Terms of Use

Last Updated: November 13, 2024

1. Introduction

Welcome to Linkamber LLC (“Linkamber,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of Linkamber’s services, including our prospect list building, data enrichment, and CRM data audit services (collectively, the “Services”).

2. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Services Description

3.1. Linkamber provides the following services:

• Prospect list building and research
• Data enrichment services
• CRM data auditing
• Account and contact data sourcing
• Data verification and validation

3.2. Data Fields Our standard data enrichment services include, but are not limited to:

• Account Information: Company name, website, address, industry, employee count
• Contact Information: First name, last name, job title, email address, phone number

4. Pricing and Payment Terms

4.1. Service Fees

• Prices for our Services are as quoted in your specific service agreement
• All fees are in US Dollars unless otherwise specified
• We reserve the right to modify our pricing with notice to our clients

4.2. Payment Terms

• Payment is required according to the terms specified in your service agreement
• We accept payment via major credit cards, bank transfers, and other approved payment methods
• Invoices are due upon receipt unless otherwise specified
• Late payments may result in service suspension

4.3. Refunds

• Refunds or replacement data will be provided for records that don’t meet agreed-upon criteria
• Refund requests must be submitted within 7 days of delivery
• Approved refunds will be processed using the original payment method

5. Data Quality and Accuracy

5.1. We commit to:

• Providing accurate and up-to-date information
• Meeting specified client criteria for data quality
• Replacing or refunding any data that doesn’t meet agreed standards
• Regular quality checks and verification processes

5.2. Limitations

• While we strive for accuracy, we cannot guarantee 100% accuracy of all data points
• Client is responsible for verifying compliance with applicable laws and regulations

6. Client Responsibilities

6.1. Clients must:

• Provide clear criteria for desired data
• Use the provided data in compliance with applicable laws
• Maintain appropriate security measures
• Report any data quality issues within the specified timeframe
• Comply with all applicable data protection regulations

7. Confidentiality and Data Protection

7.1. We commit to:

• Protecting client confidential information
• Not disclosing client information to third parties
• Implementing appropriate security measures
• Complying with applicable data protection laws

7.2. Data Usage

• We retain rights to aggregate anonymized data
• Client data will only be used to provide requested services
• We implement industry-standard security measures

8. Term and Termination

8.1. Term

• Services continue until completed or terminated
• Ongoing services continue until cancelled by either party

8.2. Termination

• Either party may terminate with written notice
• Client remains responsible for payments for services rendered
• Confidentiality obligations survive termination

9. Intellectual Property

9.1. Ownership

• Clients own the specific data delivered to them
• Linkamber retains ownership of proprietary processes and methodologies
• Neither party transfers ownership of pre-existing intellectual property

10. Limitation of Liability

10.1. We limit our liability to:

• The amount paid for services in the previous 12 months
• Direct damages only
• Exclude indirect, consequential, or punitive damages

10.2. Warranty Disclaimer

• Services are provided “as is”
• No warranties beyond those expressly stated

11. Dispute Resolution

11.1. Process

• Parties will attempt to resolve disputes amicably through good-faith negotiations
• If disputes cannot be resolved through negotiation, parties agree to mandatory mediation before pursuing other legal remedies
• All disputes shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without giving effect to any choice of law or conflict of law provisions

11.2. Jurisdiction and Venue

• For US-based clients, any legal action or proceeding shall be brought in the appropriate federal or state courts located in Wyoming
• For international clients, disputes may be resolved through:
  
  • International arbitration under the Rules of the International Chamber of Commerce (ICC)
  • The arbitration shall be conducted in English
  • The place of arbitration shall be mutually agreed upon by both parties
  • The arbitration award shall be final and binding on both parties
• Nothing in these Terms shall prevent either party from seeking injunctive relief in any court of competent jurisdiction

11.3. Class Action Waiver

• All claims and disputes within the scope of these Terms must be litigated or arbitrated on an individual basis and not on a class basis
• Any claim arising out of or related to these Terms must be filed within one year after such claim arose

12. Modifications to Terms

12.1. We reserve the right to modify these Terms:

• With 30 days notice for material changes
• Changes effective upon posting for non-material updates
• Continued use constitutes acceptance of modified terms

13. Contact Information

For questions about these Terms or our Services, contact us at:

Linkamber LLC
30 N Gould St Ste R
Sheridan, WY 82801
United States

Phone: +1 (214) 487-2900
Email: admin@linkamber.com

14. Compliance with Laws

14.1. Both parties agree to comply with:

• Data protection regulations
• Anti-spam laws
• Industry standards
• Export control regulations

15. Force Majeure

Neither party shall be liable for delays due to circumstances beyond reasonable control, including natural disasters, war, cybersecurity incidents, or pandemic.