Terms of Service

1Acceptance of Terms

Your access to and use of ELP Data's services is conditioned upon your acceptance of and compliance with these Terms of Service. These Terms apply to all visitors, users, and others who access or use our services in any capacity, whether as a trial user, paying customer, or authorized representative of a business entity.

By clicking "I Agree," completing a registration form, placing an order, or accessing any data product or service provided by ELP Data, you confirm that you are at least 18 years of age, have the legal capacity to enter into a binding contract, and accept all of the terms and conditions set forth in this agreement. If you are acting on behalf of a business entity, you further represent that you are duly authorized to bind such entity to these Terms.

These Terms, together with any applicable Order Forms, Data License Agreements, Non-Disclosure Agreements, and our Privacy Policy, constitute the entire agreement between you and ELP Data with respect to the subject matter herein. In the event of any conflict between these Terms and a separately executed written agreement, the separately executed agreement shall control to the extent of the conflict.

2Description of Services

ELP Data provides a suite of B2B data intelligence services, including but not limited to: technology user lists and installed base data, industry-specific email lists and contact databases, executive and decision-maker contact records, data enrichment and verification services, account-based marketing (ABM) data solutions, and custom research and data delivery services.

Our data products include company names, contact names and job titles, professional email addresses, direct dial phone numbers, company size and revenue data, technology stack information, industry classification codes, geographic location data, and other business intelligence attributes. All data is sourced from legitimate, publicly available, and licensed sources and is maintained to a minimum 97% accuracy standard.

ELP Data delivers data products in standard digital formats including CSV, Excel, and JSON. Delivery timelines vary by product type and volume, with standard delivery within 24-48 business hours for catalog products and custom research timelines agreed upon at order placement. ELP Data reserves the right to modify, suspend, or discontinue any service with reasonable notice to affected customers.

We do not guarantee that our services will be error-free, uninterrupted, or completely accurate at all times. We strive to maintain the highest standards of data quality and service availability, but technology and data environments are subject to change. Our accuracy guarantee and service level commitments are specified in applicable Order Forms and Data License Agreements.

3Data Licensing Terms

All data products delivered by ELP Data are provided under a non-exclusive, non-transferable license for your internal business use only. The scope of permitted use is defined in the applicable Order Form or Data License Agreement. Standard licenses permit use by the purchasing organization for legitimate B2B sales, marketing, and business development purposes.

You may not sublicense, resell, redistribute, or make ELP Data products available to any third party without our prior written consent. You may not combine ELP Data products with data from other sources to create derivative products for resale. You may not use our data to build, train, or enhance any competing data product or artificial intelligence system without a separate written agreement.

License terms are specific to the quantity, geography, and use case specified in your order. Use of data beyond the licensed scope — including using data for purposes not specified, sharing with unauthorized users, or exceeding licensed contact volumes — constitutes a material breach of these Terms and may result in immediate termination of your license and additional charges.

ELP Data retains all intellectual property rights in our data products, methodologies, platform, and associated materials. Your license to use data products does not constitute a transfer of any intellectual property rights. All right, title, and interest in our proprietary data assets, compilation methods, and analytics tools remain exclusively with ELP Data.

4Acceptable Use Policy

ELP Data products and services may only be used for lawful business purposes in compliance with all applicable laws, including anti-spam laws (CAN-SPAM, CASL, GDPR email marketing requirements), data protection regulations, and industry-specific compliance requirements. You are solely responsible for ensuring your use of our data complies with all applicable legal requirements.

ELP Data reserves the right to investigate suspected violations of this Acceptable Use Policy and to suspend or terminate access to our services if a violation is suspected or confirmed. We cooperate with law enforcement agencies and may disclose information about users when legally required. Violations may also result in civil or criminal liability for the offending party.

5Payment Terms

Payment for ELP Data products and services is due as specified in the applicable Order Form. Standard payment terms are net 30 days from the invoice date unless otherwise agreed in writing. All amounts are stated in United States Dollars (USD) unless otherwise specified. We accept payment by credit card, ACH bank transfer, and wire transfer.

All fees are non-refundable unless otherwise expressly stated in writing or required by applicable law. Data products that have been delivered and downloaded are considered fully consumed and non-refundable. If you believe a product was delivered in error or does not match the agreed specifications, please contact us within 14 days of delivery to initiate a review.

Overdue payments are subject to a late payment fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance. ELP Data reserves the right to suspend access to services and withhold future deliveries for accounts with overdue balances. You are responsible for any collection costs, including reasonable attorneys' fees, incurred in recovering overdue amounts.

All prices are subject to applicable taxes. If ELP Data is required to collect sales tax, VAT, or other taxes on your purchase, those amounts will be added to your invoice. You are responsible for any taxes applicable to your purchase beyond what ELP Data is required by law to collect. Tax-exempt customers must provide valid exemption certificates before invoicing.

6Intellectual Property

The ELP Data website, platform, brand, logos, trade names, product names, service names, data compilation methodologies, software, and all related materials are the exclusive intellectual property of ELP Data and are protected by copyright, trademark, trade secret, and other applicable intellectual property laws in the United States and internationally.

Nothing in these Terms grants you any right, title, or interest in ELP Data's intellectual property beyond the limited license explicitly granted herein. You may not copy, reproduce, distribute, create derivative works from, reverse engineer, decompile, or otherwise exploit our intellectual property without our prior written consent.

If you believe any content on our website infringes your intellectual property rights, please contact us at info@elpdata.com with a detailed description of the alleged infringement. We take intellectual property rights seriously and will investigate all legitimate claims promptly. ELP Data respects the intellectual property rights of others and expects our users to do the same.

7Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELP DATA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ELP DATA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO ELP DATA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain types of liability, so some of the above limitations may not apply to you. In such jurisdictions, ELP Data's liability shall be limited to the greatest extent permitted by applicable law. The limitations of liability in these Terms are a fundamental element of the basis of the agreement between ELP Data and you, and ELP Data would not be able to provide services to you without these limitations.

8Indemnification

You agree to defend, indemnify, and hold harmless ELP Data and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of our services, your violation of these Terms, your violation of any third-party rights, or your use of ELP Data products in a manner that violates applicable law.

ELP Data reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ELP Data in asserting any available defenses. You will not settle any claim without ELP Data's prior written consent if such settlement imposes any obligation or restriction on ELP Data or involves an admission of fault by ELP Data.

9Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Subject to the arbitration agreement set forth in Section 10, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any legal action or proceeding arising out of or related to these Terms or your use of our services. If you are accessing our services from outside the United States, you agree that regardless of where you are located, your use of our services is governed by these Terms and Delaware law.

10Dispute Resolution

Before initiating any formal dispute resolution process, you agree to first contact ELP Data at info@elpdata.com and attempt to resolve the dispute informally. We will make good-faith efforts to resolve any dispute within 30 days of receiving your notice. Most customer concerns can be resolved quickly through direct communication with our team.

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English and the seat of arbitration shall be Wilmington, Delaware.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against ELP Data. If this class action waiver is found unenforceable, then the arbitration agreement shall be null and void.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of an arbitration proceeding. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11Changes to Terms

ELP Data reserves the right to modify these Terms of Service at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where changes are significant, provide additional notice by email or a prominent notice on our website. We will provide at least 30 days notice before material changes take effect, where practicable.

Your continued access to or use of our services after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our services and may request a pro-rated refund for any prepaid, unused services in accordance with our refund policy. We will not retroactively change the terms that governed completed transactions.