Terms of Service

These Terms of Service (“Terms of Service” or “Terms”) are a legally binding agreement between you (“you” or “your”) and Propped.xyz, a subsidiary of Paragon Group, LLC (“Propped,” “we,” “our,” or “us”) governing your use of the Service and your relationship with us.

You accept and agree to these Terms of Service by:

• Accessing or using the Service;
• Clicking to accept these Terms of Service, or
• Accepting these Terms of Service in any other way.

If you do not agree to these Terms of Service, you shouldn’t access (and you don’t have our permission to access) the Service.

Important: Please note sections 7 and 8 of these Terms which include important information regarding Personal Information you provide to us or receive from us. Please also note section 11, which contains arbitration provisions that impact certain rights you might otherwise have regarding disputes.

We may modify these Terms of Service (except for section 11) in our sole discretion by posting updated versions of these Terms of Service on the Website or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms of Service on the Website or upon notice to you, as applicable.

1. Definitions

• “Account Information” means information provided by you to create, support, and maintain an account enabling access to the Service.
• “Propped Platform” means the software or other technology provided by us to you under these Terms. The Propped Platform does not include Third-Party Products.
• “Beta Services” means products, services, integrations, functionality, or features that Propped may make available to you to try at your discretion, which may be described as “alpha,” “beta,” “pilot,” “limited release,” “developer preview,” “non-production,” “early-stage”, or other similar descriptions.
• “Contributor Database” means the database of Personal Information and other business information which we make available, directly or indirectly, to you and to other Propped customers through the Propped Platform.
• “Output Data” means the information and other content or materials that are included in the Contributor Database or otherwise made available to you through the Propped Platform. Output Data is exclusive of the Submitted Data.
• “Order Form” means an ordering document, including an order receipt, related to your ordering of the Service and specifying the details of your subscription and any fees to be paid by you.
• “Personal Information” includes any substantially similar terms to “personal information” such as “personal data” or “personally identifiable information” and as to each, shall have the meaning given to such terms under applicable law.
• “Service” means the Output Data, the Service Metadata, the Contributor Database, the Propped Platform, the Beta Services, and any accompanying or related infrastructure, functionality, technology, or analytics, including any services or add-ons described in an Order Form.
• “Service Metadata” means information collected or inferred by us in the course of delivering emails (including without limitation information about deliverability and system operations) or otherwise providing the Service.
• “Submitted Data” means all data, information, text, recordings, and other content and materials that are collected, submitted, provided, or otherwise transmitted or stored by you in connection with your use of the Service. Submitted Data may vary depending on the products or features used as well as your particular use of such products or features.
• “Third-Party Products” means products, services, websites, applications, or other technology, and any related content, that you choose to integrate with or use in connection with the Service. Third-Party Products are not owned or operated by us.
• “UK/EU GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679) and equivalent requirements in the United Kingdom, including the Data Protection Act 2018 and the United Kingdom General Data Protection Regulation.
• “Website” means any website or webpage on which these Terms appear.

2. Your Account; Eligibility Restrictions; Beta Services; Third-Party Products

• Account Information: You will need to set up an account to access the Service, including to receive Output Data. You must provide accurate information and keep your contact information up to date.
• Eligibility Restrictions: Only your employees or service providers authorized by you can use the Service. You may not use the Service if you or any of your Authorized Users are a competitor of Propped.
• Account Security: You are responsible for maintaining the confidentiality and security of your Account Information and account credentials. You must notify us promptly of any security incidents.
• Beta Services: From time to time, Propped may offer you access to Beta Services, which are optional for you to use. Beta Services are provided “as is” without any warranty.
• Third-Party Products: You may use Third-Party Products in connection with the Service at your own risk. We are not responsible for Third-Party Products.

3. Account Types; Credits and Payment Terms

• Subscriptions or Customized Service Accounts: We offer services through paid accounts, such as monthly or annual subscriptions, or customized services.
• Paid and Unpaid Self-Serve Accounts: The Service may also be offered as a paid or unpaid account on a “self-serve” basis.
• Credits and Expiration of Credits: Credits purchased or obtained in connection with your use of the Service are subject to the rules and restrictions hereunder.
• Fair Use Policy: We offer unlimited email credit plans under a fair use policy to prevent abuse.
• Payment Terms: All paid accounts are subject to payment terms as set forth in an Order Form.

4. Term; Renewal Your subscription is for the initial service term as specified in the Order Form and shall be automatically renewed for additional periods of the same duration unless either party requests non-renewal.

5. Ownership of the Service; Your License to Use the Service

• Ownership: All rights, title, and interest in and to the Service and the Output Data are owned by us.
• License to You: Subject to your compliance with these Terms and any Order Forms, you are granted a non-exclusive, revocable, non-assignable, and non-sublicensable license to use the Service solely for your personal and/or internal business purposes.
• License Restrictions: You represent and warrant that you will comply with the following restrictions, including but not limited to not reselling or distributing the Service.

6. Ownership of the Submitted Data; Our License to Use and Share the Submitted Data

• Ownership: All rights, title, and interest in and to Submitted Data is owned by you.
• The Licenses You Grant to Us: You grant us a license to host, access, copy, use, transfer, and process the Submitted Data for the purpose of providing, developing, and improving the Service.

7. Required Consumer Consents and Permissions; Your Responsibilities

• Responsibility for Your Use of Output Data: You are solely responsible and liable for your use of the Output Data.
• Notice and Consent: You are responsible for obtaining necessary consents and providing notices required by law.
• Compliance with Law: You shall comply with all laws applicable to your use of the Service.

8. Data Privacy and Security

• Data Processing Agreement: The Propped Data Processing Agreement is hereby incorporated by reference into these Terms.
• Privacy Policy: You acknowledge the collection, use, disclosure, and other handling of information described in our Privacy Policy.

9. Disclaimers YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (AND ALL OUTPUT DATA PROVIDED THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED.

10. Limitation of Liability IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM UNDER OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL OF THE AMOUNT PAID BY YOU TO US DURING THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.

11. Arbitration, Class Action Waiver, and Applicable Law

• Arbitration and Class-Action Waiver: Any disputes shall be resolved by binding arbitration.
• Class Action Waiver: You agree that any claims shall be brought in your individual capacity only and not as a plaintiff or class member in any purported class or representative proceeding.
• Applicable Law: The Terms of Service and the relationship between us shall be governed by the laws of the State of California.

12. Indemnification You agree to indemnify, defend, and hold us harmless from any claims arising out of or in connection with your use of the Service or breach of these Terms.

13. Changes to the Service We may change the features and functionality of the Service at any time.

14. Confidentiality

• Confidential Information: From time to time, either Party may disclose Confidential Information.
• Obligations: Receiving Party will protect and safeguard the confidentiality of Disclosing Party’s Confidential Information.

15. Equitable Relief In the event of a breach of the Resale Restriction, we will be entitled to seek specific performance and injunctive or other equitable relief.

16. Miscellaneous

• Complete Agreement and Understanding: These Terms of Service are the entire agreement between us and you.
• Assignment: We may assign these Terms at our discretion.
• Severability: If any provision of these Terms is determined to be invalid, the remaining provisions shall remain valid.
• Waiver: No waiver of any obligation or right shall be effective unless in writing.
• Notice: Legal notices must be sent to support@propped.xyz.

17. Termination

• Termination for Cause: Either party may terminate these Terms for cause.
• Termination for Convenience: We may terminate these Terms for convenience by providing you at least thirty (30) days’ prior written notice.
• Effect of Termination: If these Terms terminate, you will no longer be authorized to access the Services.

18. Force Majeure We will not be liable for any failure to perform due to causes beyond our control.

19. Monitoring We may monitor the Service for any legitimate business purpose, including compliance with these Terms.

20. Licensing Information for A-La-Carte Lead Search Generation + Full Access

• A-La-Carte Lead Search Generation: Clients can purchase specific lead quantities and are granted access to download links for the purchased leads.
• Full Access: Clients opting for unlimited access packages can perform unlimited lead searches, limited to 50,000 records per search, with one search allowed every 24 hours.
• Lifetime License: Clients may also opt for a lifetime license, granting them lifetime access to our database under the terms specified in the License Agreement.
• Usage Rights: Clients are authorized to use the purchased data internally within their organization for legitimate business purposes.
• Restrictions: Clients are prohibited from reselling, redistributing, or sharing the data with any third party. Any unauthorized sharing will result in compensation owed to Propped.xyz for the price of a lifetime license for each recipient.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Propped.xyz
Email: support@propped.xyz