities; Use of Email Data; Review & Audit: Comply with all applicable laws, regulations, and guidelines, including telemarketing, email marketing, and data privacy laws. Do not submit information that violates laws, confidentiality agreements, or infringes third-party rights. Do not impersonate others, breach security, reverse engineer, scrape, or attempt to hack the Site. Provide accurate, current registration information and maintain it. Cypher Marketings reserves the right to monitor your use and audit records with prior notice.

6. Restrictions: You may not develop or derive Data for commercial sale or transfer Data to third parties without prior consent. Use of Data is restricted to personal and internal business purposes; modifications, copying, or distribution are prohibited, except for personal summaries.

7. Submissions: You are responsible for the accuracy of submissions to Cypher Marketings’ platforms. Submissions are non-confidential, and by submitting, you grant Cypher Marketings rights to use, reproduce, and distribute the content freely. Cypher Marketings may delete inappropriate or infringing content.

8. Provision & Changes to Services: Cypher Marketings may update Data without notice. Cypher Marketings endeavours to protect your data but is not liable for data loss or corruption. Service availability is aimed to be 24/7 but is not guaranteed.

9. Term & Termination: The agreement begins upon your first use and continues until terminated by either party. Cypher Marketings may suspend or terminate access at any time without notice. Upon termination, all rights to Data cease immediately.

10. Links: The Site may contain links to third-party sites. Cypher Marketings is not responsible for content or practices on those sites.

11. Disclaimer of Warranties; Limited Warranty: Data is provided “as is” without warranties of accuracy, completeness, or fitness for a particular purpose. You have 3 days upon receipt to notify Cypher Marketings of issues for free correction.

12. Payment Terms; Refund Policy: No refunds are provided. Payment terms are as specified at the time of purchase. Recurring payments will be automatically charged unless cancelled.

13. Limitation of Liability: Cypher Marketings is not liable for damages arising from use or inability to use Data, including indirect or consequential damages. Maximum liability is limited to the fees paid in the month prior to the claim, or $100 where applicable.

14. Privacy: Use of Data is subject to Cypher Marketings’ Privacy Policy, which is incorporated herein by reference.

15. Changes to the Terms: Cypher Marketings may amend these Terms by posting updates on the Site, with notice. Continued use signifies acceptance.

16. Your Indemnification: You agree to indemnify Cypher Marketings against claims arising from your breach of the Terms or violation of applicable laws.

17. Interruption of Service: Temporary service interruptions may occur; Cypher Marketings is not liable, and your payment obligations remain.

18. No Assignment: You may not assign your rights or obligations without prior written consent.

19. Termination Rights: Cypher Marketings may terminate the agreement immediately if you breach the Terms or violate the law.

20. Governing Law & Jurisdiction: The agreement is governed by the laws of the applicable jurisdiction, and disputes are to be resolved in courts within that jurisdiction.

21. Legal Expenses: The prevailing party in legal disputes is entitled to recover legal costs, including attorneys’ fees.

22. Notices: Notices will be sent to your email address on file; Cypher Marketings’ notices will be sent to info@cyphermarketings.com.

23. Payment for Non-Invoiced Products: You agree to pay applicable fees, which are non-refundable. Subscription products renew automatically unless cancelled. You authorize Cypher Marketings to charge your credit/debit card accordingly. Interest charges may apply for late payments.

24. Entire Agreement; Amendments: These Terms constitute the entire agreement. Additional terms may apply to specific Data or services. Amendments require updated terms from Cypher Marketings.

25. Copyright & Related Rights: Infringement claims under the DMCA should be sent to info@cyphermarketings.com, including your contact details, description of the copyrighted work, location of infringing material, and a statement of good faith.

26. Execution & Counterparts: This Agreement may be executed in counterparts, including electronic or facsimile versions, each of which shall be deemed an original.