INTRODUCTION Midbound, Inc. ("Midbound"), a Delaware corporation, provides the Midbound.com website and related services subject to your compliance with the terms and conditions set forth below. Your use of the services signifies your acknowledgment of and agreement to these Terms of Use. These Terms of Use apply to all users of the Midbound.com website and services and any other affiliated websites and services owned or controlled by Midbound, including any and all services, mobile applications, and online software available through these sites (collectively "Services"). The term "users" includes both customers of Midbound and any other person who accesses the Services at any point for any amount of time.
DEFINITIONS "Account Information" means information provided by you to create, support, and maintain an account enabling access to the Service. "Output Data" means the information and other content or materials that are made available to you through the Midbound Platform. "Order Form" means an ordering document, including an order receipt, related to your ordering of the Service and specifying the details of your subscription and any fees to be paid by you. "Personal Information" includes any substantially similar terms to "personal information" such as "personal data" or "personally identifiable information" and as to each, shall have the meaning given to such terms under applicable law. "Midbound Platform" means the software or other technology provided by Midbound to you under these Terms. "Service" means the Output Data, the Midbound Platform, and any accompanying or related infrastructure, functionality, technology, or analytics, including any services or add-ons described in an Order Form. "Submitted Data" means all data, information, text, recordings, and other content and materials that are collected, submitted, provided, or otherwise transmitted or stored by you in connection with your use of the Service.
YOUR ACCOUNT; ELIGIBILITY RESTRICTIONS Account Information: You will need to set up an account in order to access the Service. You must only provide Account Information that is your own and that is accurate. You must also keep your contact information up to date so that Midbound may contact you if needed. Eligibility Restrictions: You shall ensure that only your employees or service providers who have been expressly authorized by you to use the Service in accordance with these Terms of Use shall use or access the Service ("Authorized Users"). You may not use the Service if you are a competitor of Midbound (as determined by us in our sole discretion). You shall ensure that all Authorized Users are at least 18 years old. You must comply with any other eligibility restrictions set forth in the Order Form and ensure that your Authorized Users comply with these Terms. Account Security: Midbound makes no representations or promises regarding the security of the Service. You agree and understand that you will be liable for any activity that occurs through your account and further acknowledge and agree that you and your Authorized Users:
are solely responsible for maintaining the confidentiality and security of your Account Information and account credentials.
may not share your account credentials and must restrict access to your computer and other devices.
must access the Service and our network, systems, or applications only through encrypted connections.
must maintain up-to-date OS patching and active anti-malware on the end-user devices used to connect to the Service or our environment.
must ensure that all terminated employees or other users have their access revoked to the Service within 24 hours of termination.
must notify us promptly (and in any event within 24 hours) of security incidents that could have implications to us.
will reach out to our vulnerability discovery program at support@midbound.ai if you suspect any vulnerabilities with our Service.
DESCRIPTION OF SERVICES Midbound, Inc. offers a platform that enables companies to identify high-intent in-market buyers, as well as a suite of tools to analyze and act based on these signals.
SUBSCRIPTIONS, FEES, AND PAYMENT TERMS Subscriptions: The Services are provided on a subscription basis for the initial service term as specified in the Order Form. Subscriptions shall be automatically renewed for additional periods of the same duration as the initial service term unless either party requests non-renewal and/or cancels the subscription (i) at least thirty (30) days prior to the end of the then-current term for annual subscriptions or (ii) prior to 11:59 p.m. Pacific Time on the day before your next recurring billing date for monthly subscriptions. Fees: You agree to pay all fees specified for the Services. All fees are non-refundable unless otherwise specified in the Order Form. Payment Terms: Invoices must be paid in full in accordance with the payment terms stated in the Order Form. Unpaid amounts may be subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Taxes: You are responsible for all taxes (including without limitation sales and use taxes) associated with your use of the Service other than taxes based on our net income. Changes to Fees: Midbound reserves the right to change its fees at any time. Midbound will provide you with notice of any fee change before it becomes effective. Free Trials: Midbound may, at its sole discretion, offer a free trial of its Services. Midbound reserves the right to modify or terminate free trials at its discretion without prior notice.
PROHIBITED USES AND INDUSTRIES Prohibited Uses: You agree not to use the Services:
For any unlawful purpose or in any way that violates these Terms.
For any purpose other than your internal business operations. Reselling, redistributing, or transferring the Services or any data obtained through the Services to third parties is strictly prohibited.
To develop or create a product or feature that is competitive with the Services.
To reverse engineer, decompile, or disassemble the Services.
In a manner that exceeds your authority from us or violates these Terms or other policies or restrictions Midbound has implemented. Prohibited Industries: The use of Midbound Services is strictly prohibited for businesses operating in the following industries:
Sex and adult entertainment;
Firearms and weapons;
Gambling and betting. Compliance with Laws: You shall comply with all applicable laws, including but not limited to the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation (CASL), the U.S. TCPA, and the Telemarketing Sales Rules.
By using the Services, you acknowledge that you have read these Terms of Use, understood them, and agree to be bound by them. If you do not agree to these Terms of Use, you are not authorized to use the Services.