This is an agreement (“Agreement”) between Cloudlead (“we,” “our,” “us” or the “Company”), the owner and operator of http://www.cloudlead.co/ and any Services offered via the Site (the “Site”) and Platform (“Platform”) and you (“you”, “your” or “user(s)”), a user of the Site.
By using, accessing or registering for any products and services developed, operated, maintained or hosted by Cloudlead.co, including all IP addresses and websites available at and configured for use at http://www.cloudlead.co/ , you agree to be bound to the following terms and conditions (“Terms of Service”) as if it were a written Agreement between you and Cloudlead.
The Site may only be used by persons 13 years and older. If you are under 13 please stop using our Site and please do not submit any information to us.
Cloudlead reserves the right to update, revise and change the Terms and Conditions from time to time without prior notice to you. You agree to be bound by these revisions and modifications.
Any additions to the current products and services such as the release of new resources and features shall also be subject to these Terms and Conditions. You agree to use Cloudlead at your own risk.
The materials contained in this Site are protected by applicable copyright and trademark law.
BY CONTINUING TO USE THIS SERVICE, YOU ARE PROVIDING YOUR AGREEMENT AND CONSENT TO BE BOUND BY THE LATEST TERMS OF SERVICE.
Any information that Users provide must be valid, such as name and email address, during the sign up process and/or during continued use of Cloudlead.
Cloudlead reserves the right to terminate your use of services upon discovery that your information is incomplete or not accurate.
Users are responsible for complying with all applicable laws (including international, national, state or local laws) relating to the use of Cloudlead’s services.
Unless explicitly stated, nothing in these Terms and Conditions will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Account and Sign-up
Use of Cloudlead’s Site and Platform may require you to sign up for an account by fully completing the registration process and providing us current and accurate information as required in the sign up form. Upon sign up, Users will be assigned a username and password, the responsibility for which lies with the User. All activities occurring as a result of the Users account on Cloudlead must remain confidential.
Users agree to immediately notify Cloudlead of any unauthorized use of or suspected unauthorized use of the User’s account or any other security breach.
Cloudlead does not consider itself liable for any loss incurring to the User due to someone else using your account or password.
Users may not lend or borrow someone else’s account at any time without prior permission from Cloudlead.
All users must have the legal capacity to enter into a binding agreement.
Cloudlead may amend, suspend or terminate the Service(s) at any time, for any reason, at its sole discretion. Cloudlead also reserves the right to refuse service for any reason, to anyone and at any time.
Cloudlead hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Cloudlead Platform and Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. Users are not permitted more than the number of company profile synchronizations or number of results views in list form pursuant to the Service under which you have registered and paid. You do not have the right to carry forward, or obtain credit for, or provide to others, any unused lead exports or result views in any month. If you require access to more data than allowed under your Service Plan, you may contact Cloudlead to upgrade your Service Plan. In no event shall you or an Authorized User provide any information or leads to a third party, even if the information has been stored or exported in another platform.
You may not permit the Cloudlead to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use Cloudlead’s Platform.
Any rights not directly granted are reserved by Cloudlead. This means that Cloudlead’s Users may not:
a) modify or make derivative works based upon Cloudlead’s Platform and Site
b) Reverse engineer or attempt to reverse engineer Cloudlead’s Site or Platform to build a competing product/service
c) Build a product with similar capabilities, functions, graphics or features as Cloudlead’s Site and Platform
d) Duplicate, reproduce, exploit or resell any service or part thereof of Cloudlead’s Site or Platform without express written consent from Cloudlead
e) Use automated devices, robot, spider etc. or manual process to monitor or copy any content from Cloudlead
f) Violate any federal or state laws while using the Site and Platform; including but not limited to laws pertaining to spam, trademark laws, and copyright amongst others such as Can-Spam, TCPA, or any other privacy laws.
Users also acknowledge that Cloudlead holds all rights, titles and interest pertaining to Cloudlead’s Site and Platform including all related intellectual property rights.
Any information submitted or transmitted through Cloudlead’s Site such as text, video, audio, images and other such information is defined as “User’s Content”.
Users are solely responsible for any content submitted to Cloudlead’s Site or Platform and grant Cloudlead along with concerned Third Parties such as Partners, Affiliates, Representations among others a non-exclusive and royalty-free irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content.
Cloudlead may also use the User’s Content for purposes including direct marketing, system improvement, research and other such purposes from time to time.
Cloudlead and its Services are fully protected by copyright laws and other forms of intellectual property for which Cloudlead holds all rights, titles and interest and considers this information confidential.
Any and all rights, titles and interest pertaining to Cloudlead’s Services and all modifications in the Service (along with associated Intellectual property rights) are and will remain vested in Cloudlead and its suppliers.
Users agree that no rights other than those rights granted herein to use the Service, license or interest to any Cloudlead’s intellectual property, including but not limited to, copyright, trademarks and/or trade names, are granted under this Service Agreement.
Cloudlead may time to time invite Users to submit ideas, comments or feedback regarding Cloudlead’s Services including suggestions on improve the Site, Platform or Services. Users agree that by submitting any feedback or suggestion, they agree that such disclosure is gratuitous, unsolicited and without restriction and will not place Cloudlead under any fiduciary or other obligation, and that Cloudlead is free to use such feedback without any additional compensation to Client, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
Use of Client's Logo
Users grant Cloudlead the right to use the Client's logo. Cloudlead may not modify or change the logo in any way and the logo may only be used for purposes of identifying Client as a Cloudlead customer. Client has the right to revoke the license to use logo at any time in its sole discretion. Users agree to pay all applicable fees for the Services as specified on the invoice.
Any disputes arising out of fees and payments must be notified in writing no later than 7 working days after the invoice date.
Any payments made to Cloudlead are final and non-refundable.
Cloudlead management reserves the right to review before approving any other payment methods other credit cards such as wire transfers and direct deposits on a case to case basis.
There will be no credits or refunds for partial months of service, downgrade refunds, or refunds for months unused during an agreed upon contract’s duration.
If a User does not receive the minimum number of leads paid for, Cloudlead will continue the campaign at our expense until the guaranteed lead count is reached. If Cloudlead is unable to reach the minimum number of leads in the agreed upon time frame since the initial contract, Cloudlead will issue a refund, at your request.
Cloudlead reserves the right to terminate an account due to non-payment of Service 30 days after a notice of late payment.
A reactivation fee may be charged by Cloudlead in case of suspension of User’s account due to non-payment to reinstate the Services.
All fees are exclusive of levies, duties or taxes. You are responsible for payment of all levies, duties or taxes.
Cloudlead does not accept any liability of loss of leads due to downgrading of your package.
Cloudlead reserves the right to change fees of Service on 30 days’ notice. A notice may be provided any time by posting the changes to Cloudlead’s website or through email.
In case of a subscription based account for Cloudlead’s Services, Users authorize us to charge their credit card or bank account for all applicable charges and fees for the Subscription Term. Users also authorize Cloudlead to use a third party to process payments and provide consent to disclose payment details to such third party.
You may cancel your use of the Site and any services offered at any time via your account dashboard and giving a 30 days written notice at email@example.com
Upon termination of the User’s account, access to portions of our Site may be become immediately disabled and any User Content stored on the Site may be deleted immediately.
Upon termination, the User is not entitled to refunds or proration of any fees paid except as stated in this Agreement.
Cloudlead may terminate your account if we determine that:
a) You have violated any applicable laws while using our Site;
b) If you have violated this Agreement or any other of our Site policies;
c) After you have used any and all credits purchased via the Site; or
d) In case of non-payment of any fees or charges within thirty (30) days of the invoice date;
e) If we believe that any of your actions may harm Cloudlead, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
In case of cancellation or termination of your Service, Cloudlead may immediately delete your data, documents, content, information, files, text, images etc. from the Service.
Third Party Sites
Cloudlead’s Site may contain links leading to third party sites which are in no way owned or controlled by Cloudlead, and so Cloudlead does not hold any responsibility for the Terms, Policies, practices or content of these third party sites.
As such, Cloudlead is also not responsible for erasure or censorship of any content found on third party sites. By becoming a User or Cloudlead, you expressly agree that Cloudlead is not liable for any damages arising out of your use of third party sites.
Economic Sanctions and Trade Restrictions
As a US based company with operations in other countries, Cloudlead must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the US Department of the Treasury. This means that Cloudlead or anyone using our Site can’t take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC. Restrictions generally prohibit, but are not limited to, transactions involving:
a) Certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
b) Individuals or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List;
c) Nationals of Cuba, regardless of location, unless citizenship or permanent residency outside of Cuba has been established; and
d) Items originating from areas including Cuba, North Korea, Iran, or Crimea, with the exception of informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks.
This policy applies to all Users, regardless of their location. It is up to you to familiarize yourself with these restrictions.
The economic sanctions and trade restrictions contained in this Terms and Conditions are subject to change, so Users should check sanctions resources regularly. For legal advice, please consult a qualified professional.
Warranties and Liability
Cloudlead does not take responsibility for the following:
a) That Cloudlead’s Service will meet Users’ expectations.
b) That Cloudlead will provide uninterrupted or error-free Service.
c) It is expressly understood and agreed upon by the User and Cloudlead that Cloudlead shall not be held liable for any indirect, direct, special or incidental damages such as damage for reputation, data, profits or other intangible losses resulting from use of Cloudlead’s Service.
During the term and for a period of three years after the expiration or termination of the User’s Agreement, neither party will disclose the other's Confidential Information without the other's written consent except
(a) To obtain advice from legal or financial consultants; or
(b) If compelled by law, in which case the disclosing party will use commercially reasonable efforts to give the other party notice of the requirement so the disclosure can be contested.
Each party will take reasonable precautions to safeguard the other's Confidential Information, which will be at least as great as those the party takes to protect its own Confidential Information, but in no event less than reasonable care.
Each party will disclose the other's Confidential Information to its employees, agents, representatives and consultants (each, a “Representative”) only on a need-to-know basis and subject to reasonable confidentiality obligations upon such persons.
Confidential Information of Cloudlead includes, but is not limited to, non-public information regarding the operation of the Service and the terms of this Service. Confidential Information does not include information which:
(a) The recipient developed independently;
(b) The recipient rightfully knew before receiving it from the disclosing party; or
(c) Is or subsequently becomes publicly available or is received from another source, in both cases other than by a breach of an obligation of confidentiality.
Certain portions of this Agreement are deemed to be a “written agreement for arbitration” pursuant to the Federal Arbitration Act. Client and Cloudlead agree that they intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act.
If any controversy, allegation, or claim arises out of or relates to the Services, the Website, or this Agreement, then either User or Cloudlead may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.
Any and all notices provided for in this Agreement shall be sent in writing by email or mail to the address provided by the User in the registration or sign up form or any other address provided by either party at least 10 days in advance.
Amendments / Modifications
Cloudlead retains the right to modify this Agreement from time to time. When this Agreement is updated, Cloudlead will update this page and indicate the date on which it was last modified.
Users who refuse to agree to any amendments in this Agreement have to immediately cease use of Cloudlead’s Site and Platform and inform Cloudlead of the same by contacting the team at firstname.lastname@example.org
A failure on Cloudlead’s part to enforce any term of this Agreement does not indicate our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. To be effective, any waiver of rights under this Agreement must be in writing and signed by the Party waiving such right(s).
In case of events beyond Cloudlead’s control such as acts of God, war, riots, terrorism, crime, riots etc., Cloudlead will not be held responsible to Users for anything that we may otherwise be responsible for.
In case any provisions of these Terms are found to be invalid or unenforceable the other terms will remain unaffected and the invalid clause will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
These Terms and Conditions are held to be effective as of March 08, 2019.
Any questions about these Terms and Conditions should be addressed to email@example.com