General Information

The terms and conditions contained in this Agreement (“Agreement” or “TOS”) govern the relationship between IntuList (“The Company” or “Us”) and the Customer (“You”). Both individuals and organizations may enter into this Agreement with IntuList. If You are an organization, the representative who agrees to this Agreement represents that he or she has the authority to enter into this Agreement on the behalf of the organization, which shall be bound by the terms of the Agreement.

By signing up for an account or enrolling in our services, You acknowledge that You are authorized to enter into this Agreement and agree to all terms and conditions contained herein.


Our Services

  • IntuList provides services that enable you to import, store, distribute and account for your consumer data. IntuList provides its services “as is.” IntuList reserves the right to modify and improve its services and features at any time.
  • In the event IntuList needs to provide You with customer support, You agree that IntuList shall have the right to access Your account for this purpose.
  • IntuList may, in its sole and absolute discretion, limit or suspend its services for any reason. This limitation/suspension of service may be due to situations including, but not limited to, scheduled maintenance or Your violation of this Agreement.
  • IntuList will contact You via email regarding any scheduled maintenance to its website and any limited suspensions of service that may result. It is Your responsibility to ensure that Your email address is current.
  • IntuList’s services are contingent upon You providing IntuList with the most up to date information. In the event that any of the information provided by You to Us has changed, it is Your responsibility to notify Us via email of the change.

Your Use Of Our Services

  • You shall provide IntuList with a valid email address and accurate, up to date payment information.
  • You agree that Your use of IntuList is for the purpose of managing the data either owned and/or controlled by You. You acknowledge that Your use of IntuList for any other purpose, such as to import/store illicitly obtained data, is an unauthorized use of IntuList and may subject Your account to termination.
  • You agree that You will not use IntuList for any illegal or improper purpose. Improper purposes include, but are not limited to, actions that cause harm to Us or other users. You agree to be solely liable for any damages incurred with any illegal or improper use of IntuList. You agree that IntuList may terminate Your account at any time if it deems Your use of our services to be illegal or improper.
  • You agree that You shall not permit any third party to access or use IntuList on your behalf. You further agree that You will not use IntuList’s services on behalf of any third party.
  • You agree to not create multiple free IntuList accounts solely for the purpose of avoiding limitations imposed on unpaid accounts.
  • You shall be solely responsible for the security of any user information and passwords associated with Your account.
  • You shall take commercially reasonable measures to prevent the unauthorized use of IntuList’s services. You shall be responsible for all account activity conducted on Your behalf, whether authorized or unauthorized.
  • You agree that IntuList retains all intellectual property rights in its services, methods, and software. You agree to refrain from using any marks belonging to IntuList.
  • You agree to not disrupt, tamper with, or circumvent any protective mechanisms such as security measures or licenses. You agree to not attempt to access, copy, or modify any of IntuList’s software.
  • In the event of a security breach or the discovery of unauthorized access of Your account, You shall notify IntuList immediately.
  • You agree that IntuList’s services are solely for the benefit of the Customer and You agree not to copy, duplicate, sell, or resell any aspect of IntuList’s services.
  • Customer represents and warrants that its data is lawfully obtained and is not marketed to promote any goods or services which are not lawful in the jurisdiction where they are made available.

Billing & Payments

  • By enrolling in IntuList’s paid services, You authorize IntuList to charge Your credit card for fees connected with IntuList’s services and for other fees, including, but not limited to taxes, renewal fees, and fees associated with extra services.
  • You agree to maintain current and valid billing and payment information. You agree that in the event that IntuList is unable to process payment due to invalid or expired information, You shall not receive the benefit of IntuList’s services until payment is received.
  • You acknowledge that IntuList provides its paid services on a subscription basis and that accordingly, You will automatically be billed every month for IntuList’s services in accordance with the your chosen subscription package.
  • You agree that Your subscription will automatically renew on a monthly basis until You cancel Your subscription or contact Us to opt out of the automatic renewal.
  • You shall have the right to cancel Your subscription to IntuList’s services at any time. In the event that You cancel Your subscription, you will immediately lose access to your account and your payment method will be charged for the current month's usage prior to cancellation.
  • IntuList shall reserve the right to change the prices it charges for its services and may make such changes at any time. IntuList will provide You with reasonable notice via email regarding all changes in price. Such changes shall become effective the next billing cycle, unless otherwise specified in a notice to the Customer. Continued use of IntuList’s services and failure to cancel Your subscription shall constitute acceptance of the new prices charged by IntuList. If You do not accept these pricing changes, You must cancel Your subscription to avoid being charged the different rate.

Account Cancellation/Suspension/Deletion/Delinquency

  • AN ACCOUNT IS CONSIDERED DELETED WHEN ALL ITS DATA (I.E. CLIENTS, USERS, DATA SOURCES, ORDERS, LEADS, ETC.) IS PURGED FROM INTULIST'S SERVERS.
  • You may cancel your subscription at any time by contacting support and requesting a cancellation. Please note that for paid accounts you will still be charged for the number of days spent on an active subscription prior to cancellation. E.g. If you cancel on the 8th of the month, you will be charged for the first 8 days. Once cancelled, the account becomes inactive. ALL INACTIVE ACCOUNTS SHALL BE DELETED AFTER 60 DAYS.
  • FREE ACCOUNTS SHALL BE DELETED IF REMAINED UNUSED FOR 180 DAYS. This is determined by the accounts' user logins; if no user of the free account has logged in for a period of 180 days, the account shall be deleted.
  • Paid accounts whose monthly subscription fee is unpaid and cannot be otherwise collected besides the payment method on file, shall go into delinquency. Delinquent accounts shall be DELETED after 60 days of entering delinquency.
  • IntuList reserves the right to suspend or terminate Your subscription at any time and without prior notice if, in its sole and absolute discretion, it determines that You have breached any of the provisions of this Agreement. Such suspension or termination shall be effective immediately and Customer shall not receive a refund for the time remaining on Customer’s subscription.
  • PAID ACCOUNTS MAY NOT DOWNGRADE TO A FREE SUBSCRIPTION.

Refunds

  • Customer may cancel its subscription at any time pursuant to the previous Section of this Agreement.
  • No refunds will be given for the period of time from the date of cancellation until the renewal date, unless required by law.
  • In the event that You experience any technical problems with IntuList’s services, You should immediately contact Us via email or phone at the contact information listed on our “Contact Us” page. Within a reasonable time, IntuList shall take remedial action to fix such technical problem, if caused by IntuList. If IntuList shall remedy the technical problem, such remedial action shall constitute Customer’s sole and exclusive remedy regarding any breach of this Agreement.

Data and Its Uses

  • IntuList shall have the right to use Customer Analytical Data in an aggregated and/or anonymous manner (“Aggregated Data”), provided such use will not reasonably lead to the identification of the Customer or the Customer’s stored data (i.e. leads).
  • IntuList shall retain the right to use Aggregated Data for the purpose of analysis and statistics.
  • IntuList will not share any other data provided or processed by the Customer unless: (i) We have Your consent; (ii) We determine that disclosure is required by law or We determine that disclosure is reasonably necessary to protect the rights, property, and safety of IntuList, its users, or the public; or (iii) as otherwise provided in this Agreement or our Privacy Policy.
  • IntuList and its employees and contractors shall take all appropriate measures to secure against the unlawful processing of the Customer’s data.
  • IntuList shall store and handle the Customer’s data in a manner consistent with industry security standards in order to minimize any risk of unauthorized use or access to the Customer’s data.
  • In the event the IntuList experiences a security breach that may affect the Customer, IntuList shall notify the Customer regarding such breach. However, it is the responsibility of the Customer to take any action necessary to mitigate the potential impact of such breach.

Account Logs Retention

  • Import logs for all imported leads are retained for: 24 months for paid accounts; 30 days for free accounts. Import logs that are older than those time limits are permanently deleted.
  • Post logs (logs of leads being posted out of IntuList) are retained for 18 months for all accounts.

Changes to This Agreement

  • Periodically, IntuList may, in its sole and absolute discretion, modify the terms of this Agreement. Any modifications and/or updates to this Agreement may be made by IntuList without prior notice to You and are effective once posted to this page.
  • Your continued enrollment in IntuList’s services shall constitute Your acknowledgement of and acceptance to the modifications and changes to this Agreement.
  • You acknowledge that it is Your responsibility to visit this page to ensure that You are aware of the most recent provisions of this Agreement. You further acknowledge that any modifications or updates made to this Agreement replace all previous versions and provisions of this Agreement.

Disclaimers

  • Periodically, IntuList may, in its sole and absolute discretion, modify the terms of this Agreement. Any modifications and/or updates to this Agreement may be made by IntuList without prior notice to You and are effective once posted to this page.
  • IntuList gives no guarantees with respect to the continuous availability or response time of IntuList’s services and website.
  • IntuList gives no guarantees regarding the time it will take for IntuList to notify Customer regarding an interruption to its data flow, and cannot guarantee that it will be able to successfully notify You to inform You of any interruption.
  • IntuList shall not be responsible for any loss or corruption of data or content. Customer acknowledges and agrees that it is solely responsible for maintaining a system to protect and back up its data.
  • In its discretion, IntuList may use third party vendors and hosting partners to provide any necessary hardware, software, network, and other technology necessary to provide its services to Customer. IntuList shall not be liable for any damages attributable to any third parties.
  • No implied conditions, or warranties, including those relating to quality and fitness for a particular purpose shall apply to IntuList’s services, website, method, and software.

Force Majeure

  • Neither party shall be liable for breach of this Agreement, other than Customer’s failure to pay for IntuList’s services, to the extent that the breach was caused by a condition beyond the party’s reasonable control (such as natural disaster, act of war or terrorism, riot, governmental action, internet interruption, and telecommunications/power failure). The party responsible for such breach shall use reasonable efforts to mitigate the breach and resume performance as soon as reasonably practicable.

Limitation of Liability

  • You expressly acknowledge and agree that IntuList shall not be liable for any direct, indirect, incidental, special, consequential, liquidated, or exemplary damages, including, but not limited to damages for lost profits, goodwill, use, data, or other intangible losses resulting from (i) the use or inability to use IntuList’s services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained through or from IntuList’s website; (iii) unauthorized access to or changes of Your data; (iv) statements or conduct of any third party on IntuList’s service or website; (v) any other matter relating to IntuList’s services.
  • IntuList’s liability to You for any damages or losses whether in tort, contract, negligence, or otherwise, shall not exceed that amount paid by Customer, if any, for Customer’s subscription during the twelve (12) months preceding the event that caused such loss.
  • You agree to indemnify, defend, and hold harmless IntuList and its officers, directors, employees, and agents from any third party claims, liability, damages, and attorneys’ fees and costs arising from (i) Your use of IntuList’s website and services; (ii) Your breach of this Agreement; (iii) the infringement of Your account by You or an unauthorized user; (iv) the violation of any of IntuList’s intellectual property rights; and (v) the violation of the rights of any other person or entity.

Miscellaneous

  • This Agreement, along with any sales transaction and any documents incorporated by reference herein, shall constitute the entire agreement between the Customer and IntuList and shall supersede any and all agreements, written or oral, concerning this matter.
  • This Agreement shall prevail over any additional terms regarding IntuList’s services which have not been approved by IntuList in writing.
  • If for any reason any of the provisions of this Agreement is held to be ineffective or unenforceable, such determination shall not affect the validity or enforceability of any other provision of this Agreement or the Agreement as a whole. If any part of this Agreement is held to be invalid, unenforceable, or unlawful, the remainder of this Agreement shall continue to be valid and enforceable to the fullest extent of the law.
  • This Agreement does not create an employer-employee relationship between IntuList and the Customer. Furthermore, IntuList shall not be deemed an agent of the Customer. Nothing in this Agreement is intended to create a partnership or joint venture between IntuList and the Customer.
  • Nothing contained in this Agreement is intended to confer any rights upon any third party.