Seethrough, 9511-2165 Québec inc., provides data enrichment services (defined below) subject to these terms. The effective date of these Terms is the earlier of the date you enter into these Terms and the date you first access the Seethrough Services.
By clicking or tapping any button or box marked "Accept," Agree," or "OK" (or a similar term) in connection with these Terms, or by accessing our site https://seethroughapp.io ("Site") or otherwise using the Seethrough Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and affirm that you are over the age of 18. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind the entity and its affiliates to these Terms, in which case the terms "You", "Your," or "Customer" shall refer to the entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Seethrough Services. You acknowledge that these Terms form a binding contract between you and Seethrough, even though it is electronic and is not physically signed, and that it governs without limitation your use of and access to the Seethrough Services, unless you have signed a separate Master Services Agreement or other similar with Seethrough.
PAID SUBSCRIPTION PLANS PURCHASED THROUGH SELF-SERVICE ON THE SITE OR THROUGH OUR RESELLERS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL THEM PURSUANT TO SECTION 5 OF THESE TERMS. CANCELING WILL END THE AUTOMATIC RENEWALS OF YOUR PAID SERVICES, BUT WE WILL KEEP ANY FEES WE HAVE ALREADY COLLECTED FROM YOU (UNLESS WE ARE REQUIRED BY LAW TO REFUND THEM).
2.1. Provision of Services: We will provide the Services to You and Your Affiliate(s) (so long as neither You nor such Affiliate(s) is a Competitor to Seethrough) in accordance with the applicable Order and these Terms. For any Services an Affiliate receives under these Terms, the Customer (or Customer’s parent company for Affiliates under common control with Customer) and the Affiliate shall be jointly and severally liable for the obligations, including but not limited to payment obligations. At the beginning of the Initial Term or promptly thereafter, You will receive access to a Seethrough account ("Your Account"). To use the Services, You must link at least one of your email accounts to Your Account, but may link no more email accounts than the total number of Your Authorized Users. You will keep all information related to Your Account current and promptly notify us of any changes and of any unauthorized use of Your Authorized Users’ identifications and passwords or your account.
2.2. Use of Services: You are solely responsible for the acts and omissions of Your Authorized Users, including their use of the Services, including their processing of any Product Data obtained from the Services. You and Your Authorized Users will maintain the security of their usernames and passwords, and you will not permit anyone who is not an Authorized User to access or use the Services. You will notify Seethrough immediately if You suspect or become aware of any unauthorized use of the Services or if an Authorized User’s username or password is lost or stolen.
2.3. Customer Restrictions: You and Your Authorized Users must not: (a) use the Seethrough Services to provide any Seethrough Services or Product Data to third parties (excluding any Third Party Applications as permitted pursuant to Section 2.9 herein) or otherwise reproduce, license, sell, rent, lease, outsource, act as service bureau, or sublicense the Seethrough Services or Product Data; (b) use the Seethrough Services or Product Data in any manner that is defamatory, obscene, libelous, or otherwise violates the rights of another or does not comply with applicable laws and regulations, including, without limitation, any privacy rights, publicity rights, intellectual property rights or other property rights; (c) except as permitted by applicable law, decompile, disassemble, reverse engineer or otherwise attempt to access or derive the source code or other trade secrets from the Seethrough Services; or (d) submit content to the Seethrough Services, by transmitting viruses or other malicious code or using the Seethrough Services to spam others.
Except as expressly permitted in an Order, You and Your Authorized Users shall not (a) incorporate any portion of the Services or Product Data into Your products or services, (b) use the Services or Product Data for any other commercial purposes other than the Permitted Uses, or (c) access or use the Product Data for the benefit of or on behalf of any entity except Customer and Affiliates contemplated under the scope of an Order.
You and Your Authorized Users shall not use the Services to determine a consumer’s eligibility for (a) credit or insurance for personal, family or household purposes, (b) employment or (c) a government license or benefit or (d) any other purpose governed by the Fair Credit Reporting Act (“FCRA”).
2.4. Customer Compliance: Subject to You and Your Authorized Users’ compliance with all applicable laws, You and Your Authorized Users shall be permitted to access or use the Seethrough Services solely for the business-to-business sales, marketing, or business development activities of Customer (the “Permitted Uses”). As consistent with the Permitted Uses, You and Your Authorized Users may use the Services in a responsible and professional manner relating to Customer’s business-to-business sales, marketing, and business development activities to: (a) view the Product Data; (b) communicate with any individuals contained within Product Data, in a manner that relates directly to such person’s profession, business, or employment; and (c) identify prospective sales opportunities, research Customer’s existing customers and prospects, and otherwise analyze the Product Data for business-to-business sales, marketing, and business development purposes.
2.5. Services Limits: You and Your Authorized Users shall not override or circumvent, or attempt to override or circumvent, any security feature, control, or use limits of the Seethrough Services. Seethrough may use technological means to place reasonable use limits to prohibit excessive use, including excessive requests or exceeding records limits that indicate a violation of these Terms, such as sharing with third parties.
2.6. Modifications & Updates: We may modify the Service and Limits from time to time, including changes that may materially reduce the functionality provided. If you are using an older version of the Seethrough Services, Seethrough may choose to move you to our then-current Seethrough Services at any time. Customer agrees that its purchase of the Services is not contingent upon the delivery of any future functionality or features, or dependent on any oral or written public documents made by Seethrough regarding future functionality or features.
2.7. Third Party Applications: “Third-Party Applications” means computer software programs and other technology that are provided or made available to Customer or Authorized Users by third parties, including those with which the Service may interoperate, including, for example, Customer’s CRM, marketing automation software, email marketing or sales enablement software, if any. Customer may be able to use the Service through integrations, webhooks or other connections to one or more Third-Party Applications (each, a “Connection”). When You or your Authorized Users implement a Connection to a Third-Party Application, You hereby grant to Seethrough the right, and are expressly instructing Seethrough, to access and interoperate with that Third-Party Application during the Order Term in order to provide and support the Service. Customer is responsible for complying with all applicable third-party terms, policies and licenses governing its access and use of Third-Party Applications and associated data (collectively, “Third-Party Terms”).
2.8. Suspension of Services: In the event Seethrough has a reasonable belief that You or any Authorized User is engaged in or facilitated any unauthorized or unlawful access or use of the Product Data or the Services in violation of these Terms or applicable law, Seethrough, in its sole discretion, may immediately suspend or limit Your access to the Product Data and/or Services until such violation is resolved to Seethrough reasonable satisfaction. We will use commercially reasonable efforts to give You prior e-mail notice of suspension under this Section, and we will resume the Services as soon as possible once the issue necessitating suspension is resolved. We will not be liable to You for any loss, damage or inconvenience suffered as a result of any suspension under this provision.
2.9. Free Plans: If You elect to use the Seethrough Services under the limited free-to-use option, and We agree (the “Free Plan”), You acknowledge and accept that we may terminate Your use of the Services under the Free Plan for any reason or no reason at all and without any required prior notice. “Seethrough Free Users,” are defined as users who have registered for a free subscription account or are listed as a user within an account and/or instance. For Seethrough Free Users and Free Plans, support is available to you through the Seethrough knowledge base. DURING THE TRIAL PERIOD AND USE UNDER THE FREE PLAN, WE WILL HAVE NO OBLIGATION WHATSOEVER TO CONTINUE PROVIDING THE SERVICES TO YOU, AND YOU WILL HAVE NO CLAIM OR REMEDY FOR THE FAILURE OF THE SERVICES. THESE LIMITATIONS ARE IN ADDITION TO THE WARRANTY DISCLAIMERS AND LIABILITY LIMITS IN THESE TERMS.
2.10. Accuracy of Product Data: During the term of these Terms, Seethrough agrees to take commercially reasonable steps to correct errors and omissions in Product Data when discovered by Seethrough and/or upon notification by Customer.
2.11. Customer Security: Customer affirms that all locations within Customer’s environment where Product Data is stored have implemented industry-standard physical, technical, and administrative controls to ensure that Product Data is accessible only by Customer and Authorized Users.
3.1. Self-Service Subscriptions: All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in these terms. If you select a Subscription through the self-service process on the Site or through one of our Resellers, you will be required to provide Seethrough or its Affiliates information regarding your credit card or another payment instrument (“Payment Instrument”). You represent and warrant to Seethrough that such information is true and that you are authorized to use the Payment Instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date); we may also receive updates on your Payment Instrument through our payment service providers and automatically resume billing. If your Payment Instrument is declined when Seethrough or its Affiliates attempts to charge it, we may try to charge it again at a later time. If Seethrough or its Affiliates does not receive payment, Seethrough will promptly suspend or terminate the Customer’s Services. We assume no responsibility or liability if your access to the Subscription fails to renew or otherwise expires because of outdated or incorrect payment information.