By clicking “Accept” and registering for any of Webbula’s services, accepting these Terms of Service in another manner we provide, or otherwise accessing any Webbula services, you agree to be bound by these Terms of Service.

These Terms of Service constitute an enforceable agreement between you (“Client”) and Webbula, Inc. (“Webbula,” “we,” “us,” or “our”).

If you do not wish to be bound by these Terms of Service, you may not access or use Webbula services.

If you wish to resell or relicense Webbula’s services or data, please contact Webbula at:

sales@webbula.com
or call 1-888-993-2285

1. Definitions

Affiliate
Any entity that controls, is controlled by, or is under common control with a Party.

Append Data
Data provided by Webbula to Client that augments, corrects, or enhances Submission Data.

Examples include:

• interest data

• demographic data

• scoring data

• data hygiene results

Services
All services provided by Webbula including Append Data, reports, and data outputs.

Submission Data
Data submitted by Client to Webbula for processing.

2. Payment, Rates, and Taxes

Payment and Rates

Client agrees to pay Webbula according to the current Webbula Rate Schedule.

Rates may be adjusted annually with 30 days’ notice.

Invoices

Webbula will:

• invoice the Client, or

• charge the Client’s payment card on file.

Invoices must be paid within 30 days.

Disputes must be submitted within 7 days of invoice receipt.

Late payments may incur:

• 1.5% monthly interest

• reasonable collection costs

• attorney fees if required

Taxes

Client is responsible for all applicable sales and use taxes.

3. Changes to Services

Webbula may change services at its sole discretion and may introduce additional formatting requirements for Submission Data.

4. No Refunds

Webbula services are non-refundable.

5. Service Credits

When clients pre-pay for services:

• credits are added to the account

• credits represent access licenses to Webbula services

Accounts inactive for 1 month may be closed and remaining credits forfeited.

6. Term and Termination

These Terms begin when the Client first accesses or registers for services.

Initial term: 1 month

The agreement renews monthly unless terminated by either party.

Termination may occur at any time.

Upon termination:

• all outstanding balances must be paid

• Append Data must be deleted when required.

7. Data Deletion Upon Termination

Within 30 days of termination, Client must delete all Webbula data from all systems.

Upon request, Client must certify deletion in writing.

Failure to certify may result in additional licensing fees.

8. Proprietary Rights

Ownership remains as follows:

Webbula owns:

• Append Data

• technology used to generate the data

• systems and tools

Client owns:

• Submission Data

9. Residual Knowledge

Webbula may retain operational insights derived from processing data, provided that Submission Data itself is not retained.

Customer data files may be automatically deleted 7 days after intake.

10. Representations and Warranties

Each Party represents that:

• it has legal authority to provide and use its data

• it has the authority to enter into this agreement.

Webbula Warranty

Webbula will only use Submission Data as permitted and will not sell Submission Data under CCPA definitions.

Client Warranty

Client agrees not to use Webbula services in violation of:

• GDPR

• CCPA

• FCRA

• CAN-SPAM

• applicable laws

11. License and Use Restrictions

Webbula grants a non-transferable, non-exclusive license to use Append Data during the agreement term.

Restrictions include:

No Resale

Append Data cannot be:

• sold

• rented

• sublicensed

• redistributed

Reseller arrangements require written approval.

Restricted Marketing

Append Data may not be used to promote:

• illegal activities

• pornography

• firearms

• tobacco products

• hate speech

• trademark violations

CAN-SPAM Compliance

Emails must include:

• working unsubscribe option

• sender identification

• no misleading content

Wireless Phone Numbers

Client must comply with laws including:

• TCPA

• FTC Telemarketing Sales Rule

• Do-Not-Call regulations

12. Information Security Requirements

Client must maintain reasonable safeguards including:

• administrative controls

• technical protections

• physical safeguards

Client must notify Webbula within 48 hours if data is compromised.

13. Additional Privacy Restrictions

Both parties agree to:

• provide legally required consumer notices

• honor opt-out requests

• comply with CCPA and state privacy laws

Webbula may audit compliance if necessary.

14. Disclaimer of Warranties

Append Data is provided “as-is.”

Webbula makes no warranties regarding:

• accuracy

• completeness

• merchantability

• fitness for a particular purpose.

Liability is limited to the amount paid for services.

Webbula is not liable for:

• indirect damages

• lost revenue

• consequential losses.

15. Indemnification

Client agrees to indemnify Webbula against claims arising from misuse of services or violation of law.

Webbula agrees to indemnify Client for claims arising from Webbula’s gross negligence.

16. FCRA Restrictions

Webbula is not a consumer reporting agency.

Webbula data may not be used for:

• credit decisions

• employment screening

• tenant screening

• insurance eligibility

• consumer reports

Clients may not take adverse action against consumers based on Webbula data.

17. Confidentiality

Both parties must protect confidential information including:

• Submission Data

• Append Data

• proprietary business information

Disclosure is limited to employees or contractors with a legitimate need to know.

18. Injunctive Relief

Webbula may seek injunctive relief if Client breaches licensing restrictions.

19. Governing Law

These Terms are governed by the laws of Pennsylvania.

All disputes must be resolved in courts located in Allegheny County, Pennsylvania.

Rate Schedule

By registering for Webbula services, you agree to the pricing terms described in the Rate Schedule.

Schedule A — emailHygiene Pricing

A Record = one email address.

Each processed record consumes one credit.

Pricing is based on the volume commitment table available in the client portal.

Schedule B — leadHygiene Pricing

A Record may include:

• name

• postal address

• phone number

Pricing: $0.002 per record

The above leadHygiene cost does not include emailHygiene Services. If the Client requests both leadHygiene and emailHygiene services for the same Record, additional fees outlined in Schedule A will apply.

Each leadHygiene credit enables the processing of one (1) Record.