Terms & Conditions
These Terms & Conditions govern access to and use of Data Fox websites, B2B databases, business contact data, custom data projects and related services.
Please Review These Terms
These Terms should be read together with the applicable quote, proposal, invoice, order confirmation and Data Fox policies relevant to your purchase or use.
A specific quote, proposal, invoice, order confirmation or signed agreement may contain additional or different commercial terms. Where an expressly agreed written term conflicts with these general Terms, the more specific written term applicable to that transaction will control to the extent of the conflict.
Acceptance of These Terms
These Terms apply to persons and organizations that access, purchase, download, receive or use Data Fox products, databases, custom data services or related deliverables.
You may be considered to have accepted applicable terms when you take actions such as:
- Accepting a Data Fox quotation or proposal;
- Submitting or confirming an order;
- Paying an invoice;
- Checking an electronic box indicating acceptance where such a mechanism is provided;
- Accessing or downloading a purchased deliverable;
- Using a Data Fox product or service after applicable terms have been presented.
If you are accepting these Terms for an organization, you represent that you are authorized to act for that organization in connection with the relevant transaction.
Data Fox Services
Data Fox provides business-to-business information, research and data services. Depending on the project, services may include:
The exact scope of a project, available fields, database quantity, format, price and delivery terms are determined by the applicable order, quote, proposal or written confirmation.
Quotes, Proposals & Orders
Quotes and preliminary database counts may be based on the targeting criteria provided by the customer and the information available when the estimate is prepared.
A quote or order may specify:
- Target industry;
- Target job titles and seniority;
- Geographic coverage;
- Company criteria;
- Estimated or agreed record quantity;
- Available data fields;
- Delivery format;
- Price and currency;
- Delivery expectations;
- Any project-specific terms.
Pricing & Payment
Pricing is based on the applicable quote, invoice, proposal or order confirmation.
Unless otherwise stated in writing:
- Prices are stated in the currency identified in the applicable order or invoice;
- Applicable taxes, transaction charges or legally required fees may be added where appropriate;
- Payment requirements are those shown in the relevant invoice, quote or order;
- Data Fox may delay project commencement or delivery while an agreed payment remains outstanding.
Customers are responsible for providing accurate billing and contact information relating to their order.
Refunds, Cancellations & Custom Data Orders
Refund and cancellation eligibility can depend on the nature of the product, whether custom research or data preparation has begun, whether a deliverable has already been provided and any terms stated in the applicable quote, proposal, invoice or order confirmation.
Customers should review any project-specific cancellation, refund, correction or replacement terms before confirming an order.
Where a written order or agreement contains a specific refund or cancellation provision, that provision applies to the relevant transaction.
License to Use Data Fox Data
Unless a written order or agreement expressly provides otherwise, Data Fox grants the purchasing customer a limited, non-exclusive and non-transferable right to use the applicable deliverable for the customer's legitimate internal business purposes and subject to these Terms.
Any project-specific rights relating to single use, multiple use, campaign duration, affiliated entities, agencies or other usage arrangements should be stated in the applicable order or agreement.
No rights are granted beyond those reasonably necessary for the permitted customer use or expressly stated in writing.
Ownership & Intellectual Property
Purchasing or receiving a Data Fox deliverable does not transfer ownership of Data Fox's website, trademarks, branding, software, templates, research processes, database structures, proprietary methods or other intellectual property.
Data Fox and its licensors retain their respective rights in intellectual property except for the specific usage rights expressly granted to a customer.
Customers retain ownership of their own trademarks, proprietary materials and information supplied to Data Fox for a project.
Restrictions on Resale & Sharing
Unless expressly authorized in writing, a customer must not:
Reasonable access may be provided to authorized employees, contractors or service providers where necessary for the customer's permitted internal business use and subject to appropriate controls.
View Acceptable Use Policy →Customer Responsibilities
Customers are responsible for their own use of Data Fox products and services.
Provide accurate targeting and project requirements.
Review agreed audience criteria and available fields.
Use Data Fox information only for permitted purposes.
Evaluate legal requirements relevant to outreach.
Maintain applicable unsubscribe and suppression records.
Protect delivered files from unauthorized access.
Restrict access to authorized personnel.
Avoid prohibited, fraudulent or abusive uses.
Outreach & Marketing Compliance
Data Fox provides business information and related services but does not determine whether every proposed communication is lawful for every customer, recipient, campaign or jurisdiction.
Customers remain responsible for evaluating requirements applicable to activities such as:
- Commercial email;
- Telephone outreach;
- SMS and text messaging;
- Direct marketing;
- Automated communications;
- Consent requirements;
- Unsubscribe mechanisms;
- Suppression lists;
- Other applicable communications requirements.
Delivery of Data & Services
Delivery methods, formats and timing depend on the applicable project.
Deliverables may be provided through an agreed electronic method and in formats such as CSV, XLSX or another agreed format where supported.
Estimated delivery dates are estimates unless a written agreement expressly states that a particular deadline is binding.
Customers are responsible for providing an accurate delivery email address or other delivery information and for storing received files appropriately.
Data Verification & Changing Business Information
Depending on the project, Data Fox may apply processes such as research, source review, standardization, verification, duplicate removal, suppression checks and final quality review.
Business information can change after research, verification or delivery. Professionals change employers, job titles and contact information, while companies may relocate, restructure, merge or change business characteristics.
Data Review Can Help
- Standardize fields
- Identify duplicates
- Review target alignment
- Identify certain invalid information
Data Review Does Not Guarantee
- Permanent accuracy
- Permanent email deliverability
- Recipient responses
- Sales or campaign results
Samples, Estimates & Database Counts
Sample records may be provided to help a prospective customer evaluate database structure, available fields and general targeting alignment.
Unless expressly stated otherwise:
- A sample does not represent every record in a full database;
- Not every field will necessarily be available on every record;
- Preliminary database counts may be estimates;
- Final counts can change after deduplication, verification or project-specific exclusions;
- A sample does not guarantee marketing or sales results.
Data Quality Concerns
If a customer believes that a delivered database contains a material issue, the customer should provide enough information for Data Fox to review the concern.
Helpful information may include:
- Order or invoice reference;
- Relevant file or database name;
- Specific affected records;
- Description of the reported issue;
- Supporting information where reasonably available.
Data Fox will review reported quality concerns according to the applicable project terms and the circumstances of the issue.
Any project-specific replacement, correction, credit or other remedy is governed by the applicable written order, agreement or expressly stated policy.
Privacy & Data Protection
Data Fox's website and business privacy practices are described in the Data Fox Privacy Policy.
Individuals may use the Data Fox privacy request process to submit applicable opt-out, suppression, deletion, correction or access requests.
Confidential Information
During a business relationship, either party may provide the other with non-public business information that is confidential by its nature or circumstances.
Recipients of confidential information should use reasonable care to protect it and use it only for the purpose for which it was provided, except where disclosure is authorized, required by law or otherwise permitted by an applicable agreement.
Confidential information generally does not include information that is lawfully public, independently developed without use of the confidential information, or lawfully received from another source without an applicable confidentiality obligation.
Suspension & Termination
Data Fox may restrict, suspend or terminate access to services where reasonably appropriate in circumstances such as:
Any termination rights applying to a specific order or continuing service are also subject to the relevant written agreement.
Service & Data Disclaimers
Data Fox aims to prepare useful business information according to the applicable project requirements, but business data is inherently subject to change.
Unless expressly promised in a specific written agreement, Data Fox does not guarantee:
- That every field will exist on every record;
- That business information will never change;
- Permanent email deliverability;
- That every contact will respond;
- A specific conversion rate;
- A specific number of sales;
- A particular return on investment;
- A particular campaign outcome.
Nothing in these Terms excludes any warranty, right or obligation that cannot legally be excluded.
Liability
Customers are responsible for decisions they make using Data Fox information, including campaign strategy, messaging, legal compliance, outreach methods and operational use.
To the extent permitted by applicable law and any applicable written agreement, Data Fox is not responsible for losses resulting solely from:
- Customer misuse of delivered information;
- Unlawful customer outreach;
- Customer failure to maintain applicable suppression or opt-out records;
- Unauthorized resale or redistribution by a customer;
- Changes to third-party business information after delivery;
- Campaign performance decisions controlled by the customer.
Any specific monetary liability limitation or liability cap applicable to a transaction is governed by the relevant written order, agreement or other expressly accepted contractual term.
Disputes & Governing Terms
If a quote, order, signed agreement or other expressly accepted contract contains governing-law, venue, arbitration or dispute-resolution terms, those terms apply to the relevant transaction.
Where no specific dispute provision has been agreed, the parties should first make a reasonable attempt to resolve a commercial dispute through direct communication before pursuing available legal remedies.
These general website Terms do not create a separate arbitration requirement, jury-trial waiver or fixed governing-law clause unless such a provision is expressly agreed for the relevant transaction.
General Contract Terms
Severability
If a provision of these Terms is determined to be unenforceable, the remaining provisions should continue to apply to the extent permitted by law.
No Waiver
A party's failure to enforce a provision on one occasion does not necessarily waive its right to enforce that provision later.
Assignment
Rights or obligations under a specific commercial agreement may be assigned only as permitted by that agreement and applicable law.
Entire Agreement
These Terms, together with the applicable quote, proposal, invoice, order confirmation and incorporated policies, form the agreement relating to the applicable transaction unless a separate signed agreement states otherwise.
Electronic Communications
Customers may receive quotes, invoices, order confirmations, policy notices and other business communications electronically.
Events Beyond Reasonable Control
A party may not be responsible for delays caused by events reasonably beyond its control to the extent provided by applicable law or the applicable agreement.
Changes to These Terms
Data Fox may update these Terms to reflect changes in services, business practices or applicable requirements. The updated version will display a revised Last Updated date.
Contact Data Fox
Questions relating to these Terms & Conditions may be directed to Data Fox.
Bernalillo County
Albuquerque, NM 87110
USA
Data Fox may use project-specific quotes, invoices, proposals or agreements to define commercial terms for individual transactions. Those documents should be reviewed together with these general Terms before an order is confirmed.
