6sense Sales Intelligence Individual Free

These Terms of Service (“Terms”) are a legally binding agreement effective between You (hereafter, “You, “Your” or “Customer”) and 6Sense Insights, Inc., on behalf of itself and its Affiliates (together referred to herein as “Company”) as of the the date You indicate your acceptance of these Terms or access the Services (“Effective Date”) and may be amended only as set forth herein. These Terms govern Your use of and access to the Services, specifically the free version of the Company’s 6sense Sales Intelligence service ( “Services”) including use of the data made available to You through the Services.

The Services are provided for business users and facilitate Your access to certain data about business professionals and companies from Company’s proprietary databases through Company’s proprietary online software (“Results Data”). The Services may be accessed via a platform, API, application (including via integration), website, or browser extension, or other means, as applicable, depending on how the Company, in its sole discretion, offers and makes the Services available to You.

It is important that You read these Terms carefully to ensure You understand and will comply with the Terms. By accessing or using the Services, You agree that you have read, understood, and agree to be bound and comply with these Terms and our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms, you may not access (and you don’t have the Company’s permission to access) the Services.

The Company may update or revise these Terms from time to time in its sole discretion without notice to You, and the Company recommends that You review these Terms on a regular basis to stay abreast of the most current version. Your continued use of the Services after any update or revision to these Term constitutes Your acceptance of the updates or revisions.

1. Your Account; Input Data provided by You

1.1 Account Creation and Responsibility. If as a condition to your use of any portion of the Services you receive a password or account designation upon completing a registration process, you acknowledge and agree that you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.

1.2 Input Data. “Input Data” is any data submitted by You to the Services, such as, by way of example only, Your name, email information, employer, and search query data. You are responsible for and shall obtain all licenses, rights and permissions necessary for the provision to, and use by Company and its subcontractors of Input Data under these Terms. You are solely responsible for the content of all Input Data that you make available to Company via the Services. You understand and agree that you shall not submit any Input Data to the Services that you do not have the right to make available to the Company for the purposes described herein.

1.3 Usage and Performance Metrics; Improvement of Services. You authorize the Company to (i) process usage and performance data with respect to Your use of the Services (“Performance Data”), and (ii) use and analyze the Performance Data and Input Data provided by you during the Service Term on a de-identified/aggregated basis for its business purposes, including improving, testing and providing its services to third parties.

2. Licenses and Restrictions applicable to Your use of the Services and Results Data

2.1 Licenses Granted by Company to You for use of the Services and Results Data The Results Data are defined in the first paragraph of these Terms above, are delivered by Company to you in connection with the Services, and include without limitation, data that you access via the Services about business professionals and companies. Subject to all terms and conditions of these Terms and any additional terms communicated to You during the account registration process, Company grants You during the applicable Service Term (as defined in Section 9 below) a nonexclusive, nontransferable, nonsublicensable, revocable and limited license to use the Services and Results Data obtained from the Services for Your internal business use and benefit only, to support Your marketing and sales efforts to other businesses (the “Purpose”). You shall not, nor allow any third party to, sell or offer for sell, sublicense, distribute, transfer or publicly perform or display any Results Data provided under this Agreement as all Results Data may only be used for Your internal business use for the Purpose.

2.2 Restrictions.  You acknowledge that the Services and Results Data constitute valuable property of Company and You agree not to do nor allow any of the following: (a) make the Services or Results Data available to any third party; (b) sell, resell, rent, lease, modify, translate or create derivative works of any part of the Results Data or Services; (c) decompile, reverse engineer or reverse assemble any portion of the Services, or attempt to discover any source code or underlying ideas or algorithms of the Company software underlying the Services; (d) access the Services or Results Data in order to build a competitive product or service, or copy any features, functions or graphics of the Services; (e) use the Results Data or the Services to store or transmit material in violation of third party privacy rights or applicable privacy laws; (f) transmit unsolicited commercial or non-commercial email via the Services; (g) use the Results Data or the Services to store or transmit malicious code; (h) interfere with or disrupt the integrity or performance of the Services, Results Data, or third party data contained therein; (i) attempt to gain unauthorized access to the Results Data, Services or related systems or networks; (j) remove or alter any trademark, logo, copyright or other proprietary notices associated with the Services; (k) upload onto the Services any data or software in violation of any intellectual property rights of any third party; or (l) access the Services or Results Data for any unlawful purpose or otherwise in violation of any applicable law. Company has the right, but not the obligation, to monitor Customer’s use of the Services to determine compliance with the terms of this Agreement.  Company reserves the right, without limiting any other right or remedy, to suspend Customer’s access to and use of the Services if Company determines that Customer is engaging (or has engaged) in any of the prohibited activities set forth in this Section 2.2.

2.3. Additional Restrictions applicable to business contact information within the Results Data. You may access within the Results Data certain business-level contact information of a business professional, including but not limited to a name, email address or other contact-level information made available to You via the Services. Without limiting the restrictions set forth in Section 2.2 above, You agree to the following additional restrictions with respect to any such business contact data accessed via the Services:

1. You must use the business contact information within the Results Data solely for lawful purposes and shall comply with all relevant laws and regulations that govern use, including, by way of example, laws governing privacy, mass email, spam, telemarketing, export control, consumer protection, unfair competition and false advertising;
2. You must use the business contact information within the Results Data solely for Your internal business purposes to support Your marketing and sales efforts related to the provision of services to other businesses, and may not sell or otherwise make available the Results Data to third parties; and
3. You may not use the business contact information within the Results Data in connection with determining any individual credit worthiness or for any financial, employment or insurance decisions, or to create or contribute to a “Consumer Report” as set forth in the U.S. Fair Credit Reporting Act or with respect to eligibility for any government-granted license or benefit or authorize or permit any third parties to do any of the foregoing.
4. You must either (i) review on a monthly basis a 6sense-provided list of persons who have requested that their personal data be removed from Company’s databases available at: https://6sense.com/privacy-opt-outs (the “Opt-Out List”) and remove from the Results Data in Your possession any data of the data subjects listed as requesting removal; (ii) remove the Results Data from Your possession on a monthly basis.

3. Intellectual Property Rights.

3.1 Company Ownership. As between the parties, Company owns all right, title and interest in and to the Services, including but not limited to Company’s proprietary algorithms, software and methodologies used to deliver the Services, or accessed through the Services, all documentation or other resources that may be assigned to Customer, and all modifications, improvements and derivatives of any of the foregoing (collectively, the “Company Technology”), and including without limitation any invention or discovery related to the Services that may be made as a consequence of Your use of the Services, and any and all intellectual property rights embodied in all of the foregoing and, without limiting the foregoing, You hereby assigns and agree to assign all of Your rights therein to Company. 

3.2 Reservation of Rights. Company reserves all rights not expressly granted in these Terms, and no licenses are granted by Company to Customer under this Agreement, whether by implication, estoppel or otherwise, except as expressly set forth herein.

3.3 Feedback.  In consideration of Your access to the Services, (i) You may notify Company of any problems, bugs, usability or performance or other issues You discover with respect to the Services; and (ii) You may share with the Company suggestions, improvements, ideas for enhancements or other feedback regarding the Services (together, (i) and (ii) are “Feedback”). All such Feedback shall be owned exclusively by Company and You hereby assigns and agrees to assign to Company all right, title and interest in and to such Feedback and all intellectual property rights therein.

4. Confidential Information.

4.1 Company’s Confidential Information. The Services, the Company Technology, and the Results Data are Company’s confidential information. You agree that You shall not use or disclose the Company’s confidential information for any purpose outside of the scope of the limited rights granted to You in these Terms regarding Your Use of the Services and Results Data.

4.2 You must not provide Confidential Information. You agree not to provide any confidential information (i.e. information that You consider confidential or proprietary that you want to limit disclosure thereof) to Company via the Services.

5. Security & Privacy.

5.1 Security. Company shall use commercially reasonable efforts to maintain appropriate administrative, physical, and technical safeguards designed to protect the security and integrity of the Service.

5.2 Results Data containing Personal Data of Data Subjects subject to European Data Protection Law.

If You access business contact information within the Results Data that contains EU Contact Data (defined below), the terms of the data processing addendum (“Controller to Controller DPA”) at: 6sense.com/dpa-addendum (pw: 6sense) shall apply and the parties agree to comply with such terms. With respect to all EU Contact Data within the Results Data made available to You via the Services, You agree that both You and Company are independent “controllers” (as controller is defined in European Data Protection Law) and shall comply with all provisions of European Data Protection Law that apply to controllers. The Controller to Controller DPA and applicable Standard Contractual Clauses (“SCCs”) set forth in its appendices are incorporated herein by this reference and shall apply between You and the Company. For the purposes of the SCCs within the Controller to Controller DPA, when and as applicable, the controller to controller terms shall apply.

5.3 For purposes of these Terms, “EU Contact Data” means business contact information that contains Personal Data of individuals that are subject to the European Data Protection Law. “European Data Protection Law” means: (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the “EU GDPR“); (ii) in respect of the United Kingdom the Data Protection Act 2018 and the GDPR as saved into United Kingdom law by virtue of Section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (the “UK GDPR“); and (iii) the Swiss Federal Data Protection Act (“Swiss GDPR“); and collectively the above may be referred to hereunder as the “GDPR”.

5.4 CCPA. With respect to the delivery to Customer of Results Data subject to the California Consumer Privacy Act of 2018 (“CCPA”), as amended, Company is a data broker and is registered at https://oag.ca.gov/data-brokers.

6. Warranties.

6.1. WARRANTY DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT MAKE ANY WARRANTIES THAT ITS SOFTWARE OR SERVICES ARE FREE FROM ANY BUGS, ERRORS OR OMISSIONS NOR THAT YOU WILL BE ABLE TO ACHIEVE ANY SPECIFIC RESULTS OR SUCCESS WITH RESPECT TO THE RESULTS DATA. THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.2. Your Warranties. You warrant that (a) You have the rights, permissions and applicable authorizations (including from Your employer) to use the Services and provide Input Data for the purposes set forth above, (b) You are at least eighteen (18) years of age and are accessing the Services solely for business purposes as permitted by these Terms; and (c) You will comply with all applicable laws and these Terms in connection with Your actions and use of the Services and Results Data.

7. Indemnity. You acknowledge, understand, and agree that You have an obligation to and shall defend, indemnify and hold Company and its directors, officers, employees, suppliers, consultants, contractors and agents harmless from and against any and all Claims arising out of or relating to your breach of these Terms.

8. LIMITATION OF LIABILITY.  IN NO EVENT WILL COMPANY AND ITS SUPPLIERS BE LIABLE TO YOU, YOUR EMPLOYER, YOUR EMPLOYER’S AFFILIATES, OR ANY OTHER THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMER DATA OR CUSTOMER’S SOFTWARE (OR ANY DATA RELATED THERETO) OR ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL COMPANY AND ITS SUPPLIERS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUBSCRIPTION FEES PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE INITIAL CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. IF THIS LIMITATION OF LIABILITY OR THE DISCLAIMER OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES ARISING HEREUNDER SHALL BE LIMITED TO $100. THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Term and Termination.

9.1 Service Term. The term of this Agreement commences on the date that You register for the Services or otherwise access the Services and, unless earlier terminated as provided herein, continues until You cancel Your registration to the Services (the “Service Term”).

9.2 Termination. Either party may terminate these Terms and Your access to the Services for convenience at any time without prior notice.

9.3 Effect of Termination. Upon any expiration or termination of these Terms: (a) Your right to use the Services and Results Data shall cease, (b) all rights and licenses granted to You under this Agreement will immediately cease; and (c) unless You have established an independent basis for retaining Results Data in Your possession in compliance with applicable privacy laws, You must delete all Results Data in Your possession delivered to You through the Services within thirty (30) days after the date of termination. You will, if requested by Company, provide Company with a certificate of deletion and Company reserves the right to audit Your compliance with the obligations in this subsection (c).

9.4  Survival. The parties agree that all definitions set forth in these Terms and the following provisions will survive any termination of these Terms: 1.3 (Usage and Performance Metrics; Improvement of Services), 2.2 and 2.3 (Restrictions applicable to Results Data), 3.1 (Company Ownership), 4 (Confidential Information), 6 (Warranties), 7 (Indemnity), 8 (Limitations of Liability), 9.3 (Effect of Termination), 9.4 (Survival) and 10 (Miscellaneous).

10. Miscellaneous.

10.1 Export Compliance. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing: (a) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports; and (b) You shall not permit access to or use of the Services in violation of any U.S. export embargo, prohibition or restriction. If You access the Services from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of such jurisdiction.

10.2 Choice of Law. These Terms shall be governed, construed and enforced in accordance with the laws of the State of California, without regard to its conflict of laws provisions. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California for the resolution of any disputes or conflicts arising out of or related to this Agreement.

10.3 Notices. Company will send any notices to You via email or provide such notices within the Services. Notices to Company shall be sent via email or mail to 6Sense Insights, Inc., 450 Mission Street, Suite 201, San Francisco, CA 94105, Attn: Legal Dept.; Email: [email protected].

10.4 Relationship of Parties. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchisee, employee, representative, owner or partner of the other party, and the relationship between the parties will solely be that of independent contractors.

10.5 Assignment. Neither these Terms nor any right or duty under these Terms may be transferred, assigned or delegated by You, including in connection with a corporate reorganization, merger, acquisition or other change in control of, without the prior written consent of Company. Company may assign these Terms or any rights hereunder at any time without notice to You. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

10.6 Waiver, Severability.  Failure of either party to enforce a right under these Terms shall not act as a waiver of that right or the ability to later assert that right relative to the particular claim involved, nor shall any course of conduct between Company and Customer or any third party be deemed to modify any provision of these Terms.  If any provision of these Terms shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of these Terms.

10.7 Injunctive Relief. The parties agree that a breach by You of Sections 2, 4 or 5 would result in irreparable and continuing damage to Company for which there will be no adequate remedy at law, and Company shall be entitled to injunctive relief and/or a decree for specific performance, without the necessity of proving damages or posting any bond, and such other relief as may be proper (including monetary damages if appropriate).

10.8 Entire Agreement; Amendment. These Terms, including the agreements and policies incorpoated herein, is the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written. All headings contained in this Agreement are inserted for identification and convenience and will not be deemed part of these Terms for purposes of interpretation. All remedies set forth in these Terms are cumulative.

10.9 Changes to these Terms. Company may update or revise these Terms from time to time in its sole discretion without notice to You, and Company recommends that You review these Terms on a regular basis to stay abreast of the most current version. The most current version will be available on the Company’s website. Your continued use of the Services after any update or revision to these Terms constitutes Your acceptance of the updates or revisions.