Terms & Policies

Terms of Service and Conditions of Use

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Rocks & Gold, along with its incorporations provide the “Service,” which is defined as provision of advertising, marketing materials along with intent data analytics and data hosting that can be used for marketing and sales activities and/or sales, marketing automation through the access to website (www.rocks.gold), web application (https://app.rocks.gold) and any other internet source where this set of Terms appears and owned by Rocks & Gold. These Terms of Service are a legally binding agreement between You (“Client”) and us (“Service provider”) that applies to the Service and governs your use of the Service and your relationship with us. You accept and agree to these Terms of Service by either:

• Access the account in the Service;
• Clicking to accept these Terms of Service on a website, or
• Accepting these Terms of Service during the checkout process.

If you violate these Terms of Service, or if you do not agree to these Terms of Service, you shouldn’t access the Service and don’t have our permission to use it.

Possible Changes to the Service

We save the right to change features and functionality of the Service at any time without prior notice. It may concern any updates of the Service. The Terms of Service applies to any version of the Service. We take the right to suspend or stop the Service. In addition, we may add fees for new or existing aspects of the Service. Any client running on a paid version keeps the right to be on the same plan with the same features until the end of the current subscription period.

Service Access

You need to set up an account to access the Service. First, you will provide necessary user information, such as Your name, Your Position, Name of Your Company, your Email Address, and your target customer profile. Information provided must be accurate and you must be the owner of this information. We recommend to change your password on defined schedule to avoid any account breaks. You are the only person, who is responsible for the confidentiality of your account, such as your username and password. You agree and understand that you will be liable for any inappropriate activity occurring through your account (Section Restrictions of Service Usage).

Your License

Accessing a Service, we give you a license to use the Service and Output Data for your internal business and/or personal purposes only. You are not allowed to store, print or make a copy of Output Data we provide, which are not for your personal or internal business purposes. You are not allowed to resell, share, or create on-top works, which are subject to reselling from the Service and/or the Output Data. You are not allowed to develop any service, product, or dataset on top of the Output Data or the Service either in aggregated or non-aggregated form, in identified or de-identified form.

Data Sharing and Service Rights for Our Free Service

When you submit any data to our Service on a Free Plan, you understand and agree to the below points. Only Paid Services Agreement (or other agreement) reject the below terms:‍

a. You give us the License to use the provided data. Any Data you pass to the Service on a Free Plan, such as company names, company domains, contact people or other forms of data, you give us several licenses to use this data :

• You give us a license to access and use the Submitted Data in aggregated form. We can develop and improve the Service and our data assets. We will not resell this data in any public way that refer to you as Data Provider. We will not use the provided data in such way that violates any contract we’ve entered;
• You give us a right to copy and use the Shared Data to any third party, like our customers and/or business partners;
• You provide us the right to run Data Science analytics with the Submitted Data. You agree that we will intellectual results of these works. One of the examples would be if we used Shared Data from multiple Free clients in order to derive data analytics about certain sales maturity of existing clients.

b. You need to have the right to share the input data with us. If you don’t have such rights (not opt-in list of business people emails), please do not provide any Data to us.

c. Our Free Service have some win-win conditions. In exchange of shared data, the final dataset we provide to you is reduced by the number of domain you shared with us (so called “blacklisting”). As a result, you get more value from free credits we shared to you avoiding previously contacted or undesired companies.

Paid Subscription Plans

We provide better Service via paid subscription plans offering a monthly or annual subscription. We also have an option to provide custom payment terms on request basis, which come in force on mutual acceptance. If you and we agree to do so, we will fill a separate agreement - Custom Plan (“Custom Plan”). If you are interested in reviewing any custom plan options, feel free to contact “andrei@rocks.gold”.

To any Paid Service we provide to you:

• a. You agree to pay to us the subscription fees (the “Fees”). The form of agreement can be either agreement during the check-out process or a signed Custom Plan agreed by you and by us. In the end of the subscription period, we may change the Fees in our sole discretion, by providing you with written notice at least thirty (30) days prior to the end of a given year or Term.
• b. Within 60 days of the first invoice, you can resolve any conflicts over charges. Any conflicts that have not been raised within that period of time shall be considered as forgiven.
• c. All monthly commitment Invoices must be paid in full the same day. Annual commitment invoices are subject to 30 days payment period. We save the right to block the usage of a Service if payment is not processed. Any unpaid amounts are subject to additional fees based on local laws.
• d. We are EU based company, which is subject to VAT. If you are EU based company or non-VAT customer, we are subject to VAT payments. Any non-Business-To-Business relations are subject to VAT payments on top of our service.
• e. Any subscription agreement signed on Custom Plan will be automatically renewed for the same duration as the Initial Service Term. The exemption applies if any party in the agreement requests non-renewal. The request must be posted at least thirty (30) days prior to the end of the current Custom Plan.
• f. Service provider saves the right to terminate this agreement upon thirty (30) days' notice (or without notice in the case of not paid invoices), if the other party breaks any of the terms of the signed agreement. Customer is obliged to pay in full up to the last day on which the Service is provided.

Service What We Own

All intellectual property rights and goodwill of the Service is owned by Rocks & Gold. For instance, we own the way we provide and display data in the Service. The Rocks & Gold attributes (like logos, names) are not allowed to copy without written permission. These Terms of Service do not grant you any ownership right of the Service and you do not allowed the resell any data you have access to.

Restrictions

You agree not to use the Service or Shared Data when

• It’s violate any applicable laws;
• It’s violate the U.S. CAN-SPAM Act of 2003 or any other anti-spam legislation;
• Use the Shared Data to advertise or promote any illegal goods or services.

Additional Restrictions on Use of the Service and Your Account

You also agree to certain restrictions on your use of the Service. You are not allowed to:

• access the Service in an automated manner;
• extract data from the Service in a way that exceeds human related activities or violates restrictions we have implemented (written or technical). For example, you are not allowed to use external software to do data collection activities in our Service;

Additional Terms for European Union Residents

You request and export Data regarding European Union Residents, like their full name, position, and contact information. If you do the request of suсh information, you agree to use it:

• to perform possessed data validation or update the existing customer data already opted in in your database. For example, you have the opt-in email of a person, and want to have whole information about his company and rest personal data points, such as Full name and Current Position;
• you have an explicit consent based on Shared Data, which is sufficient to comply with the consent requirements of GDPR.

When you receive or use EU Data received via our service, you understand and agree that you are the data controller. On the other hand, we are your data processor. All these terms are explained and under use of the GDPR.

Service Privacy Policy

You agree and know about the activities monitoring of inside our Service. As a service provider, we keep the right to monitor the usage of a service to check the general compliance with the Terms of Usage. We will be the only one decision maker on topic if a Service is being misused or these Terms has been broken. If we believe you have violated these Terms (or any law) we may terminate your account immediately and without any notice.

Disclaimer

The materials on Rocks & Gold service's web site are provided "as is". Rocks & Gold makes no warranties, hereby disclaims and negates all other warranties, or non-infringement of intellectual property or other violation of rights. Rocks & Gold does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability

There is no event where Rocks & Gold is liable for any damages, like data loss, business damages, business interruption, or any other damage even if any our representative was notified about it. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. You have 30-Day Right to Opt Out from our marketing and notification services.

Changes to this Section

Rocks & Gold will provide (60) days' notice of any changes to this section. Changes will become effective on the sixtieth (60th) day, and will apply prospectively only to claims arising after the sixtieth (60th) day.

Governing Law

The Terms of Service and the relationship between you and Rocks & Gold are govern by the laws of Poland, without regard to its conflict of law provisions. Any claim or dispute not resolved by arbitration must be resolved by a court located in Warsaw, Poland.

Indemnification

You agree to hold harmless Rocks & Gold, its employees, contractors and agents, along with its service providers against any loss, liability, damages, costs including any attorneys' fees and expenses arising out of or in connection with:

• Usage of our Website or Service;
• Your breach of Rocks & Gold Terms of Service;
• Your violation of any applicable law or the rights held by any third party.

The relationship between Rocks & Gold and you must be treated as independent contractors, and no other relationship can be treated based on this Terms of Usage.

Security

We make no hard promises regarding security. We have security barriers implemented on our side. However, it is still possible that external individuals may obtain your information using web scraping tools. On our side, each our customer is responsible to connect to our systems via encrypted, secured connections (https:// requests at least). User is responsible for maintaining up-to-date operation systems (any kind, like Windows, Linux, Mac OS, etc.). If you have any security breaches and want to protect your information, you need to notify us within 48 hours period to terminate/block your account until all stolen information will be useless. User is responsible for keeping his credentials and restore paths secure and up-to-date.

Unexpected Failures

None of the parties is responsible or liable for its failure to perform the Terms of Usage or any Custom Plan if such failure appeared beyond our control, like:

• Natural disaster
• Labor Strikes
• Internet failures
• 3rd party suppliers/contracts failure
• War
• Government Acts or Restrictions
• Hackers activity
• Any other reason not created by internal employee or process.