Platform Terms and Conditions

1. Introduction

Welcome to Data Surfer. These Platform Terms and Conditions ("Terms") govern your access to and use of the Data Surfer platform, including any associated websites, applications, and services (collectively, the "Platform") provided by Data Surfer ("Data Surfer", "we", "us", or "our"), a company registered in Singapore.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform. If you are accessing and using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such case, "you" and "your" will refer to that entity.

2. Definitions

In these Terms, the following definitions apply:

• "Account" means the account created by you to access and use the Platform.
• "Content" means any information, data, text, graphics, or other materials uploaded, downloaded, or appearing on the Platform.
• "Lead" means a business prospect whose information you upload to the Platform for analysis.
• "Subscription" means your paid access to the Platform according to the selected plan.
• "User" means any individual who accesses or uses the Platform under your Account.
• "User Data" means all data and information provided by you or your Users to us through the Platform.

3. Account and Registration

To use the Platform, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4. Platform Description

Data Surfer is an AI-powered lead intelligence platform that helps businesses research and analyze potential leads by crawling and extracting publicly available information from their websites. The Platform enables you to:

• Find new leads using AI-powered search based on your criteria
• Upload and manage lists of business leads
• Analyze websites to extract business-relevant information
• Generate insights about leads to improve targeting and personalization
• Export enriched lead data for use in your sales and marketing processes

We process up to 28,800 leads per day (100 leads every 5 minutes) depending on your subscription plan. The Platform collects only publicly available business information from company websites, business directories, and search engines. We do not access or process private information or data behind login screens.

Our AI lead finder feature uses search engine APIs to discover potential leads based on your search criteria, such as industry, location, or specific business attributes. The lead finder processes these searches asynchronously and provides you with a list of potential leads that match your criteria.

5. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Platform in any way that violates any applicable law or regulation
• Use the Platform to process personal data in violation of applicable data protection laws
• Upload leads or websites that contain illegal, harmful, or objectionable content
• Use the lead finder feature to target individuals rather than businesses
• Use the Platform for mass scraping of websites beyond the intended lead research functionality
• Attempt to gain unauthorized access to the Platform, other accounts, or computer systems
• Interfere with or disrupt the Platform or servers or networks connected to the Platform
• Use the Platform to send unsolicited communications (spam) or conduct illegal marketing activities
• Impersonate or attempt to impersonate Data Surfer, an employee, another user, or any other person
• Engage in any other conduct that restricts or inhibits anyone's use of the Platform

We reserve the right, in our sole discretion, to terminate your access to all or part of the Platform, with or without notice, for any conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

6. Data Processing and Privacy

7. User Data and License

Ownership: As between you and Data Surfer, you own all right, title, and interest in and to your User Data. You grant Data Surfer a non-exclusive, worldwide, royalty-free license to use, copy, transmit, store, and back-up your User Data for the purposes of providing the Platform and any support services to you.

Derived Data: We may aggregate and anonymize User Data to create statistical and performance information related to the provision and operation of the Platform ("Derived Data"). We own all right, title, and interest in and to the Derived Data. Derived Data will not identify you or any individual lead in any way.

Feedback: If you provide us with any feedback, suggestions, or recommendations regarding the Platform ("Feedback"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Platform without attribution or compensation to you.

8. Subscription and Payment

Subscription Plans: Access to the Platform requires a paid subscription. We offer various subscription plans with different features and limits. The details of each plan, including pricing and included features, are available on our pricing page.

Free Trial: We may offer a free trial of the Platform. At the end of the free trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

Payment: You agree to pay all fees associated with your subscription plan. All payments are non-refundable except as expressly provided in these Terms. You authorize us to charge your payment method for all fees due.

Taxes: All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Platform.

Changes to Fees: We may change our fees at any time. Any fee changes will take effect at the start of the next subscription period. We will provide you with reasonable notice of any fee changes.

Cancellation: You may cancel your subscription at any time through your account settings. If you cancel, your subscription will remain active until the end of the current billing period, but it will not renew. We do not provide refunds for partial subscription periods.

9. Intellectual Property

Data Surfer IP: The Platform and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Data Surfer, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

License to Use Platform: Subject to these Terms, Data Surfer grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes.

Restrictions: You shall not:

• Copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Platform
• Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Platform
• Sell, rent, lease, sublicense, or otherwise transfer rights to the Platform
• Remove or modify any proprietary notices, labels, or marks on the Platform
• Create an automated system that accesses the Platform in a manner that sends more requests than a human can reasonably produce

10. Third-Party Services

The Platform may integrate with or enable access to third-party services, websites, or resources ("Third-Party Services"). Such Third-Party Services may have their own terms of service and privacy policies, and your use of them will be governed by and subject to such terms and policies. We are not responsible for the content, security, or practices of any Third-Party Services, and we make no warranties or representations regarding them.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE PLATFORM.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Data Surfer, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL Data Surfer'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNT PAID BY YOU TO Data Surfer FOR THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Data Surfer, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Platform, including, but not limited to, your User Data, any use of the Platform's content, services, and products other than as expressly authorized in these Terms.

14. Term and Termination

Term: These Terms will remain in effect until terminated by you or Data Surfer.

Termination by You: You may terminate these Terms by cancelling your Account and ceasing all use of the Platform.

Termination by Data Surfer: We may terminate these Terms and your access to all or part of the Platform, effective immediately, if:

• You breach any provision of these Terms
• We are required to do so by law
• We decide to discontinue the Platform
• Your subscription payment is overdue or fails

Effect of Termination: Upon termination of these Terms:

• Your license to use the Platform will terminate
• Your Account will be disabled
• All User Data associated with your Account will be deleted after a 90-day grace period
• All payment obligations accrued before termination will survive termination

Survival: The provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Modifications to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by updating the "Last Updated" date at the top of these Terms. Your continued use of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.

If we make material changes to these Terms, we will notify you by email or through a notice on the Platform before the changes take effect. If you do not agree to the new terms, you may terminate your account.

16. General Provisions

Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution: Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the courts of Singapore, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Waiver and Severability: No waiver by Data Surfer of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Data Surfer to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement: These Terms, together with any other agreements expressly incorporated by reference herein, constitute the sole and entire agreement between you and Data Surfer regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Data Surfer's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Data Surfer may freely assign or transfer these Terms without restriction.

Notices: All notices and other communications given or made pursuant to these Terms will be in writing and will be deemed effectively given upon (a) personal delivery to the party to be notified, (b) electronic mail to the party's email address specified in the Account, or (c) posting on the Platform with notification to the party's email address.

Force Majeure: Data Surfer will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Data Surfer's reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, pandemic, lockouts, strikes or other labor disputes, restraints on or failures of public or private utilities or communications services, or general internet disruptions.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Data Surfer
Email: legal@data-surfer.com
Address: 160 Robinson Rd, #14-04 SBF Center, Singapore 068914