Terms of Use for NiceTMY

Effective Date: July 06 2024

Welcome to NiceTMY ("we," "us," or "our"). By accessing or using our proprietary data enrichment and automation service (the "Service"), you agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, you must not use the Service.

1. Description of Service

The Service provides automated company and contact intelligence by receiving user-submitted contact details (emails or domains), scraping publicly available information (firmographics, team roles, reputation signals), exporting the collected data to the user's specified Google Spreadsheets, and automating personalized follow-up emails on the user's behalf via the user's connected Gmail account.

2. User Account and Eligibility

A. Account Responsibility

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify NiceTMY immediately of any unauthorized use of your account.

B. Age and Authority

By using the Service, you represent that you are at least 18 years of age and, if acting on behalf of an entity, that you have the authority to legally bind that entity to these Terms.

3. User Responsibilities and Data Usage 🛡️

By integrating and using the automation features of NiceTMY, you explicitly acknowledge and agree to the following permissions and obligations:

• Service Access: To allow NiceTMY to access, store, and process your email address and name for account management purposes.
• Third-Party Data Submission: To only submit contact information for processing where you have a lawful and verifiable right or legitimate interest to do so, particularly concerning outbound email communication and data processing laws (including GDPR, CCPA, and CAN-SPAM).
• Email Authorization: To allow the Service to access your linked Gmail account and send automated follow-up emails on your behalf when the 'Send a follow up message' option is activated. You bear sole responsibility for the content and legality of all sent communications.
• Google Sheets Permissions: To permit the Service to access and edit the specific Google Spreadsheets you designate for automatic data export and synchronization.

You are solely responsible for ensuring that your use of the Service, including the acquisition and processing of third-party data and the sending of emails, complies with all applicable laws and regulations.

4. Prohibited Activities and Use Restrictions

You expressly agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. Prohibited activities include, but are not limited to:

• Using stolen, fraudulent, or unauthorized credit cards for payment.
• Engaging in spamming (sending unsolicited bulk emails) or any form of abusive electronic communication.
• Attempting to interfere with the integrity or security of the Service or its data, including DDoS attacks or attempts to overload the Service.
• Using the intelligence data acquired from the Service in a manner that violates the privacy or legal rights of third parties.

5. Payment, Renewal, and Cancellation

Payment for the Service is made via credit card on a monthly subscription basis. Subscriptions automatically renew unless cancelled prior to the next billing cycle. All payments are non-refundable, except as required by law.

6. Intellectual Property and Content

All intellectual property rights associated with the Service, including the proprietary software, design, and any content or data generated by the Service (excluding user-inputted data and user-owned spreadsheet content), belong exclusively to NiceTMY.

7. Disclaimer of Warranties and Limitation of Liability

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. NiceTMY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

NiceTMY shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from: (i) your access to or use of the Service; (ii) any conduct or content of any third party on the Service; or (iii) unauthorized access, use, or alteration of your transmissions or content.

8. Indemnification

You agree to indemnify, defend, and hold harmless NiceTMY from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, particularly your failure to comply with data protection and privacy laws when using the Service.

9. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Quebec for the resolution of any disputes.

10. Changes to Terms

NiceTMY reserves the right to modify these Terms at any time. Registered users will be informed of any material changes via email. Non-registered users should review this page periodically for updates. Continued use of the Service after any modifications constitutes acceptance of the new Terms.

11. Contact Information

For any questions or issues related to these Terms of Use, please contact us at:

Email: [email protected]