These Terms of Service are a legally binding agreement between Ripple My Data, Inc. (“Ripple My Data” and “UncoverMore App”, “the Company”, “we” or “us”) and between you (“Licensee” or “you”) and constitute the legal basis for your access and use of Ripple My Data’s proprietary online software which assists businesses to find business profiles through access to information regarding business professionals and companies (the “Data”) retained in Ripple My Data’s B2B database (the “Database”), accessible on a Software as a Service basis, including through the use of an API, integrated application, browser extension, downloadable software or Ripple My Data’s website (the “Solution”). The Solution, the Ripple My Data website (www.RippleMyData.com) (“Site”), and any feature, functionality, data, and content therein will be herein referred to as the “Services”.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE AND/OR ANY PART OF THE PLATFORM INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR THE PLATFORM IF YOU DO NOT ACCEPT THESE TERMS.
We may modify, suspend or discontinue this website, the Materials, and/or elements of the Platform at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. Because everyone benefits from clarity, we will inform you of any such modifications to these Terms by posting them on this website and, if you have registered with us, by describing the modifications to these Terms in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration by logging in and updating your account.
If you object to any modifications to these Terms or the Platform, your sole recourse shall be to cease using this website, the Materials, and the Platform. Continued use following notice of any such modifications indicates that you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of our websites. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded. These Terms may also be superseded by an express written agreement between you and Ripple My Data.
We invite you to use our websites and Platform solely for your internal business purposes (“Permitted Purposes”). By using our websites or the Platform, you agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the website and/or Platform with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the website and/or Platform and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
In these Terms we are granting you a limited, personal, non-exclusive, and non-transferable license to use and to display internally certain Materials and, if applicable, to access and use the Service and/or API; your right to do so is conditioned on your compliance with these Terms. You have no rights in our websites, any Materials or the Platform other than as stated in these Terms and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of our Materials in any manner. If you make copies of any of our Materials while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Materials.
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
PASSWORD RESTRICTED AREAS OF THIS WEBSITE.
However, to use the Platform and to access certain password-restricted areas and Materials on our websites, you must successfully register an account with us.
If you want an account with us, you must submit the following information through the account registration page:
A working email address;
First and last name;
Credit card information; and
Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your new user name and password. If your Subscription includes access to the API we will issue you a unique API key (as more particularly described in the documentation, the “API Key”), which must be referenced in your API calls. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly, though if you wish to change the email address associated with your account, you must contact us using the below contact information and we can make the changes for you. And, if you forget your password – no worries as we will happily send a password update to your provided email address.
You are responsible for complying with these Terms when you use our websites and the Platform, whether directly or through any Subscriber Application (as defined below). Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of our website and the Platform as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s) and API Keys. You agree not to share your password, let others access or use your account, or do anything else that might jeopardize the security of your account. Should you believe your password or security for the Platform has been breached in any way, you must immediately notify us.
USING THE PLATFORM.
If you have an account with us and have a current Subscription (as defined below) to use the Service, then subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, we hereby grant you a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access the Service and internally display the Materials accessible therein, solely for your internal business purposes.
If your current subscription permits you to export certain Materials, then subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, we hereby grant you an additional limited, revocable, non-transferable non-exclusive, non-sublicensable license to export and display such Materials in the manner and file format(s) that we permit. You may use such exported Materials solely for your internal business purposes and agree that you will not disclose the exported Materials to any third parties or publish the Materials in any manner accessible to third parties. Upon termination of this agreement or your Subscription, you must immediately delete and/or destroy the exported Materials and any copies thereof in your possession or control.
If your current Subscription permits you to use the API, then subject to your compliance with our API documentation (“Documentation”) and these Terms, including, without limitation, your payment of all applicable fees, we hereby grant you an additional limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use the API and the Documentation for the sole purpose interfacing with the Platform and providing Materials to your web-based applications (each a “Subscriber Application”), solely for your own internal business use, and not for timesharing, application service provider or service bureau use. You acknowledge and agree that your use of the API may be subject to volume and other restrictions imposed by us from time to time. We may monitor your use of the API to ensure quality, improve our products and services, and verify your compliance with these Terms and the Documentation.
Each Subscriber Application must maintain 100% compatibility with the Platform. If any Subscriber Application implements an outdated version of the API you acknowledge and agree that such Subscriber Application may not be able to communicate with the Service. You understand that we may cease support of old versions of the API.
Except for the foregoing licenses, you have no other rights in the Platform and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or Platform in any manner. All rights not granted in these Terms are reserved.
USE AND AVAILABILITY OF THE PLATFORM.
The Platform may be unavailable at certain times, including during any unanticipated or unscheduled downtime or as a result of system failures or force majeure events. If you have a current subscription, we will use commercially reasonable efforts to provide you with information regarding any such interruptions and the restoration of the use of, and access to, the Platform following any interruption.
You acknowledge and agree that we obtain data for the Service from third parties and that such sources may become temporarily or permanently unavailable. We believe such sources and data to be reliable but we have not necessarily verified the accuracy or completeness of such third-party data. We reserve the right to modify and update the Service from time to time, including the addition and removal of data elements and Materials provided in connection with the Service.
We may temporarily or permanently suspend your access to any portion or all of the Platform if we reasonably determines that: (a) there is a threat or attack on the Platform (including a denial of service attack) or other event that may create a risk to the Platform or users of the Platform; (b) your use of the Platform disrupts or poses a security risk to the Platform or any other user of the Platform, may harm our systems, or may subject us or any third party to liability; (c) you are using the Platform for fraudulent or illegal activities; (d) you are using the Platform in breach of these Terms (including, without limitation, using the data other than for internal purposes); (e) you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; or (f) there is an unusual spike or increase in your use of the Platform (collectively, “Service Suspensions”). If you are an affected subscriber, we will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of any Service Suspension.
You hereby agree to notify us if you become aware that the Platform or any part thereof is being used for any illegal or unauthorized purpose.
THE SOLUTION AND THE DATA TO LICENSEE, ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, Ripple My Data DOES NOT WARRANT THAT THE SOLUTION, THE DATA OR ANY SERVICES RELATED THERETO WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. Ripple My Data OPERATES AS A SEARCH PLATFORM. MOST OF THE INFORMATION IT PROVIDES IS NOT CREATED DIRECTLY BY Ripple My Data, BUT IS RETRIEVED FROM THE WEB OR FROM THE CONTRIBUTION OF RELEVANT DATA FROM OTHER USERS AND BUSINESS PARTNERS AND AS SUCH, Ripple My Data AND ITS CONTENT PROVIDERS SHALL NOT HAVE ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY DATA PROVIDED THROUGH USE OF THE SOLUTION. LICENSEE ASSUMES ALL RESPONSIBILITY AND RISK FOR LICENSEE’S USE OF THE SOLUTION AND THE DATA., Limitation of Liability. IN NO EVENT WILL Ripple My Data BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER, CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF THIS AGREEMENT, THE DPA, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT Ripple My Data HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS UNDER SECTION 12 OR FOR WILLFUL MISCONDUCT, Ripple My Data’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE FEE PAID BY LICENSEE TO Ripple My Data DURING THE 12 MONTHS PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM., Term; Termination. This Agreement commences on the date of Fee payment by the Licensee unless agreed otherwise in the applicable Purchase Order, shall continue in effect for the subscription period (the “Initial Term”) and for any successive subscription periods (each, a “Renewal Term”), (the Initial Term and any Renewal Term thereafter are collectively referred to as the “Term”). , Governing Law., and Miscellaneous. These Terms set forth the entire understanding between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous written agreements and discussions concerning the subject matter of this Agreement. In the case of a conflict between the Agreement and a Purchase Order, the Terms shall prevail. Licensee agrees that Ripple My Data may disclose the fact that Licensee is a client of Ripple My Data. While this Agreement is in effect, the Licensee grants Ripple My Data the right to reference Licensee’s company name and logo in marketing materials and on Ripple My Data’s website until Licensee’s use of the Solution is discontinued. If any provision of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, such clause shall be interpreted as necessary to give maximum force to the provisions thereof, and the validity and enforceability of the remainder of Agreement shall not be affected. The failure of either party to enforce at any time the provisions of the Agreement shall not be interpreted to be a waiver of such provisions or of the right of such party to enforce each and every such provision. All notices given under this Agreement shall be in writing and shall be deemed to have been duly given: when delivered, if delivered by messenger during normal business hours of the recipient; when sent, on the third business day following posting, if posted by international air mail. Licensee may not transfer or assign its rights or obligations under this Agreement to any third party. Any purported assignment contrary to this section shall be void. Notwithstanding, each party shall be entitled to assign its rights and obligations under this Agreement, in whole or in part, to any related entity or upon a merger, acquisition, or sale of all or substantially all its business, without the need to obtain the consent of the other party. shall survive any expiration or termination of this Agreement.
You agree to pay all applicable fees related to your use of our websites and/or the Platform, all of which are described fully on our site or as otherwise communicated by us. All payments will be made in US Dollars. We may suspend or terminate your account and/or access to the Platform and our websites if your payment is late and/or your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you expressly authorize us and/or our third-party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services. You agree that we may invoice you any unpaid fees.
When you sign up for a subscription to use the Platform (“Subscription”), we will charge your credit card for your first fee on the date that we process the order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon your transition to a Paid Subscription).
Consideration; Tax. The use of certain Ripple My Data Services may be subject to payment of particular fees (“Fee(s)”), as determined by Ripple My Data in its sole discretion (“Paid Services”). Ripple My Data will provide notice of such Fees then in effect in relation to such Services. Unless stated otherwise in the Purchase Order, any consideration fee for the Service shall be due and payable in advance and shall be paid by credit card in accordance with the instructions. If no payment schedule is specified for any Subscription Fees under PO, the entire amount shall be payable within 30 days following activation of the Service.
If Licensee does not have such right or authorization, the Licensee may not use the Services. By subscribing to the Services, Licensee’s representative subscribing to the Services will bind the legal entity on behalf of whom it is subscribing.
Software as a Service. Subject to the terms and conditions of these Terms, Ripple My Data grants to Licensee a non-exclusive, non-sublicensable, non-transferable, and limited right throughout the applicable subscription period, to use and access the Solution solely for Licensee’s internal business use and for Licensee’s own operations to such number of End Users and limited to such number of credits by which the Licensee can receive Data through the use of the Solution, all as specified in the applicable Purchase Order. “End User” means a single individual user who has registered to the Solution through access provided by the administrator of Licensee. Any individual who uses the Solution under the Agreement must be provisioned as an End User. The Licensee is solely responsible for the access to the Solution granted to End Users and it is the Licensee’s sole responsibility to add or remove access rights of End Users. Licensee may continue to use the Data after the termination of the Agreement subject to the restrictions set forth below.
Creating an Account. In order to fully use the Services, you must register and create an account. Creating your account can be done by providing specific details (e.g. full name; email address; etc.) through the Site. You agree to keep your account credential secret and secure. You also agree to inform us immediately of any unauthorized use of your account. By accepting the Terms, you declare that you are responsible for all activities taken under your account. Once you create an account, you will automatically join to our mailing list. You can choose to remove your email address from that mailing list by choosing the “unsubscribe” link at the bottom of any email communication we send to you. We may cancel your access to the Services and terminate your account, at our sole consideration, at any time and for any reason, with or without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, licenses and ownership provisions, warranty disclaimers, limitations of liability, indemnity, and dispute resolution provisions.
Ripple My Data may suspend or discontinue Licensee’s access to the Solution in case of failure to pay the Fee on the date due. Any amounts payable to Ripple My Data by Licensee that remain unpaid after the due date shall be subject to a late charge equal to 1.5% of the invoice amount per month from the due date until such amount is paid. Licensee shall pay all collection fees, including legal expenses, with respect to the collection of late payments. All payments under this Agreement are non-refundable.
Your use of the Ripple My Data Services will not resume until you re-subscribe for any such Ripple My Data Services, and pay any applicable Fees in full, including any fees and expenses incurred by Ripple My Data and/or any Third Party Services for each Chargeback received (including Fees for Ripple My Data Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
Subscription Auto-Renewals. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one year, each of its renewal periods (where applicable) will be for one year. Accordingly, where applicable, Ripple My Data will attempt to automatically charge you the applicable Fees using the same means of payment, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Ripple My Data will endeavor to provide you notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting Ripple My Data Help Center.
IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that we charged your credit card for the first Subscription fee and, we will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payment. Yearly Subscriptions must be canceled at least 45 days prior to the anniversary date, while monthly subscriptions can be canceled at any time prior to the monthly renewal date. You may cancel your membership by logging into your account and clicking the “Cancel my Account” button; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.
All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Platform (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay taxes on your behalf, you shall promptly reimburse us for all amounts paid.
Your continued use of the Solution or Services, following any such revisions, constitutes your complete and irrevocable acceptance of such Changes. If you do not agree with the new/modified Terms, your sole remedy is to discontinue using the Solution and the Services and cancel your registration.
Support Services. Ripple My Data will provide reasonable support for the Services. Ripple My Data created different tools to help users address frequently asked questions and additional technical and general support issues. In addition, Ripple My Data tests frequent updates, maintenance, error testing, and additional means in order to improve the Services. However, Ripple My Data does not undertake to keep operating any of the above, and reserves the right to change, reduce, limit or terminate its maintenance and support efforts.
Intellectual Property Rights. All intellectual property rights in the Database, the Solution and any part thereof and any and all derivatives, changes and improvements thereof lie exclusively with Ripple My Data. Ripple My Data’s profiles may reference links to other web sites (the “Linked Sites”). Ripple My Data neither endorses nor is affiliated with the Linked Sites and is not responsible for any of the content on the Linked Sites. Licensee shall not use any trade name, trademark, service mark, brand or logo of Ripple My Data, or any link to a Ripple My Data website, for any purpose other than in connection herewith, including, without limitation, in any communications using Data from Ripple My Data, without Ripple My Data’s prior written consent.
Licensee Obligations. Licensee shall not and shall not permit any other third party to: (i) attempt to interfere with the Solution, infiltrate, hack, reverse engineer, decompile, or disassemble the Solution or the Database; (ii) use the Data for other than the Licensee’s internal business purposes (which is understood to include marketing to prospective and current Licensees or recruitment purposes); (iii) publish, distribute, share, sell, lease, transfer or otherwise make the Data available to any third person or entity and will use its best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity; (iv) sub-license its right to access and use the Solution or provide remote access to the Solution to or for the benefit of any third party or any unauthorized person; (v) use the Data to compile similar databases or services; (vi) use the Solution to determine a consumer’s eligibility for credit or insurance for personal, family or household purposes, employment or governmental license or benefit or for any purpose covered by the Fair Credit Reporting Act; (vii) violate third parties’ rights to privacy and other rights; (viii) use the Solution in any way which can be deemed to be stalking, offensive, abusive, defamatory, fraudulent or deceptive, threatening, advocating harassment or intimidation; (ix) use the Solution or the Data in violation of any applicable law or in any way which promotes illegal activities, including, without limitation, privacy and data protection and SPAM laws; (x) disparage or misrepresent the capabilities or reputation of Ripple My Data; and (xi) disclose the source of the Data provided by Ripple My Data. In any use of the Data, Licensee agrees to comply with all applicable data protection, security, marketing or privacy-related laws, statutes, directives or regulations, including but not limited to: (a) General Data Protection Regulation (“GDPR”) together with any amending or replacement legislation, any EU Member State or United Kingdom laws and regulations promulgated thereunder, (b) the California Consumer Privacy Act of 2018 and the California Consumer Privacy Act Regulations (“CCPA”) together with any amending or replacement legislation, (c) Brazil’s General Data Protection Law (“LGPD”), (d) Federal CAN-SPAM Act of 2003 and Canada’s Anti-Spam Legislation together with any amending or replacement legislation, and (e) and all other equivalent laws and regulations in any relevant jurisdiction relating to Personal Data and privacy, as each may be amended, extended or re-enacted from time to time. In case of any violation of the restrictions in this Section Ripple My Data may immediately suspend Licensee’s access to the Solution. In addition to any other damages it may be entitled to under law, should Licensee or any person using the Solution through Licensee’s account knowingly breach any material term of this Agreement, Ripple My Data shall have a right to injunctive relief, including attorneys’ fees and court costs, as required to cure the breach.
By using our websites and/or the Platform, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the website and/or Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and we sometimes provide links from our websites and the Platform to third-party websites. If you use these links, you will leave our website. We are not obligated to review any third-party websites that we link to, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from a website or the Platform, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of our websites may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on our website or the Platform to be shared with your contacts in your third-party site account.