Explorium Website Terms of Use

Updated January 2024

These Explorium Website Terms of Use together with the Web Site Privacy Policy, available at , https://www.explorium.ai/privacy-policy/, the Platform Privacy Policy available at https://www.explorium.ai/platform-privacy-policy/,  and any other product specific agreement (collectively, the “Agreement“) which are entered into between Explorium Ltd. and any of its affiliates (“Explorium”) and the entity using any of Explorium’s content and services (“You” or “Customer”) govern  the terms under which you may  access and use the data, content and services provide to you through the Explorium website (“Content” and “Services” as applicable). 

If you are accepting this Agreement on behalf of your employer or another entity, you represent and warrant that you have the legal authority to bind you employer or the applicable entity to this Agreement. You or your employer may have entered into a written agreement with Explorium which governs the use of the Services. In such case, such agreement takes precedence over this Agreement. 

You may not access or use the Content and Services or accept this Agreement if you under 18 years old. 

By clicking your acceptance to the Agreement, or by using the Services you acknowledge that you have read and agree to be bound by the terms and conditions of the Agreement. If you do not agree with all the provisions of this Agreement, do not access or use the Services.

YOU MAY NOT USE OR ACCESS THE SERVICES IF YOU ARE A DIRECT COMPETITOR OF EXPLORIUM UNLESS EXPLICITLY AGREED BY EXPLORIUM IN WRITING. FURTHERMORE, YOU MAY NOT USE OR ACCESS THE SERVICES FOR BENCHMARKING OR ANY OTHER COMPETITIVE PURPOSE.

  1. THE SERVICE. Explorium provides an artificial intelligence driven external data platform (“Platform”) which enables our customers to achieve quality business outcomes, including prospecting leads, customer understanding, market analysis and predictive modelling. 

All Content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. 

  1. PAID SERVICES. In addition to any Content and Services available for no charge through the Explorium Web Site, you may be offered the opportunity to purchase, subscribe to, or otherwise obtain access to Content, Services, or other products or services through the Web Site for an additional fee. Any purchase or subscription will be subject to the terms and conditions displayed in connection with the purchase or subscription in addition to the terms of this Agreement. If there are any discrepancies between the specific agreement of any such paid service or this Agreement the specific agreement shall prevail.  
  2. CHANGES TO THE SERVICE. The Content and  Services or any part may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by Explorium in its sole discretion (“Updates“). You agree to bear the risks of and hold Explorium harmless for any and all effects that the Updates may have on you and your ability to use the Explorium Services, in whole or in part.
  1. REGISTRATION. You may need to set up an account in order to use some of the Services. When you are setting up your account, you must give us accurate and complete information. You are responsible for maintaining the security of, your account, passwords, and for all uses of your account with or without your knowledge or consent. You agree to notify Explorium immediately upon learning of any unauthorized use of your account or any other breach of security of your account.
  1. PRIVACY POLICY. The Explorium Privacy Policy explains the practices that apply to your information when you use the Service. Your ongoing use of the Service signifies your consent to the Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy available at https://www.explorium.ai/privacy-policy/ link located on the home page of the Service.
  1. LICENSE GRANTED. Subject to your compliance with the terms and conditions of this Agreement, Explorium grants You during the Term, a limited, revocable, non-exclusive, non-transferable license to: a)  access the Content and Services available through the Explorium Web Site; (b) use the Content and Service subject to the terms of this Agreement, solely for your internal business purposes. You may not use the Service in a manner that exceeds the rights granted for your use of the service and its Content.   This license does not transfer to You any ownership rights to the Content and Services, or other Intellectual Property Rights embodied or used in connection with the Content and Services Platform, API or Platform Data.  All right, title, and interest in and to the Content and Services any data obtained from such Services (“Platform Data”), and the Intellectual Property Rights associated therewith, are and will remain with Explorium and its licensors. No rights or subscription licenses are granted except as expressly set forth herein.  Your license terminates immediately upon cancellation or termination of your account or if we believe you are in violation of this Agreement. “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights, including copyrights and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models. 
  1. RESTRICTIONS ON USE.You may not:
    1. resell, sublicense, distribute, transfer, share,  reproduce, duplicate, copy, or otherwise exploit the Content and Services, Platform Data and any predictive models or derived insights or data analysis obtained by use of the Platform, other than your internal business purposes.  
    2. translate, disassemble, decompile or reverse-engineer in whole or in part the Content and Services, Platform, API or Platform Data or seek to reconstruct or discover source code, object code, HTML, Javascript, other code, know-how or algorithms associated with the API and Platform Data. 
    3. use the Content and Services, Platform Data in any way that is unlawful, illegal, discriminatory, abusive, fraudulent or harmful, and in non-compliance with any applicable laws, including without limitation any applicable privacy regulation nor shall it assist or allow others to do so. 
    4. Remove or modify any copyright, trademark, legal notices, or other proprietary notices from the Content, Services, Pltaform or Platform Data or any other content available on the Site;
    5. remove, disable, or otherwise create or implement any workaround to, any security features of the Content and Services,  Platform or API.
    6. use the Content and Services,  the Platform or the API in any way that causes, or may cause, damage to the Content and Services, Platform or impairment of the availability or accessibility of the Platform or to any third party. 
    7. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Content and Services.  
    8. develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Explorium web site, Content and Services.
    9. and will not allow anyone else to use the Content and Services, the Platform, API, or Platform Data for decisions about any individual’s suitability for: (i) credit or loans; (ii) insurance; (iii) employment; (iv) a license or other benefit granted by a governmental authority, where such decision involves considering one’s financial responsibility or status; (v) housing; or (vi) any eligibility or other determinations that would cause the Platform or Platform Data to be deemed a consumer report for purposes of the Fair Credit Reporting Act. 
    10. use or allow any third party to use the  Content and Services, the  Platform, API, or Platform Data will not be used to send unsolicited emails, false advertising, place unsolicited calls or any other action by or on behalf of Customer that may be considered spam or otherwise in violation of CAN-SPAM or related regulations.  For clarity, this does not prohibit You from engaging in communications that are otherwise permissible.
  2. YOUR RESPONSIBILITIES
    1. You may use the Content and Service for lawful purposes only. 
    2. You are responsible for all activities under your account, including all legal liability incurred from the use of your Explorium account by you or others.
    3. You hereby represent and warrant that any and all data you upload to the Service (“Customer Data”) or otherwise provide to Explorium, is obtained by you in compliance with applicable law, and you have the legal right to disclose all Customer Data to Explorium, and have obtained all approvals required for such disclosure to Explorium from the applicable information owners in such manner that would allow Explorium to enrich the Customer Data pursuant to the terms of this Agreement, including through the use of Explorium’s partners’ and affiliates’ data sources and you have obtained all approvals required for such disclosures from the applicable information owners. You will include a privacy policy on your website or applications and will disclose to your end-users the disclosure of such information to Explorium.
    4. You hereby agree that Customer Data will not, at any time, include: (i) any patient, medical, or other “protected health information” as defined by and subject to HIPAA or any similar federal, state or local laws and regulations; (ii) any information  provided on a government issued ID, including but not limited to passport or driver’s license, social security number, or other identification number; (iii) Unique electronic identifiers or electronic signatures; or (iv)  any bank account or payment card data. 
  3. PROPRIETARY RIGHTS. We, our suppliers, or anyone else we authorize to post Content on the Service own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights and also may have security components that protect digital information. 

Explorium reserves and retains all right, title and interest in and to: (a) the Content and Services, including  the Platform, API, Platform Data, and Exact Insights application,  (b) all documentation, improvements, enhancements or modifications thereto, (c) any software, applications, inventions or other technology developed in connection with the Services or support, provided to You and (d) all Intellectual Property rights related to any of the foregoing. You will not take any action inconsistent with the Intellectual Property Rights of Explorium.

Providing feedback the Content and Services or Platform, is not required, but if you choose to do so,   such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Platform without compensation to you. 

Trademarks, service marks, and logos used on the Platform are the trademarks, service marks, or logos of their respective owners. Explorium utilizes third party trademarks for demonstration purposes only, or as otherwise specifically authorized by the trademark owner. No right, license, or interest to the Explorium Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Explorium Trademarks and/or the Third Party Marks and therefore you will avoid using any of those marks, except as permitted under these Terms.

We may, in appropriate circumstances and at our sole discretion, remove or disable access to any Content or Service that we believe (or are notified) may infringe on the rights of others.

  1. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please follow the instructions located at https://www.explorium.ai/copyright on how to contact us to report possible copyright infringement
  2. LINKS TO THIRD PARTY SIGHTS. 
    1. Certain links provided through the Content and Services permit you to leave the Content and Services and enter non- Explorium World Wide Web sites or resources. Those linked sites are provided solely as a convenience to you. These linked sites are not under the control of Explorium and it is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. Explorium reserves the right to terminate any link at any time. You further acknowledge and agree that Explorium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource. We encourage you to carefully read the privacy policies and the terms of use of such websites before using those sites.
    2. Certain parts of the Service may allow you to integrate with other third-party accounts of yours, such as data from your productivity tools (e.g. CRMs, e-mail, sales engagement tools, etc.). If you choose to use these parts of the Service, you grant Explorium all licenses and rights necessary for Explorium to provide the Service to you, including a license for Explorium to read and write to your third-party account, to extract data from and upload data to your third-party account, and to share data extracted from your third-party account with others in order to provide the Services to you.   
  1. AVAILABILITY. The Service’s and Site’s availability and functionality depend on various factors, such as communication networks. Explorium does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
  2. WARRANTY AND DISCLAIMER.  EXPLORIUM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE CONTENT AND SERVICES INCLUDING THE PLATFORM AND PLATFORM DATA, EXACT INSGIHTS FEATURE ARE PROVIDED “AS IS” AND EXPLORIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, PROFITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM DATA ACCURACY, COURSE OF DEALING OR COURSE OF PERFORMANCE AND NON-INFRINGEMENT. 
  3. LIMITATION OF LIABILITY.  WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR THE SERVICE IS TO CANCEL YOUR USE OF THE SERVICE, AND  EXPLORIUM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL CONTENT AND SERVICES PROVIDED UNDER THESE THIS AGREEMENT OR THROUGH THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, EXPLORIUM’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  4. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless us and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Content and Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
  5. TERMINATION. You may cease using the Content and Services at any time. Your right to use the Service automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Service. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice. 
  6. RIGHTS AND REMEDIES. You acknowledge that the Explorium Services contain Explorium proprietary and confidential information, and that disclosure of such information or misuse of the Explorium Services will give rise to irreparable injury to Explorium, inadequately compensable in damages. Accordingly, Explorium may seek and obtain injunctive relief against such disclosure or misuse or threatened such disclosure or misuse, in addition to any other legal remedies that may be available. 
  7. PUBLICITY. Neither party will make any use of the other party’s logos and trademarks in any manner, including any manner that dilutes, tarnishes or undermines the value of the other party’s marks or shall make any press release or public statement. Notwithstanding the foregoing, Explorium may mention Customer as a customer of Explorium and use its name and logo on a dedicated area on Explorium’s website and in marketing materials
  1.   MISCELLANEOUS
    1. Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
    2. Assignment. This Agreement is not assignable, transferable or sublicensable by you except with Explorium’s prior written consent.  Explorium may transfer and assign any of its rights and obligations under this Agreement without your consent.  Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.
    3. Non-Waiver. Failure by Explorium to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right.
    4. Construction. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 
    5. Survival. The provisions of this Agreement addressing restrictions on use, disclaimers of representations and warranties, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of this Agreement, your use of the Explorium Services, and your use of or access to Premium Services. 
    6. Headings. The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this agreement.
    7. Force Majeure.  Neither Party will be liable for, or be considered in breach of or default under the Agreement on account of, any delay or failure to perform as required by the Agreement as a result of strike, fire, explosion, flood, storm, material shortages, riot, insurrection, governmental acts, labor conditions, acts of God, war, earthquake or any other cause which is beyond the reasonable control of such Party; provided that the non-performing Party gives reasonably prompt notice under the circumstances of such condition(s) to the other Party. 
    8. Governing Law. This Agreement, and any claims, whether in contract, tort or otherwise, arising from this Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law.  The parties agree that the state and federal courts sitting in New York City, New York, USA, shall have proper and exclusive jurisdiction and venue for any proceedings arising from this Agreement.
    9. Electronic Delivery Policy and Your Consent. You acknowledge that you are agreeing to these terms online and electronically. You authorize us to provide you with required notices, agreements and information concerning the Service electronically. Explorium may send you (i) notices about your use of the Explorium Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information to an e-mail address provided by you on or through any of the Explorium Services. 

We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the Service or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Service. You acknowledge that the various notes, notices and warnings available on the Explorium Services, are provided as a convenience only. The inclusion of such does not constitute an obligation on Explorium to provide such notes, notices and warnings in other places or features of the Explorium Services. 

  1. Updates. Explorium reserves the right to change this license Agreement at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this License Agreement on the homepage of our website and/or we will send you an e-mail regarding such changes to the e-mail address that you provided us with, if applicable. Such substantial changes will take effect seven (7) days after such notice was provided on our Site or sent by email (if applicable). Otherwise, all other changes to this License Agreement are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes
  2. If you have any questions or comments concerning this License Agreement, please contact us at [email protected] or Explorium Inc., 400 Concar Drive, San Mateo, CA 94402.