1. Acceptance of Terms
By accessing and using the website DEXPORI.COM (“the Website”), purchasing the “German Export Advantage Database” or any related digital product (“the Database” or “the Service”) from DEXPORI.COM (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not purchase or use the Database or the Service.
3. The Service and Purchase
a. Product: The Company sells the Database, which is a collection of compiled business contact information, including emails and phone numbers, targeting specific professional roles (e.g., purchasing managers) in a defined market (e.g., German beverage imports).
b. Delivery: Upon successful payment, the Database will be delivered immediately to the User via digital download or a secure, permanent access link. Due to the nature of digital data products, the sale is final upon delivery.
c. Guarantee & Updates: The Company commits to an accuracy rate of [e.g., above 90%] for the contacts at the time of purchase. Furthermore, the Company offers complimentary updates and verifications for the Database for a period of six (6) months following the purchase date. This guarantee is limited to replacing inaccurate contacts and does not entitle the User to a refund.
4. License and Permitted Use (Crucial Data Clause)
a. Grant of License: Upon purchase, the Company grants the User a limited, non-exclusive, non-sublicensable, and non-transferable license to use the Database solely for the User’s internal business development and marketing purposes.
b. Internal Use Only: The Database is licensed for use by the purchasing entity and its employees only for direct outreach and integration into the User’s Customer Relationship Management (CRM) system.
c. Prohibited Uses: The User agrees they shall not directly or indirectly: i. Resell, redistribute, sublicense, lease, lend, share, or transfer the Database or any portion of its Content to any third party. ii. Use the Database to create a competing product or service. iii. Post, publish, or disclose any individual contact records from the Database publicly (e.g., on websites, forums, or social media). iv. Use the Database in any manner that violates applicable laws or regulations, including but not limited to anti-spam laws, privacy laws, and telemarketing regulations in the jurisdictions where the contacts reside (e.g., Germany/EU).
5. Payment, Fees, and Refunds
a. Pricing: The price for the Database is listed on the Website at the time of purchase and is subject to change without prior notice (though not affecting completed purchases).
b. No Refunds: Given the immediate, irrevocable nature of digital data delivery, all sales are final, and no refunds will be issued once the Database has been successfully delivered or accessed, except as required by applicable consumer law.
6. Links to Other Sites
a. Ownership: All intellectual property rights in the Website, the Service, and the compiled Database (the selection, coordination, and arrangement of the data) are the exclusive property of DEXPORI.COM.
b. Data Source: The Company asserts that the Database content is legally and ethically sourced and is the result of proprietary research and compilation.
7. Data Protection and User Responsibility (GDPR Compliance)
a. GDPR Commitment: The Company confirms its intent to adhere to relevant data protection laws, including the European General Data Protection Regulation (GDPR), in the sourcing and compilation of the Database.
b. User as Data Controller: The User acknowledges that upon receiving the Database, the User becomes an independent Data Controller (or similar designation) with respect to the contact data.
c. User Obligation: The User is solely responsible for ensuring that their use, storage, processing, and communication with the contacts in the Database comply with all applicable laws, including, but not limited to, the GDPR and national laws in the target market (e.g., Germany). This includes obligations related to: i. Establishing a lawful basis for processing (e.g., legitimate interest). ii. Providing necessary privacy information (e.g., notice of processing). iii. Honoring opt-out and data subject rights requests (e.g., right to erasure).
8. Disclaimer of Warranties
The Database and the Service are provided on an “as is” and “as available” basis, except for the express accuracy guarantee provided in Section 3(c). The Company makes no representations or warranties of any kind, express or implied, regarding:
– The completeness, reliability, or future accuracy of the contact data beyond the six-month guarantee period.
– The User’s ability to achieve specific business results, sales, or profits by using the Database.
9. Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your use of or inability to use the Database; (b) any errors or inaccuracies in the Database beyond the 6-month guarantee; (c) the cost of procurement of substitute goods or services; or (d) any claims arising from your failure to comply with data protection laws while using the Database.
In no event shall the Company’s total liability to you for all damages exceed the amount paid by you to the Company for the specific Database purchase.
10. Indemnification
You agree to indemnify, defend, and hold harmless DEXPORI.COM, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to your breach of these Terms, particularly your misuse or unauthorized distribution of the Database.
11. Termination
The Company reserves the right to terminate the User’s license to the Database immediately and without notice if the User breaches any of these Terms, particularly the Prohibited Uses in Section 4(c). Upon termination, the User must immediately cease using the Database and permanently delete all copies of the Database and its Content from all systems.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of law principles.
You agree that any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts located in Lithuania.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will post the most current version on the Website. Your continued use of the Database or the Service after a modification constitutes your acceptance of the revised Terms.
Contact Information
14. Contact Information
If you have any questions about these Terms, please contact us at:
Email: hello@nextconnector.com
Address: Krausenstrasse 9, 10117 Berlin, Germany