1. Agreement and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between ANALYSTT AI TECHNOLOGY PRIVATE LIMITED, a company incorporated under the provisions of the Companies Act, 2013, having its registered office at Pantomath Nucleus House, Saki Vihar Road, Andheri (East), Mumbai – 400072 ("Company", "Analystt.ai", "we", "our" or "us"), and the individual or legal entity accessing or using the Leadzen.ai Browser Extension (the "Extension") ("User", "you" or "your").
By installing, accessing, registering for, subscribing to or otherwise using the Extension, you acknowledge that you have read, understood and agree to be bound by these Terms, as amended from time to time. If you are accessing or using the Extension on behalf of a company, partnership or any other legal entity, you represent and warrant that you are duly authorised to bind such entity to these Terms, and references to "User", "you" or "your" shall include such entity.
If you do not agree to these Terms, you must immediately discontinue access to and use of the Extension.
The Company reserves the right to amend, modify or update these Terms at any time. Any modifications shall become effective upon publication through the Extension, the Company's website or by any other reasonable means of communication. Your continued access to or use of the Extension following the effective date of such modifications shall constitute your acceptance of the revised Terms.
These Terms shall be read together with the Company's Privacy Policy, which describes how Personal Data is collected, processed, stored, used and disclosed in connection with the Extension. In the event of any inconsistency relating to the processing of Personal Data, the Privacy Policy shall prevail to the extent of such inconsistency.
The User acknowledges and agrees that the collection, processing, storage, use and disclosure of Personal Data in connection with the Extension are governed by the Company's Privacy Policy, which forms an integral part of these Terms.
1.1 Definitions
For the purposes of these Terms, unless the context otherwise requires:
"Affiliates" means in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party.
"Applicable Data Protection Laws" means all applicable laws, regulations and legally binding requirements relating to the collection, use, processing, storage, disclosure, transfer, protection or security of Personal Data, including the Digital Personal Data Protection Act, 2023, and any other applicable data protection laws in relevant jurisdictions.
"Applicable Laws" means all applicable statutes, laws, rules, regulations, ordinances, notifications, governmental orders, judgments and legally binding requirements of any competent governmental, regulatory or judicial authority.
"Credits" means the usage credits allocated to or purchased by the User and consumed for unlocking, accessing or exporting data through the Extension.
"Exported Data" means any contact information, business information or other data that is unlocked, downloaded, exported or otherwise retrieved by the User through the Extension.
"Services" means the Leadzen.ai Browser Extension together with all related software, features, functionalities, APIs, updates, maintenance, support services and associated services provided by the Company.
"Subscription" means the paid subscription plan purchased by the User that authorises access to and use of the Extension and the Services for the applicable subscription period.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under the Applicable Data Protection Laws.
2. Licence Grant and Restrictions
2.1 Grant of Licence
Subject to the User maintaining a valid paid Subscription and complying with these Terms, the Company hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to install, access and use the Extension solely for the User's internal business purposes during the subsistence of the applicable Subscription.
This licence is granted exclusively for the purpose of enabling the User to access and use the features and functionality of the Extension in accordance with these Terms. The licence does not confer upon the User any ownership, title or proprietary interest in or to the Extension or any Intellectual Property Rights therein. All rights not expressly granted under these Terms are expressly reserved by the Company.
The User acknowledges that the Extension is licensed and not sold, and that the Company retains all right, title and interest, including all Intellectual Property Rights, in and to the Extension, its software, source code, object code, databases, documentation, algorithms, user interface, designs, trademarks, trade names, logos, APIs, updates, enhancements and all related technology.
2.2 Restrictions on Use
The User shall not, directly or indirectly, and shall not permit any third party to:
- (a)reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, algorithms, architecture or underlying technology of the Extension;
- (b)copy, reproduce, modify, adapt, translate, distribute, publish, display, assign, licence, sublicense, lease, rent, sell, resell or commercially exploit the Extension or any part thereof;
- (c)create derivative works based upon or incorporating the Extension or any portion thereof;
- (d)access or use the Extension for the purpose of developing, providing or supporting any product or service that competes with the Extension;
- (e)remove, alter, obscure or interfere with any copyright, trademark, proprietary notices or other intellectual property notices displayed on or contained within the Extension;
- (f)attempt to gain unauthorised access to the Extension, the Company's systems, servers, databases or networks, or interfere with the security, integrity or performance of the Extension;
- (g)use any automated software, bots, scripts, crawlers, spiders or similar technologies to access, extract or collect data from the Extension except as expressly permitted by the Company;
- (h)circumvent, disable or interfere with any authentication measures, security features, credit consumption mechanisms or technical restrictions implemented by the Company;
- (i)use the Extension in any manner that violates any Applicable Laws, infringes the rights of any third party or is fraudulent, misleading or otherwise unlawful; or
- (j)permit any unauthorised person to access or use the Extension through the User's Account.
2.3 Suspension or Termination of Licence
The licence granted under these Terms shall automatically terminate, without prejudice to any other rights or remedies available to the Company, upon the earliest of:
- (a)the expiry, suspension or termination of the User's Subscription;
- (b)the User committing a material breach of these Terms which is incapable of remedy or, if capable of remedy, is not remedied within the period specified by the Company after receipt of notice;
- (c)suspension or termination of the User's Account in accordance with these Terms;
- (d)discontinuation of the Extension or the relevant Services by the Company; or
- (e)any other circumstance in which the Company is entitled to terminate the User's access under these Terms or Applicable Laws.
Upon termination or expiry of the licence, the User shall immediately cease all access to and use of the Extension, uninstall the Extension from all devices under its control and cease exercising all rights granted under these Terms. Termination of the licence shall not affect any rights, obligations or liabilities accrued prior to such termination.
3. Intellectual Property Rights
3.1 Ownership
The Extension, together with all software, source code, object code, databases, algorithms, artificial intelligence models, machine learning models, designs, layouts, user interfaces, application programming interfaces (APIs), documentation, workflows, business processes, reports, content, trademarks, trade names, logos, service marks, domain names, trade secrets, know-how, confidential information, enhancements, modifications, updates and all other technology and materials made available through or forming part of the Extension (collectively, the "Intellectual Property") are and shall remain the exclusive property of the Company and/or its licensors, and are protected under applicable intellectual property laws.
Nothing contained in these Terms shall operate to transfer or assign to the User any ownership, title or proprietary interest in the Intellectual Property, except for the limited licence expressly granted under Clause 2.
3.2 Reservation of Rights
Except as expressly provided in these Terms, no licence, assignment, transfer or other right is granted to the User, whether by implication, estoppel or otherwise. The Company expressly reserves all rights, title and interests, including all present and future Intellectual Property Rights, in and to the Extension.
3.3 Feedback
If the User provides any suggestions, comments, recommendations, ideas, enhancement requests or other feedback relating to the Extension or the Services ("Feedback"), the User hereby grants to the Company a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable right to use, reproduce, modify, adapt, commercialise and otherwise exploit such Feedback without restriction or obligation to compensate the User.
3.4 Proprietary Notices
The User shall not remove, alter, obscure or modify any copyright, trademark, patent, confidentiality or other proprietary notices appearing on or within the Extension or any materials made available by the Company.
3.5 No Implied Rights
The User acknowledges that the Extension is licensed and not sold. No rights, title or interest in or to the Extension or any Intellectual Property Rights are transferred to the User except to the limited extent expressly provided under these Terms.
4. Third-Party Data and Content
4.1 Third-Party Data Providers
The Extension may enable the User to access, retrieve, display or otherwise receive contact information, business information and other data obtained from independent third-party data providers ("Third-Party Data Providers"). Such information is made available solely for the convenience of the User and is subject to the terms, conditions and policies of the relevant Third-Party Data Providers.
The Company does not own, create, verify, monitor or independently validate the accuracy, completeness, reliability, legality, timeliness or suitability of any information obtained from Third-Party Data Providers. The Company makes no representation, warranty or guarantee, whether express or implied, regarding the quality or accuracy of any third-party sourced information made available through the Extension.
The availability of any third-party information through the Extension shall not be construed as an endorsement, certification or recommendation by the Company of such information or of the relevant Third-Party Data Provider.
4.2 User Acknowledgement
The User acknowledges and agrees that any information obtained from Third-Party Data Providers is used entirely at the User's own discretion and risk. The User shall independently evaluate and verify the accuracy, completeness and suitability of such information before relying upon or using it for any commercial, legal or business purpose.
The Company shall not be responsible for any decision, action or omission taken by the User based on information obtained from Third-Party Data Providers.
4.3 Disclaimer of Liability
To the fullest extent permitted under Applicable Laws, the Company shall not be liable for any inaccuracies, errors, omissions, delays, interruptions, outdated information or other deficiencies in any information supplied by Third-Party Data Providers, nor for any loss, damage, liability, claim, cost or expense arising directly or indirectly from the User's reliance upon or use of such information.
Any dispute relating to the accuracy, completeness or lawfulness of information obtained from a Third-Party Data Provider shall be resolved directly between the User and the relevant Third-Party Data Provider. The Company shall not be responsible for resolving such disputes or for any acts or omissions of any Third-Party Data Provider.
5. User Responsibility for Exported Data
5.1 Ownership and Responsibility for Exported Data
The Extension operates on a credit-based access model whereby the User may unlock and export certain contact information, business information and other data made available through the Extension upon consumption of the applicable Credits.
Upon such export or download:
- (a)all rights, title, custody and responsibility in relation to the Exported Data shall immediately vest solely with the User;
- (b)the Company shall not retain any ownership or proprietary interest in the Exported Data, except to the limited extent that temporary retention is reasonably necessary for technical support, security, troubleshooting, audit, regulatory compliance or operation of the Services;
- (c)the User shall be solely responsible for the collection, storage, use, processing, disclosure, transfer, sharing, retention and deletion of the Exported Data; and
- (d)the User shall ensure that all use of the Exported Data complies with these Terms and all Applicable Laws.
5.2 User Compliance with Applicable Laws
The User acknowledges and agrees that, following export of any data from the Extension, the User shall bear sole responsibility for ensuring compliance with all Applicable Laws relating to the collection, storage, processing, disclosure, transfer and use of such data, including all Applicable Data Protection Laws.
Without limiting the foregoing, the User shall:
- (a)obtain all consents, permissions and lawful authorisations required under Applicable Laws;
- (b)establish and maintain appropriate privacy, information security and data governance measures;
- (c)comply with all obligations relating to the rights of data subjects or data principals, including requests relating to access, correction, erasure, withdrawal of consent or any other statutory rights, where applicable;
- (d)implement appropriate technical and organisational safeguards to protect the Exported Data against unauthorised access, disclosure, alteration or loss; and
- (e)ensure that the Exported Data is used solely for lawful and legitimate business purposes.
Where the User processes Personal Data relating to individuals located outside India, including within jurisdictions where foreign data protection laws apply, the User shall ensure compliance with such applicable laws to the extent required.
5.3 Disclaimer of Liability
To the maximum extent permitted under Applicable Laws, the Company shall not be responsible or liable for:
- (a)any breach or violation of Applicable Data Protection Laws arising from the User's handling, storage, processing, disclosure or use of the Exported Data;
- (b)any unauthorised disclosure, misuse, alteration or loss of the Exported Data after it has been exported by the User;
- (c)any infringement of third-party rights arising from the User's use of the Exported Data;
- (d)any regulatory investigation, enforcement action, penalty, fine, compensation, damages or costs arising from the User's failure to comply with Applicable Laws; or
- (e)any claim brought by any governmental authority, regulator, customer or third party arising out of the User's processing or use of the Exported Data.
5.4 Indemnity
The User shall indemnify, defend and hold harmless the Company and its Affiliates, directors, officers, employees, representatives and agents from and against any and all claims, actions, proceedings, liabilities, losses, damages, penalties, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with:
- (a)the User's breach of this Clause 5;
- (b)the User's failure to comply with Applicable Laws;
- (c)the User's processing or use of the Exported Data; or
- (d)any claim made by a regulatory authority or third party arising from the User's handling or use of the Exported Data after export from the Extension.
6. Confidentiality
The User acknowledges that, in connection with the use of the Extension and the Services, it may obtain access to confidential, proprietary or commercially sensitive information belonging to the Company, including but not limited to software, source code, technical information, documentation, product features, business processes, pricing, trade secrets, know-how and other non-public information ("Confidential Information").
The User shall:
- (a)keep all Confidential Information strictly confidential and use at least the same degree of care as it uses to protect its own confidential information, but in no event less than a reasonable degree of care;
- (b)use the Confidential Information solely for the purpose of accessing and using the Extension and the Services in accordance with these Terms; and
- (c)not disclose any Confidential Information to any third party except with the prior written consent of the Company or where disclosure is required by Applicable Laws or a competent court or regulatory authority.
The obligations under this Clause shall not apply to information that:
- (a)is or becomes publicly available through no breach of these Terms;
- (b)was lawfully known to the User prior to its disclosure by the Company;
- (c)is lawfully received from a third party without restriction on disclosure; or
- (d)is independently developed by the User without reference to the Company's Confidential Information.
The obligations under this Clause shall survive the termination or expiry of these Terms.
7. Service Updates and Modifications
The Company reserves the right, at its sole discretion and without incurring any liability, to update, modify, enhance, suspend or discontinue the Extension or any part of the Services, including introducing or removing features, implementing security patches, bug fixes and maintenance updates, and revising technical specifications, usage limits or access requirements.
Where reasonably practicable, the Company shall endeavour to provide prior notice of any material changes or permanent discontinuation of the Extension. However, the Company may implement immediate changes without prior notice where necessary for security, maintenance, operational reasons or compliance with Applicable Laws.
The User acknowledges that the Extension may evolve over time and agrees that continued use of the Extension following any update or modification constitutes acceptance of such changes, subject to these Terms.
8. Account Management and Subscription
Access to the Extension is subject to maintaining an active Subscription, providing accurate account information, maintaining the confidentiality of login credentials and complying with these Terms. The User is responsible for all activities carried out through its account. The Company may suspend or terminate access where it reasonably believes the User has breached these Terms, engaged in unauthorised or fraudulent activity, or where suspension is required for security, operational or legal reasons.
9. Fees and Payment
Access to the Extension and certain Services is subject to payment of the applicable Subscription fees. The User agrees to pay all fees in accordance with the Subscription plan selected by the User.
Unless otherwise expressly agreed in writing:
- (a)all Subscription fees are payable in advance and are non-refundable, except where required by Applicable Laws;
- (b)the User is responsible for the payment of all applicable taxes, duties, levies or similar governmental charges arising in connection with the Subscription, excluding taxes based on the Company's income;
- (c)failure to make payment when due may result in the suspension or termination of the User's access to the Extension and the Services without prejudice to any other rights or remedies available to the Company; and
- (d)the Company reserves the right to revise its Subscription fees or pricing structure from time to time. Any revised fees shall apply to new Subscription periods or renewals following reasonable prior notice to the User.
- (e)Cancellation of a Subscription shall not entitle the User to any refund for the current Subscription period unless otherwise required under Applicable Laws.
- (f)Unless cancelled prior to the renewal date, the Subscription may automatically renew for successive subscription periods and the applicable Subscription fees shall be charged accordingly, subject to the User's selected billing cycle.
10. Disclaimer of Warranties
The Extension and the Services are provided on an "as-is" and "as-available" basis. To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
The Company makes no warranty that the Extension will be error-free, uninterrupted, or free from viruses or harmful components. Your use of the Extension is at your sole risk.
The Company does not warrant that the Extension will meet the User's specific business requirements or that any data obtained through the Extension will be accurate, complete or suitable for any particular purpose.
11. Limitation of Liability
To the maximum extent permitted by Applicable Laws, the Company, its affiliates, directors, officers, employees, agents, licensors and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including, without limitation, loss of profits, revenue, business opportunities, goodwill, anticipated savings, data or business interruption, arising out of or in connection with the User's access to or use of the Extension or the Services, whether arising in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages.
To the fullest extent permitted by Applicable Laws, the aggregate liability of the Company arising out of or relating to these Terms, the Extension or the Services, whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed the total subscription fees actually paid by the User to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under Applicable Laws, including liability arising from fraud, fraudulent misrepresentation, wilful misconduct or any other liability that cannot lawfully be excluded or limited.
12. Indemnification
The User shall indemnify, defend and hold harmless the Company, its Affiliates, directors, officers, employees, representatives, licensors and agents from and against any and all claims, actions, proceedings, liabilities, losses, damages, penalties, fines, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with:
- (a)the User's breach of these Terms;
- (b)the User's violation of any Applicable Laws;
- (c)the User's infringement or violation of any third-party rights, including Intellectual Property Rights or privacy rights;
- (d)the User's misuse, unauthorised use or unlawful use of the Extension or the Services;
- (e)the User's processing, storage, disclosure or use of Exported Data in violation of Applicable Laws; or
- (f)any negligence, fraud or wilful misconduct on the part of the User.
13. Termination
Either party may terminate the User's access to the Extension in accordance with these Terms. Without prejudice to any other rights or remedies available to the Company, the Company may suspend or terminate the User's Account or access to the Extension immediately, with or without notice, where:
- (a)the User's Subscription expires, is cancelled or is otherwise terminated;
- (b)the User commits a material breach of these Terms which is incapable of remedy or, if capable of remedy, is not remedied within the period specified by the Company after receiving notice;
- (c)the User engages in any fraudulent, unlawful or unauthorised use of the Extension;
- (d)the Company is required to do so to comply with Applicable Laws or a regulatory or governmental direction; or
- (e)the Company discontinues or permanently withdraws the Extension or the Services.
Upon termination or expiry:
- (a)all rights and licences granted to the User under these Terms shall immediately cease;
- (b)the User shall immediately discontinue all access to and use of the Extension and uninstall it from all devices under its control;
- (c)any outstanding payment obligations of the User shall remain payable; and
- (d)termination shall not affect any rights, obligations or liabilities accrued prior to the date of termination.
The provisions relating to Intellectual Property Rights, User Responsibility for Exported Data, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and any other provisions which by their nature are intended to survive termination, shall survive the termination or expiry of these Terms.
14. Force Majeure
The Company shall not be liable for any delay, interruption or failure in performing any of its obligations under these Terms to the extent such delay, interruption or failure results from events beyond its reasonable control, including acts of God, natural disasters, floods, fires, earthquakes, epidemics, pandemics, war, terrorism, civil unrest, strikes, labour disputes, governmental actions, changes in Applicable Laws, failures of telecommunications or internet service providers, cyberattacks, power outages or failures of third-party service providers.
Where reasonably practicable, the Company shall use commercially reasonable efforts to mitigate the effects of such event and resume performance as soon as reasonably possible.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the courts located in Mumbai, India for resolution of any disputes arising under these Terms.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between the User and the Company with respect to the Extension and the Services and supersede all prior or contemporaneous understandings, negotiations, representations and agreements, whether oral or written.
18. Contact Information
For any questions regarding these Terms, please contact:
ANALYSTT AI TECHNOLOGY PRIVATE LIMITED
Pantomath Nucleus House,
Saki Vihar Road,
Andheri (East),
Mumbai – 400072,
Maharashtra, India
Email: support@leadzen.ai
19. Notices
Any notices or communications under these Terms may be provided electronically, including by email, through the Extension, or by publication on the Company's website, and shall be deemed received upon transmission or publication, as applicable.