All references to the Platform and Services shall be made using “Our” or “Us” or “We” and all references to the User and/or subscriber shall be made using “You”.
Please read on to learn the rules and restrictions that govern your use of Our Platform (the “Service”). If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at [email protected]
These Terms govern your access to the Service and use of all data, content and other information on Our Platform and other properties and include the provisions in this document
For the purposes of this Agreement;
“User” shall mean any person using the platform, who has entered into an agreement with us to do so, whether directly or through another entity’s identity, being so authorized to do so.
“Subscriber” means either any user that has paid for its subscription and usage of the platform. If you are an Authorized User and the Subscription Agreement or Order Form under which you are an Authorized User provides for additional or different rights for your use, those terms providing for additional rights will prevail over the terms of this Agreement.
An “Authorized User” is an employee of Subscriber who is a natural person, who works within the organization listed on the order form, and who is designated by Subscriber as a user under this Agreement.
The new Terms of Service went into effect on 20 Mar, 2022 and are listed immediately below. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE (DEFINED BELOW) IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER.
Effective Date: This Agreement is effective upon your use of the Site or Applications.
We are constantly trying to improve our Service, so these Terms may need to change along with the Service. We reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Platform, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to these Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by you and Us.
Using our Platform:
- 1.1.As part of using the Service you may be required to sign up for an account and select a password and email or user name (your “User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.
- 1.2.Your right to access the Service is personal to you and you may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password.
- 1.3.You’re responsible for any activity associated with your account. You will only use the Service and Content (defined below) in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your use of the Service in any way that breaks the law.
- 1.4.You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf).
- 1.5.If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Site & Applications: We provide data (the “Services”) via our website located at www.thekredible.com (the “Site”). Additionally, an Authorized User under a subscription agreement may be given access to one or more of Our Platforms for the purpose of accessing the content of the Site (the “Content”) through that Application.
- 2.2.For the purposes of this Agreement, “Content” also includes any written reports sold or otherwise delivered to Subscriber as well as any information Subscriber receives from Our analysts, regardless of how that information is communicated to Subscriber. We may suspend, disable or terminate your access to the Services, Site, Application, or Content.
- 3.1.To use the Platform you have to register with Us.
- 3.2.Your account is only for use by you and you are responsible for your conduct. You will always use a strong password to protect your account and keep it confidential. You will not share your account access on the Platform with others or let anybody impersonate you using your access credentials. You take responsibility that your account will not be used in any way which contradicts any applicable law or the Terms mentioned herein. We have a right but not an obligation to review your conduct to ensure compliance with these Terms. If there is a misuse of your account; you will immediately report to Us.
- 3.3.We may take necessary steps including but not limited to terminating your access to the Platform if we believe that you are in breach of the Terms mentioned herein or your failure to comply with any applicable law.
Trial Access: If We agree to provide trial access, such access may be limited to certain subsections of Content.
Updates: We may modify the Services, Site, Applications, or Content at any time.
- 6.1.Requirements for Use: The Site, Applications, and Content may only be accessed through valid login credentials issued to you by US. You must register for a single user account using a unique username and password and complete the registration process by entering your general contact information in the “My Account” section of the Our Site or Application including current, complete and accurate information as prompted by the form.
- 6.2.Responsibility for Use: Your account username and password are solely for your individual use to access the site and you may not permit anyone else to use them or your account. You are responsible for all use of the Applications, Site, Services, and Content accessed through your account (including any illicit use of your user ID or password) and for preventing such unauthorized use.
- 6.3.Reporting Unauthorized Use or Access: If you believe there has been unauthorized access or use of the Applications, the Site or any Content through your account credentials, you must notify Us immediately by emailing at [email protected]
- 7.1.Fees: The Subscriber will pay all fees listed in the relevant Order (“Fees”). The Fees only apply with respect to the term provided in the Order. We may change the Fees for any Renewal Term (as defined below) upon notice to Subscriber no later than 45 days prior to the then-current anniversary of the Effective Date. Unless provided otherwise, all amounts paid under this Agreement are non-refundable.
- 7.2.Timing of Payment: The Subscriber will pay all Fees contained on an Order within 15 days following the Effective Date. If the Agreement is automatically renewed, Subscriber will pay all Fees for renewal terms on each anniversary of the Effective Date during the Term. If such payment is not timely made, We may suspend Subscriber’s access to the Site, Applications, and Services. Unpaid Fee balances will accrue interest at the rate of 1.5% per month.
- 7.3.Taxes: The Subscriber is solely responsible for all applicable sales, use, and other taxes or similar charges or duties incurred in connection with this Agreement (collectively, “Taxes”). Subscriber will promptly reimburse Us if We are required to pay any Taxes for which Subscriber is legally responsible..
User’s Rights on the Platform:
- 8.1.The materials displayed or published or available on or through the Service, including, but not limited to, text, graphics, data, articles, information, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.
- 8.2.You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way (including through the Website, API, Mobile applications, downloads, etc.).
- 8.3.You will not use, copy, reproduce, adapt, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including Our) rights.
8.4.Notwithstanding the foregoing, you may display insubstantial excerpts of Content for criticism, commentary, news reporting, teaching, scholarship, research and similar purposes, provided:
- 8.4.1The use does not compete with the Service; and
- 8.4.2Proper attribution is provided to;
- 8.4.3Any other uses of Content require Our prior written consent.
- 8.5.You understand that We own the Service
- 8.6.You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Service.
- 8.7.If you would like to use Content in any manner other than as expressly permitted by these Terms, please visit our products page to learn more about the different ways that We provide its data and find the solution that is right for you. You may be required to submit an application and/or meet certain eligibility criteria in order to participate in a program, and there may be different terms and conditions which apply to the specific program that you choose. You must agree to all terms and conditions and, if applicable, pay all required fees which apply to your specific program. These Terms apply to all such programs unless specifically stated otherwise in the applicable program terms.
License to Use:
- 9.1.Certain parts of the Service may allow you to integrate with other third-party accounts of yours, such as data from your productivity tools (e.g. CRMs, e-mail, sales engagement tools, etc.).
- 9.2.If you choose to use these parts of the Service, you grant Us all licenses and rights necessary for Us to provide the Service to you, including a license for Us to read and write to your third-party account, to extract data from and upload data to your third-party account, and to share data extracted from your third-party account with other members of your team or institution, as further described in the next paragraph.
- 9.3.Anything you post, upload, share, store, integrate with or otherwise provide through the Service is your “User Submission.” Some User Submissions (such as profile data you contribute to Us, or information you elect to share with other users through the Service, such as your team members) are viewable by other users.
- 9.4.For all User Submissions, you hereby grant Us a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to translate, modify, aggregate, reproduce, display, distribute, and otherwise use and exploit such User Submissions for Our business purposes, including to provide, develop, and improve our products and services, except, for the avoidance of doubt, the foregoing shall not permit Us to publish, display or distribute your data from your productivity tools (e.g. CRMs, e-mail, sales engagement tools, etc.) in a manner that is identifiable as originating from you without your written consent.
Link to other sites:
- 10.2.Any use or attempt to use any web crawlers, robot, spider, computer code or any other device, program and methodology to continuously and automatically search, scrape, extract, deep-link, index and/or disrupt the working of the Platform and/or download large amount of data is not permitted unless expressly permitted through API’s by Us.
- 11.1.Use for Internal Business Operations: The Services and Content may only be used for the purposes of Subscriber’s internal business operations. An Authorized User may view, download, and manipulate the Content for Subscriber’s internal business operations.
- 11.2.Use of Content: Authorized Users may incorporate data from the Content (as “Work Product”) so long as (A) the quantity of data incorporated from the Content into the Work Product has no independent commercial value and is not separately marketable by us; (B) the Work Product is not issued on behalf of a third party; (C) the Work Product is not published to more than 500 individuals without Our prior written consent which consent will not be unreasonably withheld; and (D) the incorporated Content contains the following source attribution: Source: .........”relevant link of Platform”............. We retain sole ownership over any Content incorporated into the Work Product. If We assist the Subscriber in the creation of Work Product, the Subscriber may be charged additional fees as agreed to in writing by Us and Subscriber in a separate Order.
- 11.3.Printing & Downloading: An Authorized User may print or download and store the amount of Content authorized in the Order only. However, the Subscriber may not use such printing and downloading to compile more than an insubstantial portion of Our database.
- 11.4.Subscribers with Advance and Premium subscriptions can access data for up to 50 companies per day. If a user attempts to access data for more than 50 companies in a single day, their subscription will be temporarily blocked for 24 hours.
- 11.5. For Advance Plan subscribers, there are 15 requests allowed for New Company Additions, whereas Premium Plan subscribers enjoy the flexibility of submitting up to 30 requests for New Company Additions.
In order to serve you better, we want to emphasize that we have a dedicated team here at TheKredible responsible for promptly processing all requests. We want to assure you that your requests are important to us, and we are committed to taking swift action to meet your needs.
Restrictions on Your Use of the Platform: Your use of the Service is subject to the following additional restrictions:
- 12.1.No Uses Competitive with Us
- 12.2.You agree not to use the Platform in any manner, or its Content in furtherance of a Competitive Product. A “Competitive Product” is a product or service that provides customers with data that is substantially or reasonably similar to data marketed and licensed by Us at of the Effective Date. The Content may not be used for any competitive analysis of how Our products and services compare to a Competitive Product being offered or developed by Subscriber.
- 12.3.Limitation on Distribution: Except as explicitly allowed herein or the terms of an Order, Subscriber may not transfer, sell, rent, distribute, display, or otherwise disclose any portion of the Platform, Services, Site, Content, or Applications to anyone.
- 12.4.You will not use the Content in conjunction with any machine learning, neural network, deep learning, predictive analytics, or other artificial intelligence computer or software program. If the Subscriber collects data from the Site in violation of this document, the Subscriber agrees to promptly, upon receipt of invoice, delete such data and pay 150% of the then-current direct data pricing for such data or any other sum our accounting deems fit.
- 12.5.Unauthorized Access: Subscriber may not-—through hacking, password mining, or any other means—violate the security of the Site or any Application or attempt to gain unauthorized access to the site, Content, or Our computer systems. Authorized Users may not share their password or other login credentials to the Services.
- 12.6.No Violations of Third-Party Intellectual Property: Subscriber may not use the Site, Services, or any Content in a manner that infringes or violates Our intellectual property or proprietary rights or any third party, including, without limitation, the rights of privacy and publicity.
- 12.7.No Use in Third-Party Databases: Subscriber may not input any Content into a customer relationship management application or any other third-party database.
- 12.8.No Use in Violation of Laws: Subscriber may not use the Site or Content in any manner that is unlawful or that harms Us. Additionally, Subscriber may not use the Site or Content in any way that is fraudulent, false, or deceptive.
- 12.9.No Offering of Securities: Subscriber may not use the Services, Site, or Applications in such a way as to be deemed to be engaging in the offering or solicitation of investments in securities or to be using the Services, Site, or Applications for any other improper investment purposes.
- 12.10.No Use for Credit or Employment Eligibility: Subscriber may not use the Content as a factor in establishing an individual’s eligibility for employment, or for credit or insurance to be used primarily for personal, family, or household purposes.
- 12.11.Intellectual Property Marks: Subscriber must not remove or obscure the copyright, trademark, service mark, or other notices contained on the Platform, Services, Applications, or Content, regardless of whether such notices relate to rights possessed by Us. Subscriber may not use Our trademarks, service marks, logos, or other proprietary identifiers, without prior written consent.
- 12.12.Professional Conduct: Subscriber must treat Our employees and other Users on the Platform with a reasonable level of cordiality and professionalism.
12.13You represent, warrant, and agree that you will not contribute or submit any User Submission (defined below) or other materials or otherwise use the Service or interact with the Service in a manner that:
- 12.13.1Infringes or violates the intellectual property rights or any other rights of anyone else (including Ours);
- 12.13.2Violates any law or regulation, including without limitation any applicable export control laws and/or data privacy laws, or would cause Us to be in violation of any law or regulation (including, without limitation, any laws relating to labor, employment, or the issuance of securities);
- 12.13.3Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- 12.13.4Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Service as you);
- 12.13.5Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- 12.13.6Violates the security of any computer network, or cracks any passwords or security encryption codes;
- 12.13.7Runs any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service infrastructure);
- 12.13.8“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
- 12.13.9Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
- 12.13.10Copies or stores any significant portion of the Content;
- 12.13.11Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.
- 12.13.12No Technological Attacks or Scraping; may not use or attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other device, program, tool, algorithm, process or methodology to systematically access, acquire, copy, or monitor any portion of the Content or Site.
A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Platform and/or Our Service.
Stopping use of Service:
- 13.2.We are also free to terminate (or suspend access to) your use of the Service or your account, for any reason in our discretion, including your breach of these Terms.
- 13.3.We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
- 13.4.Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. Provisions that, by their nature, should survive termination of these Terms shall survive termination.
- 13.5.By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
- 13.6.Additionally, upon termination of your account We may require you to expunge some or all of the Content in your possession, and you will do so promptly.
Term: This Agreement will commence on the Effective Date and will terminate at the end of a trial or if no Order is in effect. If a new Order is agreed to after the termination of this Agreement, this Agreement will be reinstated unless otherwise agreed.
Termination: Termination for Breach: We may terminate this Agreement if you breach this Agreement.
Effect of Termination: Upon termination of this Agreement, you must promptly expunge any Content you have in your possession and immediately discontinue use of the Services, Site, Applications, and Content. Sections will survive the termination of this Agreement.
Platform “As Is” and Disclaimer:
- 17.1.The Platform is provided on an “As Is” basis without warranties of any kind. We make no representation or warranty, either express or implied, regarding the adequacy, completeness, usefulness and accuracy of the Platform. You shall exercise your discretion while using the Platform or the content therein.
- 17.2.Nothing contained in the Platform shall constitute or should be construed as a solicitation, offer or recommendation by Us.
- 17.3.We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
- 17.4.The Platform is for educational and information purposes only and not intended to provide any financial, investment or legal advice. You shall seek the help of a professional in pursuing such advice. Any article, publication, statement, report, information, data or content available on the Platform or on any link to the Platform will not be sought as an advice or opinion from Us.
- 18.1.The parties acknowledge that they shall receive information belonging to the other party that can be reasonably construed to be confidential and privileged information not intended to be disclosed to any third parties or other party, unless it needs to be disclosed for the fulfillment of these Terms.
- 18.2.The parties agree to use reasonable standards of care to keep such information confidential. Nothing contained herein shall affect the ability of the parties to make disclosures mandated by applicable laws.
Indemnification: The Subscriber will defend and indemnify Us from any third-party claims, costs, reasonable attorneys’ fees, damages, or other liabilities that arise out of Subscriber’s unauthorized use or disclosure of the Site, Services, Applications, or Content. For the purposes of this Section “We” or “Us” includes all and any directors, officers, employees, or agents.
- 20.1.Neither Us nor Our licensors or suppliers makes any representations or warranties concerning the Service or any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of any materials (including Content) contained in or accessed through the Service.
- 20.2.We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Us or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third-party for a specific product).
- 20.3.THE SERVICE AND CONTENT ARE PROVIDED BY US (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
- 21.1.TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) 10,000/- OR (II) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
- 22.1.You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Our prior written consent.
- 22.2.We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration.
- 23.1.These Terms are governed by and will be construed under the laws of India, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Us or against any director, officer or employee in their personal capacity) shall be finally settled in Gurgaon, in English, in accordance with the Arbitration and Conciliation Act then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected by Us.
- 23.2.Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
- 23.3.For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in Gurgaon. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
Safe Harbor Statement.
- 24.1.Any statements made by Us, oral or written, about new Service features or functionality are intended to outline Our general product direction for information purposes only and are not a commitment to deliver any material, applications, or functionality, and should not be relied upon. The development, release, and timing of any features or functionality remains at Our sole discretion.
Waiver - No forbearance, inaction or delay by Us in exercising any right under these Terms shall be construed as a waiver or acquiescence of that right.
Severability - If any provision of these Terms is found invalid or unenforceable to any extent, the remaining terms of these Terms shall not be affected thereby and remain in full force and effect to the maximum extent permitted by law.
Modifications - These Terms may be revised from time to time by Us in order to improve the Platform or in conformity with regulatory requirements. By continuing to use Our Platform after we have revised these Terms, you agree to be bound by the revised Terms.
Availability - We shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to any reason beyond Our control.
Force Majeure - Neither parties will be liable for any inadequate performance of their obligations under these Terms, for reasons beyond their control (i.e., War, Government legislations, accidents, floods, etc.