Terms of Service

Kwanzoo Terms of Service

Last Modified: December 12, 2024

PLEASE READ THE FOLLOWING TERMS OF SERVICE (the “TERMS”) CAREFULLY BEFORE USING ANY KWANZOO SERVICE. THE USE OF ANY KWANZOO SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS (“TOS Agreement”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE KWANZOO SERVICES.

Purpose of Agreement

Kwanzoo Services are made available to you subject to the following terms and conditions. We may also offer other services under different terms and conditions that are signed by you.

Description of Service

We provide a cloud-based software platform (“Software”) to you, the Licensee, as defined in, and under the terms stated in the Kwanzoo Software License Agreement with any amendments thereof (the “License Agreement”). We also provide an array of services for website 
de-anonymization (website warm leads), sourcing of in-market buyers from across the web (real-time intent leads, , account-level intelligence,  sales outreach automation, and other targeted display marketing programs with integration into third party marketing applications and systems (“Service” and “Services”).

Subscription to Beta Service or Free Trial Service

We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation under separate terms signed by you. You agree that we have the sole authority and discretion to determine the period of time and usage limits for testing and evaluation of Beta Services or Free Trial Service. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services, or continue to offer the Trial Service. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service.

Member Registration Obligations

In consideration of your use of the Services, you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process (“Registration Data”); and
b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Kwanzoo has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Kwanzoo may terminate your Account and refuse current or future use of any or all of the Services provided that you do not correct such information within a commercially reasonable time after receipt of notice.

Personal Information and Privacy

Personal information you provide to Kwanzoo through the Service is governed by Kwanzoo Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Kwanzoo Privacy Policy. Notwithstanding any updates to its Privacy Policy, Kwanzoo agrees that it will never share  your personal information with third parties for any purpose other than providing the Services or as required by law. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Account and you agree to inform us immediately of any unauthorized use of your Account by email to customersuccess@kwanzoo.com or by calling us on any of the numbers listed on Kwanzoo.com We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.

Communications from Kwanzoo

The Service may include certain communications from Kwanzoo, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you with total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Fees and Payments

Subscriptions to paid Services are available on one-time payment, monthly, or yearly subscription plans as made available to you through pricing plans embedded into the Software, where you explicitly opt into a paid subscription for the Software   If you and Kwanzoo’s authorized signatory have mutually agreed to a different subscription terms through electronic signature signed by you or your representative, such agreement shall supersede all terms that conflict with those in the License Agreement, and those in this TOS Agreement.

Your subscription plans will be automatically renewed for the same term at the end of each subscription period, unless you inform us that you do not wish to renew the subscription, no later than 30 days prior to the end of your currently active subscription term. You understand and agree that immediately upon termination of your subscription, all currently active programs and campaigns may be deactivated at the sole discretion of Kwanzoo.

You will also lose access to any unused usage credits for access to all leads or accounts data available through the Software. The subscription fee will be invoiced quarterly in advance (or under other terms that supersede, as provided in an estimate or invoice, and subsequently electronically accepted by you). The fee may alternately be charged to the Credit Card last used by you, provided we have your written credit card authorization, or electronic provision of credit card details directly through the Software.

You understand that use of credit card may incur an additional charge, and the details of such charges shall be provided to you through an estimate or invoice. If you would like the payment for the renewal to be made through a different Credit Card or payment method, you agree to inform us at least seven days prior to the renewal date. Kwanzoo reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan in writing with electronic signature, or through the upgrade process in the Software. Information on the subscription options and charges for all paid Services is available by contacting us at customersuccess@kwanzoo.com. All payments are due net 30 days from your receipt of an invoice.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:
(i) transfer or otherwise make available to any third party the Services;
(ii) provide any service based on the Services without prior written permission;
(iii) use the third party links to sites without agreeing to their website terms & conditions;
(iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or
(v) use the Services for spamming and other illegal purposes.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services or the data on de-anonymized website visitors, or in-market buyers, with full contact information, provided to you through your use of the Software, for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another.

You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity provided that you do not cease such activity within a commercially reasonable time after receipt of notice specifying the grounds for termination.

Inactive User Accounts Policy

We reserve the right to terminate unpaid accounts that are inactive for a continuous period of 60 days. In the event of such termination, all data associated with such account will be deleted. We will provide you prior notice of such termination and backup of your data upon written request within 60 days of notice. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your account in another Service active.

Data Ownership

We respect your right to ownership of content created or stored by you in the Services (“Customer Content”). You own the Customer Content. Unless specifically permitted by you, your use of the Services does not grant Kwanzoo the license to use, reproduce, adapt, modify, publish or distribute the Customer Content for Kwanzoo’s commercial, marketing or any similar purpose. But you grant Kwanzoo permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the Customer Content solely as reasonably required for the purpose of providing the Services to you.

User Generated Content

You may transmit or publish Customer Content using any of the Services or otherwise. However, you shall be solely responsible for such Customer Content and the consequences of its transmission or publication. Any Customer Content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.

In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization, or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner.

Further, by making any content available in the manner aforementioned, you expressly agree that Kwanzoo will have the right to block access to or remove such content made available by you, if Kwanzoo receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Kwanzoo for this purpose.

For procedure relating to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, please write to customersuccess@kwanzoo.com

If you wish to protest any blocking or removal of content by Kwanzoo, you may do so in writing to customersuccess@kwanzoo.com

Sample files and Applications

Kwanzoo may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Kwanzoo makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark

Kwanzoo, Kwanzoo logo, the names of individual Kwanzoo Services and their logos are trademarks of KWANZOO Inc. You agree not to display or use, in any manner, the Kwanzoo trademarks, without Kwanzoo’s prior permission. Your logos, names and other trademarks are the sole property of yours. Kwanzoo agrees not to display or use, in any manner, your trademarks, without your prior permission. Kwanzoo shall not have, or by virtue of these Terms gain any right, title or interest in or to any of your (the Customer) materials, software, products, or software code (including all derivatives thereof) used to provide or promote the Services, or to any patents, copyrights, trade secrets or other proprietary or intellectual property owned by you (the Customer).

Warranties, Limitation of Liability and Indemnification

You and Kwanzoo mutually agree to the Warranties, Limitation of Liability and Indemnification as stated in the License Agreement (with any amendments thereof through written agreement with electronic signature by both parties).

Settlement of Claims, Suspension and Termination, and Confidentiality

You and Kwanzoo mutually agree to the Settlement of Claims, Suspension and Termination, and Confidentiality provisions as stated in the License Agreement (with any amendments thereof, through written agreement with electronic signature, executed by both parties).

General

These Terms shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California. All other General terms are as stated in the Miscellaneous terms in the License Agreement (with any amendments thereof, through written agreement with electronic signature, executed by both parties).

If you have any questions or concerns regarding this Terms of Service, please contact us at customersuccess@kwanzoo.com. We shall respond to all inquiries within 30 days of receipt upon ascertaining your identity.

This Kwanzoo GDPR Privacy Addendum (this “Addendum”)