Terms and Conditions

Last updated: May 06, 2024

The following terms and conditions govern all use of the NioLeads services offered on the NioLeads domain NioLeads.com (the “Website”). hereafter “NioLeads”, “us”, “we”, or “our”) subject to the Customer’s acceptance, without modification, of all of the terms and conditions contained herein (the “Terms and Conditions”).

These terms of use define the general conditions that apply to your use of NioLeads (https://nioleads.com/) and any related services.

Acceptance

By visiting accessing or using the our Services, you signify that you have read, understand and agree to be bound by our “Terms of service or Agreement”.

Ownership

You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of NioMaker.com . They are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.

NioLeads is provided on an as-is basis without any guarantees or warranties of any kind. On its part, NioLeads will endeavour to provide a high level of service quality, including ensuring that any downtime is kept to a minimum, data is regularly backed up, and responding promptly to user communications.

NioLeads reserves the right to limit or cancel user accounts within its sole discretion that are deemed to engage in behaviour contrary to the benefit of the NioLeads community as a whole or that consume an unreasonable amount of website resources.

You have the right to cancel your account and terminate any subscriptions that you may have with NioLeads anytime.

The data you post on NioLeads remains your property and you can delete it permanently at any time. All other website content, including text, images and code are the property of NioLeads and protected by local and international copyright laws.

Use of the Services

The Customer undertakes to use the Services for its own professional needs and in accordance with their purpose, to the exclusion of any others. In this regard, the Customer will refrain in particular from:

• Attempting to circumvent, access or modify the security, authentication and confidentiality procedures governing access to the Services or to the Data;
• Exceeding the usage limitations of a Customer or Account;
• Attempting to test the vulnerabilities of the Website;
• Modifying or attempting to modify the Services;
• Introducing viruses, malware, denial-of-service attacks or any other action, which might result in degrading, slowing down, damaging or incurring any, risk whatsoever for the Services;
• Using any technology to copy or use the Services or the Data for any other purpose than that authorised by NioLeads;
• Attempting to access or modify the Data of other Customers or Users.

Price

The prices of the services sold are those in force on the day the order is taken. They are denominated in US dollars and calculated net of tax. Consequently, they will be increased by the VAT rate applicable on the day of the order.

NioLeads grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Payment and invoices

The payment of the orders is carried out by credit card or any other means accepted by our payment processor. When the order is registered, the buyer must pay the total amount of the invoice.

Invoices are available in the billing portal of the Customer’s Account.

Refunds

NioLeads does not provide any refunds to Customers who are not satisfied with numbers of emails found or, more generally, with the Data provided as part of the Service. As soon as the Data is made available for download on the Customer’s Account, the Customer gets value from the tool, which we can’t take back from the Customer. Hence, the Customer won’t be refunded for the Data already provided.

Support

The Services include access to chat support and email support. “Chat support” means the ability to make requests for technical support assistance through the chat available on the NioLeads Website at any time (with reasonable efforts by NioLeads to respond as soon as possible depending on NioLeads staff’s availabilities) concerning the use of the Services. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by NioLeads to respond within three business days) concerning the use of the Services.

Use of Customer’s logo.

By creating an account, the Customer grants NioLeads a perpetual worldwide license to use the Customer’s company’s name and logo(s) for the sole purpose of NioLeads’s marketing and sales efforts, such as listing the Customer as an NioLeads Customer on the Website. The Customer may revoke this license at any time by notifying NioLeads via email. NioLeads shall provide receipt confirmation of such notification and a response providing details on the follow-up to the request for revocation within 30 days following the notification. The Customer guarantees that it has the full right to grant the license subject to this clause to NioLeads.

Copyright Infringement.

As NioLeads asks others to respect its Intellectual Property Rights, it respects the Intellectual Property Rights of others. If the Customer believes that a material located on or linked to by NioLeads violates the Customer’s copyright, the Customer is encouraged to notify NioLeads. NioLeads will respond to all such notices, within 30 working days, by removing the proven infringing material or disabling all links to the proven infringing material. NioLeads will terminate a Customer’s access to and use of the Services if, under appropriate circumstances, the Customer is determined to have infringed copyrights or other Intellectual Property Rights of NioLeads or third parties.

Intellectual Property.

NioLeads does not transfer to the Customer any NioLeads or third-party Intellectual Property Rights, and all right, title and interest in and to such property will remain (as between the parties) solely with NioLeads.

NioLeads, the NioLeads logo, and all other trademarks, service marks, graphics and logos used in connection with NioLeads, or the Services are trademarks or registered trademarks of NioLeads or NioLeads licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties.

The use of the Services grants the Customer no right or license to reproduce or otherwise use any NioLeads or third-party trademarks.

NioLeads remains the sole owner of the Services and all Intellectual Property Rights attaching thereto.

The Customer has no prerogative beyond the use of the Services in compliance with the Terms and Conditions. The Customer undertakes to not to make any modification to the Services placed at its disposal. Any breach of this obligation would immediately entail termination of the Terms and Conditions. Any reproduction, even partial, of the Website and is subject to the prior written authorisation of NioLeads.

The Customer expressly authorises NioLeads to make use of the data input into the Services - to the exclusion of personal data - in order to aggregate it with comparable data from other customers, for the purposes of enabling NioLeads to offer Services to its Customers.

The Customer also authorises NioLeads to use the Data, in particular by copying, converting, creating meta-data and, in general, to undertake any action on the Data which, in the opinion of NioLeads, may be useful or in the Customer’s or the User’s interest within the context of their use of the Services.

Use License

Under this license, the Customer may not:

• Build a similar or competitive service.
• In any way, violate any applicable federal, state, local, or international law or regulation (including, without limitation, any applicable laws regarding the export of data or software to and from the EU or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms and Conditions.
• Impersonate or attempt to impersonate NioLeads, an NioLeads employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NioLeads or users of the website or expose them to liability.

Additionally, the Customer agrees not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without NioLeads prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Attempt to decompile or reverse engineer any software contained on the Website.
• Otherwise attempt to interfere with the proper working of the Website.
• The Customer’s license to use the Services shall automatically terminate if the Customer violates any of these prohibitions or restrictions and may be terminated by NioLeads at any time, in its sole discretion.

Modification of the Service

You acknowledge and agree that the Service may change from time to time without prior notice to You. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions. NIOLEADS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Disclaimer of Warranties IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NIOLEADS MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. NIOLEADS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL NIOLEADS, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.

Limitations on Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Force majeure

NioLeads’s responsability shall not be held liable if the non-execution or delay in execution of one of its obligations described in these general terms and conditions of sale results from a case of force majeure.