Terms of Use

Effective Date: January 2025

Welcome to ZapFive ("Website"). These Terms of Use ("Terms") govern your access to and use of the Website and our qualified prospect data services. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

1. Acceptance of Terms

By accessing or using the Website, you affirm that you are at least 18 years of age and capable of entering into a legally binding agreement. If you are using the Website on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2. Modifications to Terms

We reserve the right to modify or update these Terms at any time. We will notify you of any changes by posting the new Terms on the Website and revising the "Effective Date" at the top. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.

3. Services Description

ZapFive provides pre-qualified consumer prospect data services to businesses operating in Canada. Our services include:

  • Delivery of pre-verified consumer prospect information
  • Intent-based qualification and categorization
  • Real-time prospect delivery via various integration methods
  • Geographic and demographic targeting options

4. Use of the Website

4.1 Business Users

Business users may use the Website to learn about our services and request prospect data. By using the Website, you agree to:

  • Provide accurate, current, and complete information as prompted by our contact and registration forms.
  • Maintain the security of any account credentials and accept responsibility for all activities that occur under your account.
  • Use prospect data obtained through our services only for legitimate business purposes and in compliance with applicable laws.
  • Not use the Website for any unlawful purpose or in any way that could harm or impair others or the Website itself.

4.2 Data Usage Requirements

Users who receive prospect data through ZapFive agree to:

  • Contact prospects only for the purposes disclosed at the time of consent collection.
  • Honour all opt-out and do-not-contact requests promptly.
  • Not resell, redistribute, or share prospect data with third parties without express authorization.
  • Maintain appropriate data security measures to protect prospect information.
  • Comply with all applicable Canadian privacy laws, including PIPEDA.

5. User Conduct

You agree not to engage in any of the following activities:

  • Submitting any false, misleading, or inaccurate information.
  • Impersonating any person or entity.
  • Posting content that is defamatory, obscene, offensive, or violates any law or the rights of any third party.
  • Engaging in any activity that disrupts or interferes with the Website or its servers.
  • Attempting to gain unauthorized access to any portion of the Website or its systems.
  • Using automated scripts, bots, or other tools to access the Website without permission.

6. Intellectual Property

All content on the Website, including text, graphics, logos, and software, is the property of ZapFive or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content on the Website without our express written permission.

7. Privacy Policy

Your use of the Website is also governed by our Privacy Policy. By using the Website, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

8. Disclaimers and Limitation of Liability

8.1 Disclaimers

The Website and services are provided on an "as is" and "as available" basis. We do not guarantee the accuracy, completeness, or reliability of any prospect data or other content. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation of Liability

In no event shall ZapFive, its affiliates, or their respective directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Website or services, or inability to use the Website or services, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless ZapFive, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Website or services, or your violation of these Terms.

10. Termination

We reserve the right to terminate or suspend your access to the Website or services, without notice, for conduct that we believe violates these Terms, is harmful to other users or our business, or for any other reason in our sole discretion.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Toronto, Ontario, and you consent to the jurisdiction of such courts.

12. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and ZapFive regarding your use of the Website and services.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13. Contact Us

If you have any questions about these Terms, please contact us at:

ZapFive
Email: [email protected]
Toronto, Ontario, Canada