Effective Date: June 04, 2020
Welcome to www.b2brain.com (B2Brain), an internet enabled product that helps sales and account management teams get contextual intelligence on their customers and prospects (the “Product“).
1. Basic Principles
B2Brain reserves the right, at its sole discretion, to modify, discontinue or terminate the Product or its Services at any time without prior notice.
3. Children Information
4. The Product
B2Brain is an internet enabled product that helps sales and account management teams get contextual intelligence on their customers and prospects. The product currently functions in one of 2 ways:
- As an online dashboard available for each user’s login, where they can access contextual intelligence on their target accounts
- A plugin on Google Chrome Browser, that connects to your CRMs or Sales Engagement Platforms (e.g. Salesforce CRM, Outreach.io, Salesloft.com, Hubspot.com)
B2Brain to enable inside sales and account management teams to be more effective while engaging with prospects and customers.
5. Account Registration and Eligibility
5.1. Age Requirement
In order to use any of the Services offered by our Product, you must be in a country in which B2Brain is legally authorized to operate the Services and be at least 13 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, and (ii) you are at least 13 years old. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Services.
You will be responsible for providing the network connection, and any other hardware and software necessary to use the Services.
5.3. Account Confidentiality
You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. B2Brain will not be responsible for any losses arising out of the unauthorized use of any of your Account Information and/or account and you agree to indemnify and hold harmless B2Brain, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, B2Brain uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
6. License To The Services
6.1. License Grant
B2Brain grants to you a limited, non-exclusive, non-transferable license to access and use the Product and associated Services. This license is contingent upon your compliance with any other terms and conditions applicable to you. Any violation by you of the license provisions contained in this Section 6.1 may result in the immediate termination of your right to use the Services. B2Brain reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
B2Brain may from time to time make available to all users of the Services, updates at no cost or subject to additional fees in B2Brain’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Services that B2Brain makes available generally to users of the Services. Notwithstanding anything else contained in this Agreement, B2Brain will have no obligation to continue producing or releasing new versions of the Services or any updates thereto.
7. User Content
8. Content and Services Accessed through the Services
B2Brain browser extension provides an option for you to connect it to your company’s CRM or Sales Engagement Platforms. Through this connection, B2Brain is able to identify:
- The accounts (Company Names, Company Domain Names) that you may be allocated and therefore working with
- Use its algorithms to make suggestions on accounts that B2Brain may have identified as having the most contextual information relevant for your company
B2Brain also provides you recommended leads for specific accounts, on a best efforts basis. These leads and their contact information is available to be imported into your respective CRM or Sales Engagement Platforms for your own use.
Businesses will provide details on the services they offer, third-party services they use, and customer relationships they have built. Businesses may also link to their websites and services. B2Brain may screen, modify, refuse, or remove certain content of such businesses, but is not responsible for and does not endorse any third-party content. B2Brain further does not endorse any company, employer, institution, third-party service providers, other products, services, opinions, or web sites accessed through or referenced on the Services. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT B2BRAIN WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
10. General Prohibitions
As between you and B2Brain, you acknowledge that B2Brain owns or has a license to all title and copyrights in and to the Services. All title and intellectual property rights in and to the licensed content in the Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
12. B2Brain Trademarks and Third-Party Trademarks
The following are registered trademarks or trademarks of B2Brain: B2Brain, service marks and graphics (collectively, the “B2Brain Trademarks”) used in connection with the Services. The Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party. The use of the trademarks of any third-party is not endorsement of the Site by such third-party.
The Services use technology to protect the digital information provided by from unauthorized use. Your use of the Services may be limited by such technology. You acknowledge that, from time to time, B2Brain may modify or discontinue using such technology. Security modifications made by B2Brain may from time to time include required updates to the Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
16. Links to Third Party Websites
The Site and Services may contain links to or information regarding third-party websites or resources. You acknowledge and agree that B2Brain is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by B2Brain of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that B2Brain is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
You must comply with all applicable laws, including U.S. export control laws, when using the Services. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) upload, post, email, or otherwise transmit any images that B2Brain, in its sole discretion, deems inappropriate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) use any automated tool (e.g., robots, spiders) to use the Services; (c) rent, lease, or sublicense your access to the Services to another person; (d) use the Services for any purpose except for personal use; (e) circumvent or disable any usage rules or other security features of the Services; (f) use the Services in a manner that threatens the integrity, performance, or availability of the Services; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services.
18. Disclaimer of Warranties
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT THE NATURE OF THE INTERNET IS NEITHER SECURE NOR PRIVATE. ACCORDINGLY, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM B2BRAIN OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
19. Limitation of Liability
B2BRAIN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO B2BRAIN FOR THE SERVICE OR $100. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You, and your respective affiliates, will indemnify and hold B2Brain, and its subsidiaries, affiliates, officers, agents, and employees, harmless from and against any claims, liabilities, costs, damages, expenses, and losses including, without limitation, reasonable legal and accounting fees, arising out of any third party claim or caused by or in any way connected with your use of the Services, including but not limited to, your User Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Services.
21. Copyright Infringement
If you believe that your work or content has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached using the contact information above.
22. Notice for California Members
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Product and associated Services (“Feedback”). You may submit feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of B2Brain and you hereby irrevocably assign to B2Brain and agree to irrevocably assign to B2Brain all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. You understand that B2Brain may use your Feedback without any obligation to compensate you for it, just as you have no obligation to provide any Feedback.
24. Interactions between Members
You are solely responsible for your interactions (including any disputes) with other Members. You understand that B2Brain does not in any way screen B2Brain users or Accounts. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet a B2Brain user offline, or in person. In no event shall B2Brain be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.
25. Entire Agreement
You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from B2Brain.
30. Contacting Company
If you have any questions or concerns about these Terms or the Site or Services please send us a thorough description by email to firstname.lastname@example.org, or write to us at: B2Brain, Inc. Address: B2Brain, Inc., 4032 Kennett Pike #50476, Wilmington, DE 19807