Terms of Service

These Terms of Service (hereinafter referred to as the “Terms”) govern the relationship between Leadspicker s.r.o. ID No.: 01965409, registered seat at Dlouhá 730/35, Prague 1 - Old Town, 110 00, the Czech Republic, incorporated in the Commercial register maintained by the Municipal Court in Prague, section C, file 293422 (hereinafter referred to as "Leadspicker," "we," or "us;" ) and any natural or legal person (hereinafter referred to the “Client”) who has subscribed to Pipebooster platform (hereinafter referred to as the “Platform”), a software solution that enriches Client’s data by providing timely updates and monitoring their contacts for any changes in employer information. When a change is detected, the solution automatically updates the Client’s database with new contact information and alerts the Client through the website pipebooster.io or email (Leadspicker and the Client hereinafter referred to individually as a “Party” and collectively as the “Parties”). The Client explicitly agrees to the Terms, having read, comprehended, and unconditionally accepted them by ticking the designated box during registration on the webpage pipebooster.io (hereinafter as the “Website”) operated by Leadspicker, accessing or using the Service or accepting these Terms in any other way. Failure to do so will result in the Client being unable to access or use the Platform. The Terms also include the Privacy Policy.

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Definitions

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Authorised User- shall refer to the individual who has been expressly identified and granted permission to access the Platform. Said individual may assume the role of an employee, manager, subcontractor, agent, and/or service provider of the Client, and holds a valid account on the aforementioned Platform.

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Submitted Data- shall refer to any and all data associated with the Clients' prospects and customers that is predicated on the information provided by the Client.

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Privacy Policy- shall refer to the agreement that pertains to the processing of personal data by Leadspicker, on behalf of and in the interest of the Client. The aforementioned agreement shall be made available at the following URL: https://pipebooster.io/privacy-policy.

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Fees- shall pertain to the monetary compensation that the Client owes to Ledspicker as consideration for the privilege of utilising the Platform in alignment with the chosen subscription package.

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Subscription- shall refer to one of several distinct subscription plans for the Platform, as elaborated upon in detail at https://pipebooster.io/pricing. Access to the platform shall be conditional upon the subscription plan selected by the Client.

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Credits- there are two types of credits that determine the type of services provided. Credits shall either pertain to the processing of a single contact, which may involve data enrichment, identification of potential job changes (hereinafter as “data enrichment and monitoring”), or to the acquisition of updated details pertaining to new contact information and/or the location of a new email address (hereinafter as “email enrichment”). The number of credits determine the scope of provided services. Each Subscription contain different number of various credits specified in detail at https://pipebooster.io/pricing.

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Order Form- shall refer to an order form provided to the Client by Leadspicker containing the essential elements and other details of the contract concluded between Parties. The conclusion of the contract via the order form applies only to Subscription “Enterprise”.

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Services- are defined as services provided to Clients based on these Terms via Website, except that where our Services are provided through a website that is owned and operated by a third party. The services and content created by that third party are not part of the “Services.” Services are composed of a software solution that enriches Client’s Submitted Data by providing timely updates and monitoring their contacts for any changes in employer information. When a change is detected, the solution automatically updates the Client’s data with new contact information and alerts the Client through the Website or email. As an outcome of Services Client shall be provided with Output Data.

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Output Data- the output of provision of Services are Client’s Submitted Data enriched by providing timely updates and monitoring of contacts for any changes in employer information. New contact information shall be provided to the Client through the Website or email.

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Subject matter

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Leadspicker is providing Services specified in these Terms to Clients. These Terms are integral part of the contract on provision of Services, concluded between Leadspicker and Clients through the Platform (hereinafter only as the “Contract”). Application of other contractual or legal provisions that are not a part of these Terms is excluded.

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Contracts are concluded through the Platform, by providing required information, choosing a Subscription and accepting these Terms. In case of Subscription “Enterprise” the contract is concluded by signing of the Order Form by both Parties. The Client accepts the offer of Leadspicker for provision of Services under the Terms specified herein and in on the Platform. The Contract with the Client is concluded since the receipt of the confirmation e-mail from Leadspicker. The confirmation of conclusion of the Contract shall be sent to the Client via e-mail stated by the Client through the Platform. The right of Leadspicker not to conclude the Contract with a specific Client is reserved. Contracts are concluded in English.

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The Client hereby undertakes to adhere to all provisions of these Terms and the Contract. In case the Client is a legal person, the representative of such Client declares his authority to accept these Terms and conclude the Contract on behalf of the Client. By accepting these Terms or by signing of the Order Form the Client acknowledges that the Contract has been concluded comprehensibly and clearly in accordance with their solemn and unrestricted will, not under any duress or conspicuously disadvantageous conditions.

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Leadspicker is obligated to provide Services based on the Contract and the Client undertakes to pay the stipulated Fee to Leadspicker if required by the Contract.

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In order to conclude the Contract, the Client is required to enter all mandatory information on the Platform or into the Order Form and to provide us with required data associated with the Clients' prospects and customers, i.e. first and last name, email address, telephone number, professional title, and company name.

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Leadspicker shall create user’s account to every Client upon registration. User’s account shall be accessible via Website and can be used in order to manage Client’s data, change user’s settings and also preferences regarding provided Services. Authorization information shall be included in the confirmation e-mail sent to the Client upon registration. Access to the user’s account is secured by the user’s ID and a password. The Client is obligated to hold the authorization information to access user’s account confidential.

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Leadspicker hereby declares that the Platform is developed and maintained by members or employees of Leadspicker and that Leadspicker is entitled to grant a licence pursuant to these Terms. All rights to the Platform are reserved to and owned by Leadspicker or its members. Leadspicker declares that rights of third parties have not been harmed in any way in connection with development and maintenance of the Platform.

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Under the Terms, Leadpsicker hereby grants to the Client a non-transferable, non-exclusive and non-sublicensable licence to limited access and use of the Platform in the extent and manner specified in these Terms (hereinafter only as the “License”). The License is granted to the Client in order to access the Platform and use the Output Data for internal purposes only. The Client undertakes to exercise rights according to these Terms in compliance with these Terms, legislation and fair business practice.

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The platform can be accessed and utilised by individuals authorised by the Client, referred to as " Authorised Users," which may include the Client's employees, affiliates, and contractors who act on the Client's behalf. The Client remains accountable for ensuring that these Authorised Users comply with the Terms. The Client will designate an individual Authorised User's account from the authorised group of Authorised Users to function as the administrative account for the Platform.

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The extent of the Platform use is limited to usage limits (number and type of Credits) granted by Leadspicker, used to access and use the Platform by the Client, depending on the Subscription. After depletion of all Credits the Client can request number of additional Credits as specified on the Platform or in the Order Form. Additional Credits shall be granted to the Client upon discretion of Leadspicker in case the Client duly obeys obligations pursuant to these Terms. Payment of the Fee may be required for additional Credits. The Client needs to have selected Subscription with enough Credits for data enrichment and monitoring in order to run monitoring of Submitted Data in each month. In case the Client does not have enough Credits for data enrichment and monitoring in order to run monitoring of Submitted Data in the next month, the remaining Credits for data enrichment and monitoring will be cancelled, and data enrichment and monitoring will not take place in respective month. Except in case the Client is granted or purchases additional Credits for data enrichment and monitoring and therefore has enough Credits for data enrichment and monitoring in order to run monitoring of Submitted Data in respective month, the number of Credits listed on the Platform or in the Order Form that are not depleted in a given month cannot be transferred to the next month, regardless if the Client terminates, fails to pay for, or does not use the Credits. Credits for email enrichment can be transferred to the next month. Number of Credits needed to access the Platform or use Services provided by Leadspicker is determined solely by Leadspicker. The Client will be granted Credits according to selected Subscription and these Terms.

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Confidentiality

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The Parties hereby undertake to keep confidential all matters and information related to or learned in connection with these Terms, including all documents, data and information (hereinafter referred to as “Proprietary Information”), except of any disclosure thereof necessary for performing their duties under the terms of these Terms. Leadspicker’s Proprietary Information comprises of confidential details related to features, functionality, and performance of the Services. The Client’s Proprietary Information consists of confidential Client’s Submitted Data that are not publicly available.

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The Parties agree that the provisions of this article persist even after the termination of these Terms and terminate after 10 years from termination of these Terms.

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Provisions pursuant to this article shall not relate to:

information which is or which shall become publicly available, whereas these Terms are not breached;
information, which the Party obtained from a third party, without having established any other confidentiality obligation towards such a third party, and where such a third party does not breach confidentiality obligation regarding such information;
information approved to be released by a prior written approval of the other Party;
information distributed to the co-operating persons of Parties and their consultants within the performance of the obligations arising from these Terms and bound by contractual or legal obligation of confidentiality.

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The Client shall possess and maintain all right, title, and interest, including intellectual property rights, in and to the Submitted Data. However, except for any of the Submitted Data, including data or information inferred or derived directly from the Submitted Data, Leadspicker shall exclusively possess and maintain all right, title, and interest in and to:

the Services and all improvements, enhancements or modifications thereto;
any software, applications, inventions, or other technology developed or used by Leadspicker in connection with the Services or support; and
all intellectual property rights associated with any of the aforementioned.

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Notwithstanding anything to the contrary set forth herein, Leadspicker and its licensors reserve the right to collect, compile and analyse statistical and other information related to the performance, operation, and users' use of the Services, as well as data related to identifiable users' usage of features and functionality within the Services (collectively referred to as "Usage Data"). The Usage Data collected will be used solely for the purposes of:

billing,
implementing, operating, maintaining, and improving the Services, and fulfilling its obligations under these Terms, and
creating statistical analyses, conducting research and product development, and producing aggregated and anonymized data (as defined by any applicable privacy law) that cannot be reidentified to a natural person. If Leadspicker discloses any Usage Data to third parties for these purposes, it will do so in a manner that does not identify or reidentify the Client or its users.

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During the term of the Contract, the Client may provide Leadspicker with feedback concerning the Services or other comments and suggestions for new products, features, or improvements (collectively referred to as "Feedback"). With the exception of the Submitted Data, the Client acknowledges that Leadspicker will own all right, title, and interest in and to the Feedback, and the Client hereby irrevocably transfers and assigns to Leadspicker all of its right, title and interest in such Feedback, including all intellectual property rights therein. All Feedback provided by the Client to Leadspicker shall be provided on an "as is" basis with no warranty. For the avoidance of doubt, under no circumstances will Submitted Data constitute Feedback under these Terms. The Client is not obligated to provide Leadspicker with any Feedback under these Terms.

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Upon termination or expiration of the term of the Contract, the Client shall promptly return to Leadspicker all Proprietary Information obtained under the Terms, regardless of their medium. The Client is strictly prohibited from retaining any copies thereof in any form, unless with the explicit written consent of Leadspicker.

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Data protection

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Within a framework with these Terms, Leadspicker is required to process personal data, such as names, email addresses, business titles or phone numbers of contacts or other persons, on behalf of the Client. This establishes Leadspicker as a processor, with the Client assuming responsibility for collecting and processing the aforementioned personal data.

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To ensure compliance with the General Data Protection Regulation (hereinafter referred to as the "GDPR"), the Parties have concluded a Privacy Policy that adheres to the provisions outlined in Article 28, pertaining to the processing of personal data and the free movement of such data.

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By agreeing to these Terms, the Client hereby grants Leadspicker a perpetual and irrevocable licence to access and use the Submitted Data in aggregated form. Leadspicker will use this data to provide, develop, and improve its Service and data assets, not make any public reference to the Client or the Client’s company in relation to the submitted data, or use the submitted data in any way that would breach any contracts or laws.

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The Client agrees that Leadspicker may create derivative works, data models, or modelled data sets with the Submitted Data, and Leadspicker will own those derivative works (but not the Submitted Data itself, which will remain distinct from those works). Examples of derivative works may include aggregated or modelled data sets that combine data from multiple sources to form a new or different type of data set, or using multiple sets of Submitted Data to derive data analytics about specific industries, buyers, or industry prospects.

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The Client hereby grants Leadspicker a perpetual and irrevocable right to use, share, sublicense, display, copy, publish, and distribute the Submitted Data in aggregated, de-identified form for any purpose, in any medium.

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All of the aforementioned licences granted to Leadspicker are non-exclusive, perpetual, and royalty-free. Leadspicker also has the right to sublicense, assign, or transfer these licences at its discretion.

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As the provider of the Submitted Data, the Client warrants and represents those who have obtained all necessary rights, permissions, and authority to provide Leadspicker with the submitted data, both in whole and in part. Furthermore, the Client represents that doing so will not put the Client in violation of any contracts or laws.

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The Client also warrants and represents that the Submitted Data does not contain any information pertaining to individuals under the age of 18.

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The Client warrants and represents that the submitted data is accurate, truthful, and pertains to living individuals.

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Leadspicker reserves the right to establish and display additional rules or policies pertaining to the use of the Services, including any portal through which data is submitted or received. These rules or policies are incorporated into these Terms by reference, and the Client agrees to abide by them.

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Data security

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Leadspicker will keep and maintain access to Submitted Data in strict confidence, using such degree of care as is appropriate for Client company’s size and complexity, the nature and scope of its activities, and the sensitivity of Submitted Data.

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Leadspicker will implement, maintain, and follow reasonable, industry-standard technical and organisational measures to secure and protect submitted data, in compliance with all applicable laws, rules, and regulations, including, but not limited to, those relating to data protection and privacy. Leadspicker will not process Submitted Data except in accordance with the Data protection Article and the Privacy Policy. Client understands and agrees that all data will be transmitted directly to and hosted by Google Cloud (or any subsequent cloud hosting provider (the “Hosting Provider”). The Hosting Provider has a suite of compliance certificates for their data centres, including full SSAE 16 (SOC 1, SOC 2, and SOC 3) compliance. Upon request by the Client, Leadspicker will provide, without charge, copies of any, including the most recent versions of all, third-party audit or compliance certificates for the Hosting Provider that are available to Leaspicker and are allowed to be shared with third parties. The Submitted Data will be stored and maintained in accordance with the Hosting Provider’s applicable terms and conditions. Leadspicker makes no guarantees as to the availability of the Hosting Provider’s services.

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If either Party suspects that there may be or has been unauthorised access or use of any Submitted Data or materials relating to the Services (hereinafter as a “Security Breach”), that Party will promptly notify the other Party with confirmation of such notification in writing. Each Party will take such actions and measures as may be reasonably necessary or appropriate to mitigate, or protect against, any loss, liabilities, or damages to the Client or Leadspicker (including preventing any further Security Breach) and will keep each other reasonably informed of all material developments in connection with such Security Breach.

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Except as provided for herein, Leadspicker will have no responsibility for making or retaining back-up copies of Submitted Data. In the event of any loss of or damage to Submitted Data hosted by or on behalf of Leadspicker, Leadspicker will use reasonable efforts to restore such lost or damaged Submitted Data from the latest back-up of such Submitted Data. Upon written request, Leadspicker will return or destroy all Submitted Data in Leadspicker's possession within 30 days from the date of such request, and thereafter, if the Client requests in writing, will certify such return and/or destruction to the Client.

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Proprietary rights

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It is hereby acknowledged that all rights, title, and interest in and to the Platform and Services, inclusive of patents, copyrights, trademarks, trade names, service marks, trade secrets, and any other intellectual property rights, along with any goodwill linked to the Platform and Services, are owned by Leadspicker. Specifically, Leadspicker holds ownership over any design or product features inherent in the Platform and Services, including the organisation, curation, presentation, and delivery of data, as well as any know-how or other intellectual property intrinsic to the Service's creation, provision, display, or availability. Furthermore, the trademarks of Leadspicker, including Leadspicker names and logos, are proprietary and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Leadspicker.

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These Terms do not confer upon the Client any right of ownership, title, or interest in any of the aforementioned intellectual property. Consequently, the Client is prohibited from using the Output Data to create any derivative work, service, or product, and may not resell or re-license the Output Data in any manner or form.

Subscription fees and termination

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Leadspicker reserves the right to offer the Services on a Fee basis, which may include periodic monthly or annual subscriptions, personalised services, and payment provisions. In the event that the Client and Leadspicker agree on Subscription “Enterprise”, a separate Contract based on the Order Form will be entered into.

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Unless otherwise stipulated, the following conditions shall govern any Services that Leadspicker provide to the Client for which a Fee is charged:

The Services shall be available by concluding of the Contract and upon payment of the Fee. Client acknowledges and accepts liability to remit the applicable Fees outlined therein, according to the specified timeline set forth on the Platform or in the Order Form. Leadspicker retain the sole right, at our discretion, to modify or augment the Fees at the conclusion of any calendar year or at the end of a term mentioned on the Platform or in an Order Form, and shall notify the Client by written notice (which may include email or another conspicuous method) of any such changes.
The Services shall be provided for period of time according to billing cycle chosen by the Client or specified in the Order Form and shall renew automatically for subsequent periods identical to the duration of the initial term upon further payment of the Fee for the upcoming period.

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Leadspicker must receive complete payment before commencement of provision of Services by payment method enabled by the Platform.

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Leadspicker reserves the right to terminate Services immediately where the Fee has not been paid duly.

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The Contract is concluded for the term stated on the Platform or in the Order Form. The Contract terminates upon expiry of the stipulated term. The Contract can be terminated by a withdrawal delivered to the other contracting Party in case the other contracting party is in material breach of the Contract, especially in case of any breach of these Terms. In the event of such termination, the Fee is non-refundable. All provisions of these Terms that by their nature should persist termination of the Contract will persist its termination, including without limitation, provisions relating to accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

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For all Subscriptions except for Subscription “Enterprise”, cancellation of Subscription must be made prior to 11:59 p.m. Central European Time (CET) on the day before the next recurring billing date to avoid being charged. Payments are non-refundable and there are no refunds for undepleted Credits. However, upon cancellation, the Client may choose to have access to the Services through the end of the current billing period. Leadspicker may provide a refund, discount, or other consideration to some or all of Clients (Credits) at any time and for any reason, at Leadspicker sole and absolute discretion. The amount and form of such Credits, and the decision to provide them, are at Leadspicker discretion, and provision of Credits in one instance does not entitle the Client to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

The changes of Services

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Leadspicker reserves the right to modify the features and functionality of the Platform and provide modified Services, which may involve adding, modifying, or removing any aspects of the Services. The revised version of the Services will be governed by the Terms.

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Leadspicker also retains the right to temporarily or permanently suspend the Services for scheduled maintenance or for unscheduled emergency maintenance, either by Leadspicker or third-party providers, or due to other causes beyond Leadspicker's reasonable control. However, Leadspicker will use reasonable efforts to provide advance notice of any scheduled service disruption by means of written notice or email. It should be noted, however, that Leadspicker does not warrant that the Services will be uninterrupted or error-free, nor does it guarantee any specific results that may be obtained from the use of the Services. In using the Services, the Client should be aware that sensitive information will be transmitted through third-party infrastructures or third-party products, which are not under the control of Leadspicker. As such, Leadspicker makes no warranty to the Client with respect to the security of such third-party infrastructures or third-party products. Except as expressly provided for in this section, the Services are provided on an "as-is" basis, and Leadspicker disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, accuracy, and non-infringement.

Liability

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To the extent that applicable law permits, neither Party nor its suppliers will be liable to the other for:

any special, indirect, exemplary, punitive, incidental, or consequential damages of any nature, or
for any amounts that, together with amounts associated with all other claims, exceed the fees paid by the Client to Leadspicker for the Services under these Terms in the twelve months prior to the act that gave rise to the liability. This applies regardless of the cause of action or the theory of liability, even if a party has been notified of the likelihood of such damages,
for any damage or harm caused to the Client in connection with contacts made with the third parties, or in any other way incurred in relation to provision of Services by the Client according to these Terms.

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The Client undertakes to adhere to these Terms and relevant legislation while making use of the Services. The Client hereby declares that no rights of the third parties will be violated by using the Services pursuant to these Terms.

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Leadspicker is not liable for any flaws within the data transfer, or any other flaws caused by vis maior.

Consumer Information

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This Article of the Terms pertains to the rights of consumers, and therefore, it only applies to Clients who enter into the Terms with Leadspicker as natural persons outside of their entrepreneurial activities or exercise of their independent professions.

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According to this article, the Client has the right to withdraw from the Terms within 14 days after the delivery of the first information related to the subject matter of these Terms from Leadspicker, without stating any reason. To withdraw from the Terms, the Client must complete and send Leadspicker a form of notice on termination to the email address info@pipebooster.io. Leadspicker is required to confirm receipt of the form without delay via email.

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In case the Client withdraws from the Terms after already receiving fulfilment, the exchange is non-refundable. The Client will not be required to make any payments to Leadspicker in case of withdrawal.

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The Client agrees with use of distance communication tools in order to conclude the Contract. The Client’s costs incurred in connection with use of distance communication tools in order to conclude the Contract shall be covered by the Client. These costs shall not differ from regular costs of distance communication.

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In the event of a dispute between the Client (consumer) and Leadspicker, the consumer may pursue alternative, out-of-court dispute resolution. The consumer can contact the respective body to provide out-of-court dispute resolution, which in the Czech Republic is Česká obchodní inspekce (http://www.coi.cz) and must proceed in accordance with the rules therein. More information on out-of-court dispute resolution can be found on the webpage of České obchodní inspekce. To initiate alternative dispute resolution, the consumer may use the online form available at https://webgate.ec.europa.eu/odr/.

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Closing statements

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In the event that any provision of these Terms is deemed unenforceable or invalid, said provision will be limited or eliminated to the minimum extent necessary in order for these Terms to remain fully enforceable and in effect.

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Neither Party may transfer or assign the Contract, whether in whole or in part, without the prior written consent of the other Party, except in cases where either Party may transfer or assign the Contract to an affiliate or as part of a merger, consolidation, or sale. These Terms and all its provisions will bind the Parties and their respective successors and assigns, subject to the aforementioned restrictions.

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These Terms constitute the complete and exclusive statement of the Parties' mutual understanding and supersedes all previous written or oral agreements, communications, and understandings regarding the subject matter.

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In the event that any legal action or proceeding is commenced to enforce the provisions of these Terms, the prevailing Party shall be entitled to recover all reasonable costs and expenses, including attorneys' fees.

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These Terms come into force and effect as of March 2023. These Terms are available at the office of Leadspicker and on webpages pipebooster.io.

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All correspondence related to the Services shall be delivered to the other Party via email unless agreed otherwise. The address of the Client for purposes of correspondence is stated in the online form and the address of Leadspicker is info@pipebooster.io. In case of doubt documents sent to the Client are considered delivered on the third day after sending.

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Leadspicker is entitled to modify and amend these Terms even without the consent of the Clients. Modifications or amendments come into force on the day of announcement on the Website. This provision does not affect rights and obligations of Clients emerged during the term of effect of the previous version of these Terms.

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These Terms are governed and shall be interpreted in accordance with the legislation of the Czech Republic and any disputes arising from these Terms and in relation thereto shall be finally settled in District Court in Prague 1 (Obvodní soud pro Prahu 1) in the Czech Republic, if the district courts have subject matter jurisdiction, or in Municipal Court in Prague (Městský soud v Praze), if the subject matter jurisdiction of the regional courts is established.

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