These are the default T&Cs.
If you’re a technology or a service partner (i.g. integrating FullEnrich into your product or service) we can adjust these terms to suit your needs.
Last update: 17 Jun 2026
These terms and conditions of use and sale (hereinafter the "T&Cs"), effective as of the date on which you click a button or check a box (or something similar) acknowledging your acceptance of these T&Cs or you execute with FullEnrich a Quote that incorporates these T&Cs by reference (the "Effective Date"), apply between FullEnrich Corp, having its business office at 28 Geary St, STE 650, Suite #346, San Francisco, CA 94108, United States (hereinafter "FullEnrich") and the company that has subscribed to the Services via FullEnrich's website or via an order form (hereinafter the "Client"). FullEnrich and Client may be referred to herein collectively as the "Parties" or individually as a "Party." The Parties agree as follows:
1 - Definitions
"Administrator" means a User with rights to add Users, make a Subscription, enable certain functionalities or modify the existing Subscription.
"Account" means each User's account. An Account is linked to a Workspace.
"Credit" means the fictional unit of accounting allowing Users to enrich their Client Data. A Credit is neither exchangeable nor refundable and has a validity period after which it is no longer usable.
"Contract" means the contractual ensemble composed of the potential Quote or Order Form, these Terms and Conditions, and the DPA.
"Client Data" means the data provided by Clients to be enriched through the use of Waterfall Enrichment or through the use of Reverse Email Lookup.
"Enriched Data" means Client Data enriched with email addresses and/or phone numbers returned by Providers through the use of Waterfall Enrichment.
"FullEnrich IP" means the Service, the Software, the Documentation, and any and all intellectual property provided to Client or any User in connection with the foregoing. For the avoidance of doubt, FullEnrich IP includes Usage Data and any information, data, or other content derived from FullEnrich's provision of the Service but does not include Client Data or Enriched Data.
"Data Protection Laws" means (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation) ("GDPR"), as amended, supplemented or replaced from time to time, and any applicable national implementing laws or regulations; (ii) the GDPR as retained in UK law (the "UK GDPR") together with the Data Protection Act 2018, as amended, supplemented or replaced from time to time; and (iii) the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and any implementing regulations, as amended, supplemented or replaced from time to time.
"Owner" means the Administrator who created the Workspace.
"Order Form" means Quote. The terms 'Order Form' and 'Quote' are used interchangeably and shall have the same meaning.
"People and Company Data" means personal and non-personal data related to contacts and companies. People and Company Data does not include email addresses and phone numbers.
"Providers" means the companies enabling Client Data enrichment.
"Provider Products" means products, services, and applications provided by a Provider and used by Client in connection with Waterfall Enrichment.
"Quote" means a purchase order, order form, or other ordering document entered into by the Parties that incorporates these T&Cs by reference; or if Client registered for the Service through Client's online ordering process, the results of such online ordering process. The terms 'Order Form' and 'Quote' are used interchangeably and shall have the same meaning.
"Reverse Email Lookup" means the Service functionalities allowing the Client to obtain People and Company Data from the data provided by the Client.
"Sensitive Data" means: (i) special categories of data enumerated in GDPR, Article 9(1) or any successor legislation; (ii) protected health information as defined in the Health Insurance Portability and Protection Act, as amended ("HIPAA"); (iii) payment cardholder information or financial account information, including bank account numbers or other personally identifiable financial information; (iv) social security numbers, driver's license numbers, or other government identification numbers; (v) other information subject to regulation or protection under specific laws such as the Children's Online Privacy Protection Act ("COPPA") or the Gramm-Leach-Bliley Act ("GLBA"), in each case as amended, or related rules or regulations; or (vi) any data similar to the above protected under applicable laws, rules, or regulations.
"SCCs" mean the Standard Contractual Clauses adopted by the European Commission (Commission Implementing Decision (EU) 2021/914) and the UK International data transfer addendum (entered into force on 21 March 2022).
"Search" means the Service functionalities allowing the Client to access a database of contacts containing People and Company Data.
"Service" means all functionalities to which Users have access through the use of the Software.
"Software" means the platform accessible from https://app.fullenrich.com/
"Subscription" means the commitment concluded between the Client and FullEnrich regarding the provision of the Service. A Subscription is monthly when the commitment is made for one month, automatically renewable. A Subscription is annual when the commitment is made for one year, automatically renewable. A Subscription is one-time payment when the commitment is made for the validity period of the Credits and is not automatically renewable.
"Usage Data" means usage data collected and processed by FullEnrich in connection with the Client's use of the Service, including without limitation data used to identify the source and destination of a communication, activity logs, and data used to optimize and maintain performance of the Service, and to investigate and prevent system abuse.
"User" means a person, whether or not a member of the Client's staff, authorized by the Client to have an Account and use the Service. The User does not have rights to add other Users, make a Subscription, or modify the existing Subscription.
"Waterfall Enrichment" means the Service functionalities allowing the Client to enrich its Client Data to obtain Enriched Data.
"Workspace" means the Client's main account, to which several User Accounts can be linked, allowing for making a Subscription and using the Service.
These words have the same definition whether in singular or plural and can be used interchangeably.
2 - Contract Composition
The Contract concluded between FullEnrich and the Client consists of the following documents in order of priority: the signed Quote or Order Form, when it exists, (hereinafter the "Quote" or the "Order Form"), these Terms and Conditions of Use and Sale (hereinafter "Terms" or "Terms and Conditions"), the SCCs, the Data Processing Agreement (hereinafter the "DPA"). In case of contradiction between one or more provisions of the contractual documents comprising the Contract, the provisions of the higher-ranking documents shall prevail.
The Contract constitutes the entire agreement between the Parties. It prevails over any other general terms and conditions of purchase, sale, or service of either Party as well as any agreement, written or verbal, between the Parties having the same purpose.
3 - Purpose
The Terms aim to define the terms and conditions applicable to the use and sale of the Service provided by FullEnrich.
The Client declares and warrants that it has the legal capacity or authorization from the person authorized to bind the Client to enter into the Contract.
4 - Service Description
FullEnrich has developed Service and Software available in SaaS mode offering several functionalities to the Client, including Waterfall Enrichment, Search and Reverse Email Lookup.
The Service and Software notably allow the Client to integrate and connect the Service and Software to other tools provided by third party companies, particularly via application programming interface ("API").
4.1 Waterfall Enrichment
Waterfall Enrichment allows the Client to enrich its Client Data through the dedicated Service functionalities to obtain Enriched Data. For enriching Client Data via Waterfall Enrichment, FullEnrich relies on a network of Providers. The enrichment is performed in cascade as FullEnrich queries, on behalf of its Client, several Providers to obtain the information sought by the Client. The Client has the choice of Providers used by Waterfall Enrichment. The Client can request FullEnrich to enable or disable certain Providers. FullEnrich does not have an enrichment database to provide Enriched Data. The data transfer takes place between the Providers and the Client. FullEnrich only intervenes to facilitate this transfer and communicate the Clients' requests to the Providers.
By default, Client Data is enriched with professional email addresses. The Client may elect to enable personal email enrichment. In such a case, Enriched Data may include both professional and personal email addresses. The Client acknowledges that when enabling personal email enrichment, it undertakes to comply with Data Protection Laws regarding the processing of such email.
4.2 Search
Search allows the Client to access a database of contacts from which the Client may search contacts and create contact lists based on filters. To provide Search, FullEnrich constitutes its own database and makes it available to its Clients.
Search is an optional feature that needs to be authorized and activated by an Administrator in order to be used by Users. When FullEnrich Search is activated, Users may perform several actions such as accessing the database, consulting it, performing filtered searches, and extracting the contacts they select. The database in itself does not contain email addresses and phone numbers.
The Client is aware that the extraction of contacts may consume Credits, in accordance with the pricing applicable between the Parties.
The Client is solely responsible for the lists it creates through Search. In particular, it is solely responsible for the names it assigns to the lists, the use it makes of the lists, the contacts it chooses to include or exclude, and the retention period of the lists.
FullEnrich warrants and represents that the database of contacts does not contain sensitive data or data relating to criminal convictions and offences and that the creation and provision of the database do not manifestly result from a crime or a criminal offence.
4.3 Reverse Email Lookup
Reverse Email Lookup allows the Client to obtain People and Company Data from the data, including at least the email address, provided by the Client.
FullEnrich does not guarantee the relevance or accuracy of the results provided by FullEnrich Search and Reverse Email Lookup. The Client acknowledges that errors may occur without FullEnrich's liability being incurred.
A complete presentation of the Service and functionalities is available on FullEnrich's website at the following address: https://fullenrich.com/
The Client acknowledges being informed and having ensured that the Service provided by FullEnrich corresponds to their expectations and needs.
5 - Access to Service
Subject to and conditioned on the Client's compliance with these Terms and Conditions, including without limitation any usage limitations set out in the Quote, the Client may, solely through its Users, access and use the Service during the duration of the Contract on a non-exclusive, non-transferable (except in compliance with Section 19), and non-sublicensable basis. Such use is limited to Client's internal business purposes and the features and functionalities specified in the Quote. The foregoing includes a limited license for the Client to install and use the Service solely in support of Client's authorized use of the Software. Each User must have its own unique Account on the Software and Users may not share their Account credentials with one another or any third party. Users must have an Account in order to access any Client Data, People and Company Data or Enriched Data via the Service. The Client will be responsible for all of the acts and omissions of its Users in connection with these Terms and Conditions and for all use of Users' Accounts.
The Client accesses the Service by creating an Account directly from FullEnrich's website. Search is an optional feature that needs to be authorized and activated by an Administrator in order to be used by Users.
When the Client creates an Account, they can add or link other Users to this Account to create a Workspace. The Client is responsible for the identification, addition, selection, and removal of Users benefiting from the Service. The Client is also responsible for the use of the Service and Software by its Users.
The information provided by the Client during Account creation must be up-to-date, complete, and truthful. FullEnrich may request confirmation from the Client of their information and may request any proof whatsoever. In case of doubt about the Client's real identity or the truthfulness of the information provided, FullEnrich may suspend the Client's access to the Service and Software.
The Administrator and Owner can receive free credits or purchase credits to enrich their Client Data or to extract Enriched Data and/or People and Company Data.
The Client acknowledges and accepts that only an Administrator or Owner can proceed with a Subscription or modify a Subscription from the Workspace.
The free allocation of credits is at FullEnrich's discretion. In case of suspected abuse or for any other reason specific to FullEnrich, FullEnrich reserves the right to refuse the free allocation of credits without incurring any liability in this regard.
6 - Service Provision
6.1 Use of Service
The use of the Service and resulting outcomes is solely the Client's responsibility. Without limiting the generality of the foregoing, the Client is responsible for all acts and omissions of Users, and any act or omission by a User that would constitute a breach of these Terms if taken by Client will be deemed a breach of these Terms by Client. The Client shall use reasonable efforts to make all Users aware of these Terms provisions as applicable to such User's use of the Service and shall cause Users to comply with such provisions.
The Client commits to comply with the Contract and applicable regulations, including Data Protection Laws, when using the Service and resulting Enriched Data as well as People and Company Data. It is the Client's responsibility to ensure compliance with applicable Data Protection Laws, particularly to inform concerned individuals and, if necessary, obtain their consent, to proceed with the enrichment and processing of their data. The Client commits not to make any unlawful or prohibited use of the Service and resulting Enriched Data and People and Company Data.
The Client is advised to use only professional email addresses for marketing purposes.
People and Company Data made available to the Client are intended to be used for marketing and recruitment purposes. FullEnrich therefore advises that they be used for these purposes. FullEnrich shall not be held liable for any inadequacy of the data or for any non-compliance in the manner in which such data are collected or processed with the purposes determined by the Client. It is the Client's responsibility to ensure that such purposes are compatible.
The Client and Users commit not to:
- copy, modify, or create derivative works of any FullEnrich IP, whether in whole or in part;
- remove any proprietary notices from any FullEnrich IP;
- use any FullEnrich IP in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
- access or use any FullEnrich IP for purposes of competitive analysis of FullEnrich, the Service or the Software, the development, provision, or use of a competing software service or product, or any other purpose that is to FullEnrich's detriment or commercial disadvantage;
- bypass or breach any security device or protection used by the Service or access or use the Service other than by a Client or User through the use of valid access credentials;
- disturb or attempt to disturb or interrupt the proper functioning of the Service and Software;
- use the Service and Software in a way that violates any third-party's intellectual property or other rights. In this regard, they commit to having the necessary authorizations to download, integrate, and input Client Data within the Service and Software;
- use the Service to send offensive, disrespectful, or unsolicited messages;
- modify, compile, decompile, assemble, disassemble, seek to know, copy, reproduce, modify the source code, merge the source code with another software, except when expressly authorized by law;
- sell, resell, assign, transfer, distribute, license, sublicence or make available in any way the Software and Service to a third party;
- sell, resell, assign, transfer, distribute, license, sublicence or make available, in any way, the Enriched Data to third parties; (If you’d like to integrate FullEnrich into your service or software, contact us to enter into a specific agreement.)
- download malicious files containing viruses or harmful to the Service and Software. The Client is solely responsible for the content of files they download and their consequences on Service provision and Software security.
6.2 Client Responsibilities
FullEnrich may allow for certain third party companies products to be integrated with the Service to allow, among other things, automation and transmission of Client Data, Enriched Data and People and Company Data to and from such products. For purposes of these Terms, such third party companies' products are subject to their own terms and conditions. FullEnrich is not responsible for the operation of any third party company products and makes no representations or warranties of any kind with respect to these products. If the Client does not agree to abide by the applicable terms for any such third party companies' products, then the Client should not integrate and use such third party companies' products. By authorizing FullEnrich to integrate third party companies' products with the Service, the Client represents and warrants to FullEnrich that it has all right, power, and authority to provide such authorization.
FullEnrich may allow for certain Provider Products to be integrated with the Service to allow for, among other things, the transmission of Enriched Data from such Provider Products into the Service and the transmission of Client Data to such Provider Products for enrichment. FullEnrich is not responsible for the operation of any Provider Products and makes no representations or warranties of any kind with respect to Provider Products or their respective providers. By authorizing FullEnrich to use Provider Products and to transmit Client and Enriched Data to and from Provider Products into the Service, the Client represents and warrants to FullEnrich that it has all right, power, and authority to provide such authorization.
The Client has and will retain sole responsibility for: (i) all Client Data, including its content and use; (ii) all information, instructions, and materials provided by or on behalf of the Client or any User in connection with the Service; (iii) the Client's information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by the Client or through the use of third-party platforms or service providers ("Client Systems"); (iv) the security and use of the Client's and its Users' access credentials; and (v) all access to and use of the Service directly or indirectly by or through the Client Systems or its or its Users' access credentials, with or without the Client's knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.
The Client commits to taking measures and implementing necessary technical and organizational devices to ensure IT security during integrations and API use. They particularly commit to reviewing and respecting the API documentation present on FullEnrich's website. The Client represents and warrants that it is responsible for the consequences of integrations and data transfers via API.
6.3 Technical Prerequisites
To benefit from the Service, the Client must have a reliable and secure internet connection.
It is the responsibility of Clients and Users to ensure the security of access to their Accounts, particularly by choosing robust passwords that conform to the state of the art, alerting FullEnrich of any unusual access, and not sharing their Accounts.
FullEnrich is not held liable in case of fraudulent access to Services and Software resulting from carelessness, negligence, error, or omission by the Client or Users.
6.4 Client and Enriched Data
FullEnrich commits not to use Client Data to build a database.
The Client hereby grants to FullEnrich a non-exclusive, royalty-free, free, worldwide license to process, store, communicate, modify, sort, analyze, reproduce, distribute, and otherwise use and display their Client Data so that FullEnrich can perform all acts with respect to the Client Data as may be necessary for FullEnrich to provide the Service.
When the Client uses Waterfall Enrichment, FullEnrich enriches Client Data according to the Client's request and by using Providers on their behalf and under their orders. A list of Providers used to provide Waterfall Enrichment is proposed by FullEnrich by default. By using the Service, the Client authorizes FullEnrich to use Providers for Client Data enrichment. The Client has the possibility to amend the list of Providers used to provide Waterfall Enrichment by making a choice among the proposed Providers.
The Client acknowledges that the quality of Enriched Data depends on the Providers and communicated Client Data and that FullEnrich is not responsible for it. The Client acknowledges that the more complete the communicated Client Data is, the more relevant the enrichments are. The Client acknowledges and accepts that if errors or malfunctions of the Service or Software result from Client Data, FullEnrich's liability cannot be engaged in this regard. FullEnrich is independent of Providers and is not responsible for their compliance with applicable Data Protection Laws.
The Client acknowledges and agrees that FullEnrich may use, modify and transmit Client Data to provide the Service to the Client. The Client represents and warrants to FullEnrich that they use and process Client and Enriched Data in compliance with applicable regulations, and that it has all rights, consents, and authorizations necessary to grant such rights to FullEnrich.
6.5 Data Deletion
Where data subjects exercise their rights under applicable Data Protection Laws with FullEnrich, FullEnrich may be required to delete or render inaccessible the data relating to such individuals. The Client acknowledges that it may therefore no longer have access to the data of certain contacts, including data for which Credits have been consumed, and that this shall not give rise to any liability on the part of FullEnrich. For the avoidance of doubt, this provision shall apply to all Service functionalities, including Waterfall Enrichment.
6.6 Service Suspension
FullEnrich may temporarily suspend the Client's and any User's access to any portion or all of the Service if: (i) FullEnrich reasonably determines that (a) there is a threat or attack on any of the FullEnrich IP; (b) the Client's or any User's use of the FullEnrich IP disrupts or poses a security risk to the FullEnrich IP or to any other customer or vendor of FullEnrich; (c) the Client, or any User, is using the FullEnrich IP for fraudulent or illegal activities; (d) subject to applicable law, the Client has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (e) FullEnrich's provision of the Service to the Client or any User is prohibited by applicable law; or (f) any Client Data submitted, posted, or otherwise transmitted by or on behalf of the Client or an User through the Service may infringe or otherwise violate any third party's intellectual property or other rights; (ii) any vendor of FullEnrich has suspended or terminated FullEnrich's access to or use of any Provider Products required to enable Client to access the Service; or (iii) in accordance with Section 11 and Section 5 (any such suspension described in subclauses (i), (ii), or (iii), a "Service suspension"). FullEnrich shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service suspension is cured. FullEnrich will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the Client or any User may incur as a result of a Service suspension.
In case of Service suspension, the Client and their Users no longer have access to the Workspace and their Accounts.
The Client is notified of the suspension and its cause by email or through the chat present on FullEnrich's website. They have a period of seven (7) calendar days to end the cause of suspension. Failing this, FullEnrich reserves the right to terminate the Contract under the conditions of Section 16.
7 - Service Continuity
7.1 Access
FullEnrich strives to provide access to the Service and Software, except during maintenance downtime as provided below, in case of suspension provided for in the Contract, or in case of unavailability caused by circumstances external to FullEnrich, including in cases of Force Majeure, internet network contingencies, operating systems, or internet browsers.
The Services and Software are accessible in SaaS mode through the Internet. The Client acknowledges that the accessibility and functioning of the Service and Software are subject to network contingencies without FullEnrich being held liable, particularly following a breakdown, failure, delay, malfunction, or modification of the network, internet service providers, Providers, or integration providers.
The Client also acknowledges that Service provision depends on the availability of Providers. In case of their unavailability, FullEnrich cannot be held liable.
FullEnrich makes reasonable efforts to maintain access to Services and Software. However, the Client acknowledges and accepts that FullEnrich cannot guarantee that the Services and Software will function without interruption and without error.
The Client can report any incident relating to the provision of Services and Software by email to the contact address: support@fullenrich.com. FullEnrich commits to doing everything possible, with the potential help of the Client, to resolve the incident as quickly as possible.
7.2 Maintenance, Updates, and Improvements
FullEnrich reserves the right to perform maintenance operations, updates, and improvements to the Services and Software.
When possible, these actions are planned for the end of the day, at night, on weekends, and holidays. When, for any reason, these actions must be carried out during another period, FullEnrich informs the Client via email or directly within the Software at least four (4) calendar days before the date of carrying out these actions.
The Client acknowledges that FullEnrich may add, modify, or remove functionalities of the Services and Software, API, integrators, or the list of Providers without these changes engaging FullEnrich's liability. Previous versions are no longer available and should not be used by the Client.
8 - Duration
This Contract enters into force upon signing the Contract or accepting the Terms and Conditions during Workspace creation and remains in force until the deletion of the Workspace or until the end of the Subscription, whichever is later. Thus, even in case of Workspace deletion, the Contract remains in force as long as the Subscription has not reached its term.
The Contract can be terminated by ending the Subscription under the conditions provided in Article Termination.
9 - Subscription Terms
9.1 Monthly Subscription
When the Client opts for a Monthly Subscription, each month their Monthly Subscription is automatically renewed and their Workspace is automatically credited with the number of Credits for which they have committed. Credits have a validity period of three (3) months from their date of addition to the Workspace. The Client can end their Monthly Subscription at any time under the conditions of Article 16.
The Client can increase or decrease the number of Credits in their Monthly Subscription by updating their Subscription directly from an Administrator or Owner account.
An increase in the number of Credits takes effect immediately and is automatically renewed in the following months. Example: The Client has a Monthly Subscription of 10,000 Credits. In mid-April, they decide to increase their Subscription by 5,000 Credits for a total of 15,000 Credits. The 5,000 new Credits are immediately available. From now on, the renewal date for the 15,000 Credits is mid-month. Upon renewal of their Subscription in mid-May, their Workspace will be automatically credited with 15,000 Credits. The same will apply for subsequent months.
A decrease in the number of Credits takes effect immediately and is automatically renewed in the following months. Example: The Client has a Monthly Subscription of 10,000 Credits. In mid-April, they decide to decrease their Subscription by 5,000 Credits. This decrease is immediately effective. From now on, the renewal date for the 5,000 retained Credits is mid-month. Upon renewal of their Subscription in mid-May, their Workspace will be automatically credited with 5,000 Credits. The same will apply for subsequent months.
9.2 Annual Subscription
When the Client opts for an Annual Subscription, each year their Annual Subscription is automatically renewed and their Workspace is automatically credited with the number of Credits for which they have committed. Credits have a validity period of twelve (12) months from their date of addition to the Workspace. The Client can end their Annual Subscription at any time under the conditions of Article 16.
The Client can increase or decrease the number of Credits in their Annual Subscription by updating their Subscription directly from an Administrator or Owner account. An increase in the number of Credits takes effect immediately and is automatically renewed in subsequent years. A decrease in the number of Credits takes effect at the end of the current year and is automatically renewed in subsequent years.
9.3 One-time Payment
When the Client opts for a one-time credit purchase ("one-time payment"), their Workspace is credited with the number of Credits to which they have subscribed. Credits have a validity period of six (6) months from their date of addition to the Workspace.
The Client cannot decrease the number of Credits. When the Client wishes to increase the number of Credits, they proceed with a new one-time payment Subscription.
10 - Workspace Deletion Terms
The Administrator or Owner can request the deletion of their Workspace by sending an email to support@fullenrich.com. FullEnrich responds by informing them of the consequences of deletion and requesting validation.
When the Administrator or Owner validates their deletion request, FullEnrich proceeds with the permanent deletion of the Workspace.
Workspace deletion has the following consequences:
- User Accounts associated with the Workspace are deleted;
- when valid Credits remain associated with the deleted Workspace, the Credits are permanently lost and the Client cannot obtain a refund.
A User cannot request the deletion of their Account; they must make the request to the Administrator or Owner of the Workspace to which their account is linked.
11 - Financial Terms
11.1 Price
The Service is provided to the Client in exchange for payment of the price agreed between the Parties. The price is indicated excluding VAT and other taxes, duties, or services payable by the Client.
The price depends on the type of Subscription and number of Credits.
The price is set between the Parties either:
- within the Quote or the Order Form (when a Quote or an Order Form is signed). In this case, the price is accepted by the Client upon signing the Quote or Order Form.
- within the payment interface. In this case, the price is accepted by the Client when they proceed with payment.
- within the Workspace. In this case, the price is accepted by the Client upon first payment of their Subscription.
The Client acknowledges that the price may vary when the number of Credits is increased or decreased during the Subscription.
If the Order Form specifies an Increased Usage Limit for the FullEnrich's APIs, the additional fee set out in the Order Form shall apply and be added to the price. The additional fee applies regardless of the Subscription type and is subject to the terms applicable to the Client's Subscription.
11.2 Payment and Billing
When the Client subscribes to a Monthly or Annual Subscription, the monthly or annual price is immediately payable through Stripe. The Client acknowledges and accepts that they will then be automatically charged the price amount at the beginning of each month or year, on the anniversary date of their subscription.
When the Client subscribes to a one-time payment Subscription, the price is immediately payable through Stripe on the day of their subscription.
When the Client proceeds with an increase in the number of Credits, they acknowledge and accept that they are directly charged via Stripe for the price corresponding to the amount of this increase. The Client acknowledges and accepts that they are then automatically charged via Stripe for the amount of the initial price plus the amount of the increase each month or year, on the anniversary date of their subscription.
When expressly agreed between FullEnrich and the Client, billing may occur after the allocation of Credits. In this case, the Client commits to paying the invoice within the deadlines specified therein and according to the methods (Stripe or bank transfer) provided for by the invoice.
11.3 Late Payment & Suspension
In case of late payment of one or more invoices, the Client is liable for late payment penalties without the need for a reminder.
The applicable interest rate is the European Central Bank's semi-annual key rate in effect on January first or July first of the current year, increased by ten (10) points, provided that this rate is not less than three times the legal interest rate.
A fixed compensation of forty (40) euros is also due for recovery costs, with the understanding that FullEnrich reserves the right to claim additional compensation in case of recourse to a professional charged with recovery.
Access to Services is subject to compliance with the payment deadlines provided for by the Contract. In case of non-payment by the Client of amounts due at maturity, FullEnrich reserves the right to suspend the Client's and their Users' access to their Accounts and Workspaces. This suspension occurs immediately after FullEnrich has informed the Client by any means.
Service suspension does not entail price reduction or refund to the benefit of the Client. All issued invoices remain due even in case of suspension.
Access may be restored, at FullEnrich's discretion, after the Client has paid all invoices in full. FullEnrich reserves the right to proceed simultaneously with Contract termination in accordance with Article 16.
Dispute
In case of payment dispute by the Client, they must communicate their dispute to FullEnrich within twenty-five (25) calendar days from the payment date. The dispute must include the invoice number to which it relates and the reason for the dispute.
In case of reduction of the disputed payment, FullEnrich issues a credit note to the benefit of the Client which will be deducted from the next payment or proceeds with the refund of the overpayment.
12 - Intellectual Property
12.1 Intellectual Property Rights
The Client acknowledges that, as between Client and FullEnrich, FullEnrich owns all right, title, and interest, including all intellectual property rights, in and to FullEnrich IP or has the necessary intellectual property rights to exploit them and, with respect to Provider Products, the applicable Providers own all right, title, and interest, including all intellectual property rights, in and to the Provider Products. The Contract does not transfer ownership of any of these rights to the Client.
All elements that compose the Service and Software, including their structure, content, and appearance (notably drawings, graphics, source code, content, FullEnrich logo, FullEnrich trademark, FullEnrich name, functionality, design) are and remain the property of FullEnrich or are subject to assignment in its favor. Any unauthorized reproduction or use by the Client of these elements constitutes an act of infringement.
The Client agrees not to use elements covered by Providers' intellectual property rights (notably logo, name, trademark, etc.).
If the Client or any of its employees or contractors sends or transmits any communications or materials to FullEnrich by mail, email, telephone, or otherwise, suggesting or recommending changes to the FullEnrich IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), FullEnrich is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback.
THE FULLENRICH IP IS PROVIDED "AS IS" AND FULLENRICH HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FULLENRICH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FULLENRICH MAKES NO WARRANTY OF ANY KIND THAT THE FULLENRICH IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THE CLIENT'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
12.2 Indemnification
If an infringement action is brought by a third party ("Third-Party Claim") against one Party on the grounds that any information, documents, Client Data, Enriched Data, Service, Software, elements, provided by the other Party violates the intellectual property rights of a third party, the latter Party shall, at its expense, defend the other Party, including reasonable attorney fees, and indemnify against all damages, fines, penalties, injuries, costs, and expenses of any nature ("Losses") awarded to the third party under an enforceable court decision or a decision of an administrative or governmental authority.
FullEnrich does not indemnify the Client and is not responsible for intellectual property rights violations resulting from (i) use of Services or Software in combination with other equipment or software not authorized by FullEnrich; (ii) modification of Services or Software by the Client or a third party; (iii) Client's failure to install software updates; (iv) use of the Service or Software in a manner other than that authorized by this Contract; or (v) use and processing of Client or Enriched Data.
Without limiting the generality of the foregoing, the Client shall indemnify, hold harmless, and, at FullEnrich's option, defend FullEnrich from and against any Losses resulting from any Third-Party Claim alleging that the Client Data or Enriched Data or People and Company Data, or any use of the Client Data or Enriched Data or People and Company Data in accordance with these Terms, infringes or misappropriates such third party's intellectual property or other rights and any Third-Party Claims based on the Client's or any User's (i) negligence or willful misconduct; (ii) use of the Service in a manner not authorized or not advised by these Terms; or (iii) use of Services or Software in combination with other equipment or software not authorized by FullEnrich; in each case provided that the Client may not settle any Third-Party Claim against FullEnrich unless FullEnrich consents to such settlement, and further provided that FullEnrich will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
THIS SECTION 12 SETS FORTH THE CLIENT'S SOLE REMEDIES AND FULLENRICH'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICE INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
12.3 Commercial Reference
The Parties authorize each other to use their names, trademarks, logos, and website addresses free of charge throughout the Contract duration and exclusively as commercial references. This use can notably be made on the Parties' websites and social networks.
13 - Liability
FullEnrich is bound by an obligation of means regarding Service provision.
FullEnrich's aggregate liability arising out of or related to this Contract under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise shall not exceed the total amounts paid to FullEnrich under this agreement in the twelve (12) months immediately preceding the claim.
In no event will FullEnrich be liable under or in connection with this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: (i) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (ii) increased costs, diminution in value or lost business, production, revenues, or profits; (iii) loss of goodwill or reputation; or (iv) cost of replacement goods or services, in each case regardless of whether FullEnrich was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.
FullEnrich's liability cannot be engaged for consequences and damages, direct or indirect, resulting from unauthorized access, loss, or alteration of Client or Enriched Data resulting from the Client's actions; errors or Service malfunctions resulting from the Client's actions or Client Data; cases of non-liability mentioned in the Contract; Users' inexperience.
The Client acknowledges that they are responsible for Service use by their Users. They thus acknowledge that they are particularly solely responsible for Client and Enriched Data and the consequences of integration and use of this data; application and respect of good IT security practices.
The Parties are not responsible for any loss, damage, delay, malfunction, total or partial non-performance resulting directly or indirectly from a case of force majeure.
14 - Confidentiality
Each Party commits to ensuring the confidentiality of all documents and information of a technical, legal, commercial, industrial, financial, or strategic nature relating to the other Party of which it became aware during negotiations, conclusion, and execution of the Contract as well as during Service and Software use. This includes notably data, information, or documents, including reports, studies, forecasts, contracts, strategies, plans, procedures, notes, concepts, financial proposals, prices, banking, accounting, or financial elements, terms and contents of offers, ideas, projects, concepts, innovations, trade secrets, design, graphic interfaces, software, IT developments and codes, IT documentation, IT files, whether these data, information, or documents are communicated in writing, orally, digitally, or by any means whatsoever and regardless of their nature (hereinafter "Confidential Information"). Outside of contractually provided cases between the Parties, each Party commits not to disclose them without the written and prior authorization of the other Party.
This obligation does not extend to documents and information (i) of which the receiving Party already had knowledge or (ii) already public at the time of their communication or which would become so without violation of this contract or (iii) which would have been received from a third party legally or (iv) whose communication would be required by judicial authorities, in application of laws and regulations, in particular Data Protection Laws, or to establish the rights of a Party under this contract or (v) whose communication would be requested by a data subject exercising data protection rights.
The Parties commit not to disclose Confidential Information and to take necessary measures to ensure that all their employees, collaborators, interns, apprentices, freelancers, service providers, contractors, directors, and agents respect this confidentiality obligation.
This confidentiality obligation continues to produce its effects during the five (5) years following the end of the Contract.
15 - Personal Data
The Client commits to using the Service in compliance with their obligations regarding applicable personal data regulations, including Data Protection Laws, particularly concerning their employees, prospects, and clients. The Client warrants to FullEnrich that they use and process Client Data and Enriched Data in compliance with applicable regulations, including Data Protection Laws, particularly regarding personal data, and that they have the necessary rights and authorizations for the use and processing of Client Data and Enriched Data by themselves, by Providers, and by FullEnrich.
The Client acknowledges and agrees that: (i) the Service is not designed to store Sensitive Data; (ii) the Client will not use the Service to store Sensitive Data and will not submit, post, or otherwise transmit through the Service any Client Data that includes or constitutes Sensitive Data.
In the context of personal data processing necessary for Waterfall Enrichment provision, FullEnrich acts as a data processor of the Client, who is the data controller. As such, a DPA is concluded between the Parties and annexed to the Terms and Conditions. Each Party commits to respecting the obligations placed upon it by the DPA and applicable personal data regulations, including Data Protection Laws.
In the context of the personal data processing necessary for Search, FullEnrich acts as an independent data controller for the creation of the database, its hosting, and its provision to the Client. The Client acts as an independent data controller for the processing it carries out using the database, including, in particular, its consultation, searches, and the creation of lists.
In the context of the personal data processing necessary for Reverse Email Lookup, FullEnrich acts as an independent data controller for the collection of data relating to the searched contact, the identification of data relating to such contact within its database, and the provision of the People and Company Data to the Client. The Client acts as an independent data controller when communicating the Client Data necessary for the operation of Reverse Email Lookup and for the processing it carries out on the People and Company Data.
The Client, as an independent data controller, is responsible for processing the Client Data, Enriched Data and People and Company Data in compliance with applicable regulations, including Data Protection Laws. In particular, the Client must have an appropriate legal basis, inform the data subjects, and, where applicable, obtain their consent. The Client is solely responsible for its use and processing of the data.
When the Client's use of Service involves transfers of personal data outside the European Economic Area and/or the United Kingdom, such transfers shall be governed by the relevant module of the Standard Contractual Clauses adopted by the European Commission (Commission Implementing Decision (EU) 2021/914) and the UK International data transfer addendum (entered into force on 21 March 2022), which are attached by reference and form an integral part of this Contract ("SCCs").
In the context of the contractual relationship between the Client and FullEnrich, the latter acts as a data controller and processes personal data for the following purposes:
- negotiation and conclusion of the Contract;
- management of Accounts and Workspace, accounting, billing, and administrative tasks;
- monitoring of commercial relationship, prospecting, and information sharing.
The processing carried out by FullEnrich, as data controller, is based on contract execution, its legitimate interests, and its legal obligations. Personal data processed by FullEnrich is only retained for the duration necessary to achieve these purposes. It may be communicated to FullEnrich's partners, its processors, clients and service providers, its lawyers and accountants, or administrative authorities. Data subjects can exercise their rights directly with FullEnrich and file a complaint with the Cnil. The Client can refer to the privacy policy available on FullEnrich's website for complete information.
16 - Termination
16.1 At Client's Initiative
The Client can terminate the Contract by opposing the tacit renewal of the Monthly Subscription or Annual Subscription. This opposition is made directly by the Client by connecting to their Workspace and clicking on "Cancel subscription". For a Monthly Subscription, the opposition is effective on the last day of the current month. For an Annual Subscription, the opposition is effective on the last day of the current engagement year.
The Client can terminate the Contract when FullEnrich does not respect its contractual obligations, including those of the DPA, and this non-compliance causes significant prejudice to the Client. In this case, the Client informs FullEnrich by email, at support@fullenrich.com, of their intention to terminate the Contract. If the Parties cannot reach an agreement within thirty (30) days following the email, then the Client can terminate the Contract by informing FullEnrich by email.
The Client can terminate the Contract when a substantial modification causes significant prejudice to the Client and does not result from a legal, regulatory, judicial, or administrative requirement or position. In this case, the Client informs FullEnrich by email of their intention to terminate the Contract within eight (8) days following the effective date of the substantial modification. If the Parties cannot reach an agreement within thirty (30) days of the information communicated by the Client, then the latter can terminate the Contract by informing FullEnrich by email. Any use of Services after the effective date of the substantial modification is considered as the Client's acceptance of Contract modifications.
In case of termination at the Client's initiative, the Client is only liable for amounts corresponding to the period prior to the Contract termination date. In the case of an Annual Subscription or one-time payment Subscription, the Client can request FullEnrich to refund amounts paid for the period after the Contract termination date.
16.2 At FullEnrich's Initiative
FullEnrich can terminate the Contract at any time by opposing the tacit renewal of a Subscription.
FullEnrich can terminate the Contract at any time when the Client does not respect their payment obligations. In this case, FullEnrich informs the Client by any means of the termination and it takes effect immediately. The Client remains liable for all invoiced amounts. They cannot claim a reduction or refund of the invoiced amount.
FullEnrich can terminate the Contract at any time and upon simple information to the Client when it considers that the Client does not respect the Contract or uses the Services in a manner contrary to the Contract or harmful to FullEnrich or third parties. In the case of an Annual Subscription or one-time payment Subscription, the Client can request FullEnrich to refund amounts paid for the period after the Contract termination date.
FullEnrich can terminate the Contract following a Service suspension provided for in the Contract. In this case, the Client cannot request FullEnrich to refund amounts already paid for the period after the Contract termination date.
16.3 Effects of Termination
In case of termination, the Client can no longer use the Service. They are responsible for ending integrations and APIs.
17 - Force Majeure
The Parties are not responsible for direct or indirect consequences of any total or partial non-performance of one or more of its contractual obligations when the non-performance results from a case of force majeure. A case of force majeure is defined as an event beyond the control of the party bound by the obligation, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, thereby preventing the performance of its obligation.
In case of occurrence of a force majeure, the obligations of the Party invoking the force majeure are suspended without their liability being sought for the consequences of this suspension.
If a force majeure event prevents one of the Parties from performing an essential obligation of the Contract for more than thirty (30) calendar days, each Party can terminate the Contract as of right by email or postal mail without this termination being subject to compensation for the benefit of either Party. The Parties cannot claim refund of amounts already paid.
18 - Contract Modification
FullEnrich has the right to unilaterally modify the Contract and API documentation. The Client acknowledges that any modification is binding after they have been published by FullEnrich by any means, including via publication on its website.
Any substantial modifications to the Contract are communicated to the Client by email or by information via the website or Software, within a period of fifteen (15) calendar days before their effective date. The Client has the right to refuse substantial modifications to the Contract by terminating it under the conditions provided by the Contract.
19 - Assignment
The Client acknowledges that the Contract is concluded intuitu personae. In any situation whatsoever, the Client is not authorized to delegate, assign, or transfer all or part of the rights and obligations arising from the Contract without having previously obtained FullEnrich's written agreement.
The Client acknowledges that FullEnrich is authorized to delegate, transfer, or assign all or part of the Contract and the rights and obligations attached to it to any third party or affiliated company, without needing to obtain the Client's written agreement.
20 - Applicable Law and Jurisdiction
The Contract is subject to Delaware law. In case of a dispute between the Parties relating to the execution of the Contract, they commit to attempting to resolve their differences amicably. If the Parties cannot reach an amicable resolution, they must bring their dispute before the courts of Delaware, United States.
21 - Arbitration Agreement
21.1 General
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH THE CLIENT CAN SEEK RELIEF FROM FULLENRICH. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between the Client and FullEnrich that arises out of or relates to, directly or indirectly: (i) these T&Cs; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of the Client's relationship or transactions with FullEnrich as a User or consumer (each, a "Claim," and, collectively, "Claims"). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after the Client's consent to these T&Cs.
21.2 Opting Out of Arbitration Agreement
If the Client is a new User, the Client can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these T&Cs by emailing us at support@fullenrich.com with the Client's full, legal name and stating the Client's intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these T&Cs, including the provisions regarding controlling law or the courts in which any disputes must be brought.
21.3 Dispute-Resolution Process
For any Claim, the Client will first contact FullEnrich at support@fullenrich.com and attempt to resolve the Claim with FullEnrich informally. In the unlikely event that FullEnrich has not been able to resolve a Claim after sixty (60) days, FullEnrich agrees to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the "Arbitrator"), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the "Rules"), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where the Client lives (if applicable) or New Castle County, Delaware, unless the Client and FullEnrich agree otherwise. If the Client is using the Service for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If the Client is an individual using the Service for non-commercial purposes: (i) JAMS may require the Client to pay a fee for the initiation of the Client's case, unless the Client applies for and successfully obtains a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include the Client's costs of arbitration, the Client's reasonable attorneys' fees, and the Client's reasonable costs for expert and other witnesses; and (iii) the Client may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve the Client of its commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. The Client and FullEnrich agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these T&Cs are, or whether any provision of these T&Cs is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
21.4 Equitable Relief
NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING FULLENRICH FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING THE CLIENT FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT THE CLIENT'S CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
21.5 Severability
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties' ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent the Client from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
21.6 Class Action / Jury Trial Waiver
BY ENTERING INTO THESE TERMS, THE CLIENT AND FULLENRICH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER THE CLIENT HAS OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS FULLENRICH AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS. THE CLIENT AND FULLENRICH AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THE CLIENT'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER CLIENTS.