Terms of Service

1. Definitions

• Free (Pay as You Go) Plan: Includes limited access and the option for a one-time $100 list purchase.
• Starter Plan: Subscription plan billed monthly, providing access to Data.
• Pro Plan: Subscription plan billed monthly, providing expanded access to Data.
• Enterprise Plan: Custom subscription plan with terms and pricing agreed separately in writing.
• Additional Credits: Additional one-time purchases of Data access available under the Starter, Pro, and Enterprise Plans.

2. License & Restrictions

2.1 License Grant

Upon purchase or subscription, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Data solely for your internal business purposes.

2.2 Restrictions on Use

You agree that you shall not:

• Resell, sublicense, rent, lease, distribute, or otherwise transfer the Data to any third party.
• Share, disclose, or otherwise make the Data available to unauthorized individuals or entities.
• Use the Data for consumer purposes or in violation of any applicable laws or regulations.
• Use the Data for sending unsolicited communications (spam) or in a manner that violates CAN-SPAM, TCPA, or CCPA.

2.3 Additional Restrictions

You acknowledge and agree that the Data may include business telephone numbers and professional or business-purpose mobile telephone numbers. Emarketnow does not provide, obtain, or represent that it has obtained any consent required to call or text any number contained in the Data. You are solely responsible for determining whether and how you may lawfully contact any person using the Data.

Any unauthorized use of the Data is a violation of these Terms.

3. Compliance with Laws

You are solely responsible for ensuring that your access to and use of the Data, including any calls, texts, emails, or other communications you initiate, complies with all applicable federal, state, and local laws, regulations, and industry standards. These include, without limitation, the:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule and National Do Not Call Registry requirements
• State telemarketing and mini-TCPA laws and state Do Not Call requirements
• CAN-SPAM Act and any applicable email marketing laws
• Applicable U.S. state consumer privacy laws governing the sale, sharing, or use of personal information
• Applicable carrier and industry rules for SMS and MMS, including A2P 10DLC registration requirements and CTIA guidelines

Without limiting the foregoing, you agree that you will:

• Scrub and honor all applicable federal and state Do Not Call lists and internal do-not-contact requests before initiating calls where required by law
• Obtain any consents, opt-ins, or other authorizations required to place calls, send texts, or use automated dialing or prerecorded/artificial voice technologies
• Clearly identify yourself and provide legally required disclosures in all communications
• Not use the Data for any unlawful, harassing, misleading, or abusive conduct
• Not use the Data in any manner that would cause Emarketnow to be treated as a consumer reporting agency or the Data as a consumer report under the Fair Credit Reporting Act or similar laws

Emarketnow will not be liable for, and you agree to indemnify, defend, and hold Emarketnow harmless from, any claims, damages, fines, penalties, or costs arising out of your non-compliant use of the Data.

4. Responsible Use of Emarketnow Data

Emarketnow provides Data so that customers can reach relevant decision-makers in a compliant and respectful way. By accessing or using the Data, you agree to:

4.1 Permitted Purpose

Use the Data only for legitimate business-to-business sales, marketing, or recruiting outreach.

4.2 Prohibited Uses

Not use the Data for any unlawful activity, harassment, discrimination, stalking, or deception. Not use the Data for consumer credit eligibility, employment screening, tenant screening, insurance eligibility, or any other purpose regulated by the Fair Credit Reporting Act or similar laws.

4.3 Respect for Opt-Outs and Do-Not-Contact

Honor all unsubscribe, opt-out, and do-not-contact requests, including any suppression instructions provided by Emarketnow.

4.4 Do Not Call and Consent

Scrub numbers against applicable federal and state Do Not Call lists where required. Obtain any consents required by law before placing calls, sending texts, or using automated dialing or prerecorded/artificial voice technologies.

4.5 SMS and Carrier Rules

Follow carrier and industry rules for A2P messaging, including required 10DLC brand and campaign registration and CTIA guidelines.

4.6 Identification and Disclosures

Clearly identify yourself and provide all legally required disclosures in each communication.

4.7 No Circumvention

Do not attempt to re-introduce to your systems or to Emarketnow any personal information that Emarketnow has deleted or suppressed in order to comply with law or a verified request.

4.8 Enforcement

Emarketnow may suspend or terminate access to the Services and Data if it believes you have breached this Section. Such action does not limit any other remedy available at law or in equity.

5. Payment & Refund Policy

5.1 Payment

• All subscription plans (Starter, Pro, Enterprise) are billed monthly unless otherwise agreed.
• Additional Credits may be purchased on a one-time basis.
• Under the Free (Pay as You Go) plan, a one-time $100 list purchase option is available.
• All payments are processed securely through Stripe. By providing your payment information, you authorize us and Stripe to charge your selected payment method accordingly. We do not store full payment details on our systems.
• Use of Stripe’s services is subject to Stripe’s Terms of Service and Privacy Policy.

5.2 Refunds / Quality Guarantee

We offer a limited quality guarantee on our Data. If you are dissatisfied with the quality of the Data, you may request a refund within the applicable guarantee period for your plan:

• Free (Pay as You Go): 7-day quality guarantee.
• Starter and Pro Plans: 14-day quality guarantee.
• Enterprise Plans: Custom guarantee terms as agreed in writing.

To request a refund, you must provide reasonable documentation supporting your claim. All refund requests are subject to our review, and refunds are issued solely at our discretion. Except as set forth above, all sales are final.

6. Data Disclaimer & Limitation of Liability

6.1 Data Accuracy & Availability

The Data is provided "as is" and "as available," without warranties or guarantees regarding accuracy, completeness, deliverability, or suitability for any specific purpose.

6.2 Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Data. Our total liability for any claims shall not exceed the amount you paid for the Data in the applicable billing period.

7. Indemnification

You agree to defend, indemnify, and hold harmless Netservia LLC (d/b/a Emarketnow), its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, or expenses arising from:

• Your use or misuse of the Data,
• Your violation of these Terms,
• Your failure to comply with applicable laws.

8. Data Subject Requests and Suppression

We may receive requests from individuals to access, delete, or opt out of the sale or sharing of their personal information, including Business Contact Data that forms part of the Data. You acknowledge and agree that:

• Emarketnow may remove or suppress such individuals' information from the Data at any time in order to comply with applicable law
• Upon notice from Emarketnow, you will promptly update your use of the Data to honor any applicable suppression or opt-out instructions we provide and will not use Emarketnow Data to contact individuals where doing so would conflict with such instructions

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Somerset County, New Jersey. You consent to the jurisdiction of these courts.

10. Changes to These Terms

We may update or modify these Terms at any time without prior notice. The latest version will always be posted on this page. Your continued use of the Data constitutes acceptance of any changes.

11. Account Suspension & Termination

We reserve the right to suspend or terminate your access to the Data at any time, without prior notice, if you:

• Violate these Terms,
• Fail to make timely payments, or
• Engage in misuse of the Data or otherwise act in a manner that may harm the Company, our services, or other users.

Upon termination, your right to use the Data will immediately cease, and no refunds will be issued except as expressly provided in Section 4.2.

12. Automatic Renewal & Cancellation

All subscription plans (Starter, Pro, Enterprise) automatically renew on a monthly basis unless canceled. You may cancel your subscription at any time through your account dashboard or by contacting our support team. Cancellation will take effect at the end of the current billing cycle, and you will retain access to your plan until that date.

13. Privacy Policy

Your use of the Website and our services is also subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using our services, you agree to the terms of our Privacy Policy.