Terms of Use

Last updated date: 27 April 2023

1. Acceptance of Terms

By accessing and using the ConnectFlux.ai website ("Website") and the services provided by ConnectFlux, a brand owned by Mind Ahead LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"), including all policies and guidelines referenced herein. If you do not agree to these Terms, you must not access or use the Website or our services.

We reserve the right to update, change, or replace any part of these Terms at any time, in our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or our services following the posting of any changes constitutes acceptance of those changes.

2. Eligibility and Account Registration

To access and use our services, you must be at least 18 years old and able to form legally binding contracts under applicable law. By using our services, you represent and warrant that you meet these requirements.

To use certain features of our services, you may be required to register for an account ("Account") and provide certain personal information, such as your name, email address, and other contact details. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter is found to be inaccurate, not current, or incomplete.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security.

3. Subscription Plans and Credits

We offer various subscription plans, including free and paid plans, which provide access to our database of prospect information and enable businesses to perform outreach. Each subscription plan is subject to specific terms and conditions, including the number of credits allotted for accessing emails and other features. Credits are used to access prospect information and are renewed on a billing cycle basis, as specified in your subscription plan.

By subscribing to a plan, you agree to pay the applicable fees, including any one-time fees and recurring subscription fees, as set forth in the plan's terms and conditions. We reserve the right to modify our subscription plans and pricing at any time, subject to providing you with reasonable notice in case of any material changes affecting your existing subscription plan.

4. Payment Terms

All payments for subscription plans must be made in advance and are non-refundable, except as expressly provided in these Terms or as required by applicable law. You authorize us to charge your chosen payment method for the applicable fees and any applicable taxes. If your payment method fails, we may suspend or terminate your access to our services.

We reserve the right to change our payment terms at any time, in our sole discretion. If we make any material changes to our payment terms, we will provide you with reasonable notice, and your continued use of our services after the effective date of such changes will constitute your acceptance of the new payment terms.

You are responsible for any applicable taxes, including sales, use, or value-added taxes, and you agree to indemnify and hold us harmless from any claims, liabilities, or expenses (including reasonable attorneys' fees) arising out of or relating to your failure to pay any such taxes.

5. Use of Services and Restrictions

You agree to use our services only for lawful purposes and in accordance with these Terms and any other applicable policies and guidelines. You are solely responsible for your use of our services and any content that you create, transmit, or display while using our services.

You agree not to use our services to:

• a. Violate any applicable laws, regulations, or industry standards, including data protection and privacy laws;
• b. Access, store, or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• c. Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
• d. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• e. Access or use the services in a manner that could damage, disable, overburden, or impair any of our servers, networks, or systems, or interfere with any other party's use and enjoyment of the services;
• f. Attempt to gain unauthorized access to any accounts, systems, or networks connected to the services, or obtain any materials or information not intentionally made available through the services;
• g. Use any automated means, including bots, crawlers, or spiders, to access or monitor our services, or to collect or harvest any data, information, or content from the services;
• h. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of our services;
• i. Modify, adapt, translate, or create derivative works based on our services or any part thereof;
• j. Remove any copyright, trademark, or other proprietary rights notices contained in or on the services;
• k. Use the services for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any third party.

6. Intellectual Property Rights

All content and materials available on the Website and through our services, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws.

You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of our services or content without our express written consent. All rights not expressly granted to you in these Terms are reserved by the Company and its licensors.

You grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display any content that you create, transmit, or display while using our services, solely for the purpose of providing and improving our services. This license will terminate when you delete your Account or cease using our services.

7. Data Protection and Privacy

By using our services, you acknowledge that we may collect, store, and process certain personal data about you and the prospects you access through our services. Our collection and use of personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to comply with all applicable data protection and privacy laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), in connection with your use of our services and any personal data that you access or process through our services.

You further represent and warrant that you have obtained all necessary consents and authorizations required for the processing of personal data within our services and that your use of our services complies with all applicable data protection and privacy laws and regulations.

8. Termination and Suspension

We may, in our sole discretion, terminate or suspend your Account and access to our services, with or without notice, for any reason, including but not limited to:

• a. Breach of these Terms, including any policies or guidelines referenced herein;
• b. Non-payment of fees or other amounts due;
• c. Conduct that we believe is harmful to our business, reputation, or users;
• d. If we believe that your use of our services may violate any laws, regulations, or industry standards.

Upon termination or suspension of your Account, your right to use our services will immediately cease, and we may, in our sole discretion, delete any content or data associated with your Account. We will not be liable to you or any third party for any termination or suspension of your Account or any deletion of content or data.

If your Account is terminated for any reason, you must not create a new Account or otherwise attempt to access or use our services without our express written consent.

You may terminate your Account and cease using our services at any time by providing us with written notice of termination. Termination of your Account will not relieve you of any obligation to pay any fees or other amounts due and owing to us.

9. Disclaimer of Warranties

Our services and all content and materials available on the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that our services or the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that any defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or in connection with your use of our services or the Website, or any breach of these Terms, including any warranties or representations herein.

In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing or using our services during the twelve (12) months immediately preceding the date of the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree that any claim or cause of action arising out of or related to your use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our services and the Website; (b) any content or information that you create, transmit, or display while using our services; (c) your breach of these Terms, including any policies or guidelines referenced herein; and (d) your violation of any applicable laws, regulations, or rights of any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense, and hold harmless obligation will survive these Terms and your use of our services.

12. Third-Party Links and Resources

Our services or the Website may contain links to third-party websites or resources that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or resources.

We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or resources that you visit. Your access to and use of any such third-party websites or resources is solely at your own risk.

If you decide to access any of the third-party websites linked to our services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Governing Law and Jurisdiction

These Terms and any disputes or claims 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 the State in which the Company is registered, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and the Company for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State in which the Company is registered. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms and agree that any such action or proceeding shall be tried before a judge without a jury.

14. Dispute Resolution and Arbitration

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall be resolved by binding arbitration under the then-current rules of the American Arbitration Association ("AAA"), to be held in the State in which the Company is registered, or another location mutually agreed upon by the parties.

You and the Company agree that any arbitration shall be limited to the dispute between you and the Company individually. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent any unauthorized use or disclosure of confidential information.

You agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that, to the extent possible, achieves the intended purpose and economic effect of the original provision.

16. Waiver and Amendment

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We may amend these Terms at any time and from time to time, in our sole discretion. If we make any material changes to these Terms, we will provide you with reasonable notice, and your continued use of our services after the effective date of such changes will constitute your acceptance of the new Terms. If you do not agree to any changes to these Terms, you must cease using our services and delete your Account.

17. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Entire Agreement

These Terms, together with any policies and guidelines referenced herein, constitute the entire agreement between you and the Company with respect to your use of our services and the Website and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, with respect to the subject matter hereof.

19. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

20. Notices

All notices or other communications required or permitted by these Terms shall be in writing and shall be deemed given when delivered personally or by email, or three (3) days after being sent by certified or registered mail, postage prepaid, return receipt requested, to the parties at their respective addresses specified in their Account information or at such other address as a party may designate by notice to the other party.

21. Export Compliance

You agree to comply with all applicable export and import laws, regulations, restrictions, and controls of the United States and any other applicable jurisdiction when using our services. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to applicable export restrictions or embargoes. You further represent and warrant that you will not use our services for any purpose prohibited by applicable laws or regulations.

22. Modifications to Services

We reserve the right, in our sole discretion, to modify, suspend, or discontinue the services, features, or content offered on the Website at any time without prior notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services, features, or content.

23. User Feedback

We welcome and encourage your feedback, suggestions, or ideas regarding our services ("Feedback"). By submitting any Feedback, you acknowledge and agree that such Feedback will be considered non-confidential and non-proprietary, and that we will have the right to use, disclose, reproduce, and distribute such Feedback without compensation or attribution, for any purpose and in any manner, including but not limited to improving our services, developing new features, or creating marketing materials.

24. DMCA Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged copyright infringement that are reported to our designated copyright agent. If you believe that your copyrighted work has been used or displayed on our Website in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our designated copyright agent:

• a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
• b. A description of the copyrighted work that you claim has been infringed;
• c. A description of where the material that you claim is infringing is located on the Website;
• d. Your address, telephone number, and email address;
• e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated copyright agent for notice of alleged copyright infringement can be reached at the email address provided on the Website.

25. Promotions and Referral Programs

From time to time, we may offer promotions, contests, or referral programs. The specific terms and conditions applicable to such offers will be provided at the time of the promotion, contest, or referral program, and may include eligibility requirements, restrictions, and other conditions. By participating in any such promotions, contests, or referral programs, you agree to be bound by the applicable terms and conditions, as well as these Terms.

If you have any questions or concerns about these Terms, please contact us at [email protected]