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.

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

3. Compliance with Laws

You are responsible for ensuring that your use of the Data complies with all applicable federal, state, and local laws and regulations, including but not limited to:

• CAN-SPAM Act
• TCPA (Telephone Consumer Protection Act)
• CCPA (California Consumer Privacy Act)

We do not assume liability for your misuse of the Data.

4. Payment & Refund Policy

4.1 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.

4.2 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.

5. Data Disclaimer & Limitation of Liability

5.1 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.

5.2 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.