Terms of Service

1. Acceptance of Terms

By accessing or using Viewers.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms apply to all users, including website owners who install our widget and visitors who interact with it.

2. Description of Service

Viewers.com provides a lead capture and enrichment platform that includes:

• An embeddable website widget for capturing visitor email addresses
• Data enrichment services that supplement email addresses with publicly available information such as phone numbers, social media profiles, company details, and professional information
• Bot and spam filtering to identify and remove invalid or fraudulent submissions
• Lead scoring and prioritization based on company size and estimated value
• Automation features including email notifications, CRM integrations, and connections to third-party applications via Zapier, Make.com, and our API
• Optional widget modules including spin-to-win promotions, newsletter signups, and AI-powered chat

3. Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. You must be at least 18 years old to create an account and use the Service.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited communications, or engage in deceptive marketing practices
• Collect or harvest data in violation of applicable privacy laws
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service for any illegal, fraudulent, or harmful purpose
• Resell, sublicense, or redistribute the Service without our written consent

5. Fees and Payment

Free Plan: We offer a free plan with limited features and usage. Free plan limits are subject to change at our discretion.

PRO Plan: PRO features are billed at a fixed monthly rate based on your selected plan tier. You will only be charged for leads that are successfully enriched after passing our bot and spam filters. Charges are billed monthly.

All fees are non-refundable except as required by law. We reserve the right to change our pricing with 30 days' notice. Failure to pay fees may result in suspension or termination of your account.

6. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge and agree that:

• We collect, process, and enrich lead data using third-party data providers
• You are responsible for complying with all applicable privacy laws (including GDPR, CCPA, CAN-SPAM, and others) when using the Service and the data it provides
• You must provide appropriate disclosures and obtain any necessary consents from website visitors when using our widget
• We are not responsible for your compliance with privacy laws or your use of enriched data

7. Intellectual Property

The Service, including all software, designs, trademarks, and content, is owned by Viewers.com and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

8. Third-Party Services

The Service integrates with third-party applications and services including but not limited to Zapier, Make.com, HubSpot, Mailchimp, ActiveCampaign, and Slack. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, functionality, or practices of any third-party services.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY ENRICHED DATA PROVIDED THROUGH THE SERVICE. DATA ENRICHMENT RESULTS MAY VARY AND ARE DEPENDENT ON THIRD-PARTY DATA SOURCES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIEWERS.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Viewers.com and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights, including privacy rights.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease. Sections 6 through 14 shall survive any termination of these Terms.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by sending you an email. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

14. General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in Ventura County, California, except that either party may seek injunctive relief in any court of competent jurisdiction.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Viewers.com regarding the Service.

15. Contact Information

If you have any questions about these Terms, please contact us at: