Effective Date: The earlier of (a) the date on which the Customer clicks to accept or otherwise indicates its agreement to these Terms; or (b) the date on which the Customer first accesses or uses the Service.
These Terms of Service (the "Terms") form a binding agreement between you, the Customer (acting on behalf of a legal entity), and Redecann GmbH, a Gesellschaft mit beschränkter Haftung (GmbH) with its registered office at Reuslistrasse 27, 4450 Sissach, Switzerland (UID: CHE-306.324.359; CH-ID: CH-270-4004093-8; EHRA-ID: 1154866). Redecann GmbH operates the Money-Leads service (referred to as "Money-Leads," "we," or "us"). By using the Service or placing an Order, the Customer agrees to be bound by these Terms.
For purposes of these Terms, the following definitions apply:
Money-Leads provides an automated service that, upon Customer's request, uses software to search publicly available business information on the web and compile Leads into Output Data. Money-Leads does not sell pre-made or static lists; each Order triggers a new search and compilation. The Service queries search-engine indexes and publicly accessible company websites and does not intentionally access password-protected or non-public data. The Service does not send marketing messages on Customer's behalf and does not guarantee the delivery or deliverability of messages sent by Customer.
Customer acknowledges that the number and quality of Leads returned for a given API-Call depend on publicly available information at the time of the search. Although Money-Leads' lists are built in real time and therefore may contain more up-to-date information than pre-compiled lists, Money-Leads does not warrant that any particular number of Leads will be generated or that Output Data is complete, accurate or fit for any particular purpose.
After each search, Money-Leads may apply automated tools to deduplicate and remove obviously redundant or malformed information. This process is intended to improve Output Data quality but does not create any warranty. Customer acknowledges that duplicates may remain despite these efforts and that multiple records with different email addresses may correspond to secondary business emails.
Money-Leads may, in its sole discretion, modify the Service and its features, provided that such modifications do not materially degrade the core functionality of producing Output Data.
Customer may place Orders only via the Money-Leads website. Each Order identifies the estimated number of API-Calls, the maximum number of Leads per API-Call and the unit price per Lead. The maximum potential number of Leads for each Order is calculated by multiplying the number of API-Calls by the maximum Leads per API-Call; however, this is only an estimate and does not guarantee that any minimum number of Leads will be delivered. For larger service agreements, Money-Leads may issue a separate written quotation subject to separate terms; such quotations are not governed by these Terms unless expressly stated.
At the time Customer places an Order, Money-Leads will place a hold on Customer's payment method equal to the maximum possible cost of the Order (maximum Leads Ă— unit price). This hold acts as a security deposit and does not mean Money-Leads commits to deliver the maximum number of Leads. After the search and cleanup are complete, Money-Leads will bill Customer only for the number of Leads actually delivered and will release any excess hold.
Except where expressly required by mandatory law, all fees are non-refundable once access to the Service has been provided or Output Data has been delivered. Estimates are not guarantees; Customer remains responsible for all fees for Leads generated, even if fewer Leads than expected are produced. Customer may not withhold payments or set off any amounts against amounts due to Money-Leads.
Fees are exclusive of any taxes, duties or similar assessments; Customer is responsible for all such amounts. Money-Leads will charge Customer's payment method upon delivery of Output Data. If any invoiced amount is not received when due, Money-Leads may suspend the Service and charge interest on overdue amounts at the maximum rate permitted by law.
Money-Leads may change pricing for future Orders with reasonable notice; price changes will not affect Orders already accepted.
Money-Leads delivers Output Data electronically. Currently, delivery is via e-mail to the address provided by the Customer. Money-Leads may, at its option, provide Output Data via a download link in a customer portal in the future, but has no obligation to do so. Money-Leads has no obligation to maintain copies of Output Data after delivery; Customer is responsible for securely storing Output Data and maintaining its own backups.
Unless separately agreed in writing, Money-Leads does not provide any uptime or availability guarantees; the Service is provided on an "as-available" basis. Money-Leads may temporarily suspend the Service for maintenance or security reasons.
Money-Leads may suspend or throttle Customer's access to the Service (and/or withhold delivery of Output Data) if: (a) Customer fails to pay amounts when due; (b) Money-Leads reasonably suspects unauthorized or illegal activity, fraud or misuse of the Service; (c) continued use of the Service poses a legal, regulatory or security risk; or (d) Customer otherwise breaches these Terms. Suspension does not relieve Customer of its payment obligations.
Subject to Customer's compliance with these Terms, Money-Leads grants Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Output Data internally for Customer's own B2B sales, marketing and analytics purposes. Customer may not sell, resell, redistribute, sublicense, publicly display or otherwise make the Output Data available to third parties.
Customer shall not:
Customer is solely responsible for determining whether its use of Output Data complies with Applicable Laws, obtaining any required consents or lawful bases, honouring opt-out and suppression requests, and including required identification and unsubscribe mechanisms in its communications. Customer acknowledges that it is solely responsible for selecting accurate search terms and keywords before initiating an Order; once a search has commenced, the Order is irrevocable and all fees for generated Leads are owed, even if Customer later determines that incorrect search criteria were used.
All rights, title and interest in and to the Service, underlying software, algorithms, website, design, database compilation, selection and arrangement, and all related intellectual-property rights are and shall remain the exclusive property of Money-Leads and its licensors. These Terms do not convey to Customer any ownership rights; only the limited licence set out in Section 6 is granted.
Customer retains all rights in Customer Data. Customer hereby grants Money-Leads a non-exclusive, worldwide, royalty-free right to process Customer Data solely to provide and improve the Service. Money-Leads does not sell or disclose Customer Data to third parties except as necessary to provide the Service or as required by law.
Customer grants Money-Leads a perpetual, irrevocable, royalty-free licence to use and incorporate into the Service any suggestion, enhancement request or other feedback provided by Customer. Money-Leads may generate aggregated statistics and usage analytics about the Service; provided such analyses do not identify Customer or any individual, Money-Leads may use them for its business purposes.
For Output Data derived from publicly available sources, Money-Leads acts as an independent data controller. Money-Leads relies on legitimate interests under the GDPR and FDPA to collect and process business contact information from public sources. Money-Leads does not intentionally collect special categories of personal data and focuses on business contact details.
Money-Leads provides information about its data-processing practices in its Privacy Policy and honours the rights of data subjects (e.g., access, correction, erasure) in accordance with Applicable Laws. Money-Leads does not maintain a static database and deletes or restricts processing of a data subject's information upon legitimate request. If Money-Leads informs Customer that a contact has exercised their right to erasure or opt-out, Customer must promptly delete the relevant Output Data and cease further use unless Customer has an independent lawful basis to retain it.
When Customer uploads Customer Data for enrichment, Money-Leads acts as a data processor and processes such data on behalf of Customer under a separate Data Processing Addendum (DPA), which is incorporated by reference. The DPA sets out the scope of processing, security measures and mechanisms for cross-border transfers.
Money-Leads implements reasonable technical and organisational measures designed to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage. However, Customer acknowledges that no method of transmission or storage is 100% secure, that Money-Leads primarily uses publicly available sources (such as Google) to generate Output Data, and that Money-Leads does not retain Customer Data or Output Data beyond what is necessary to deliver the Service. Money-Leads may, at Customer's request, store Output Data for limited periods to facilitate re-downloads, but such storage is optional and may be discontinued at any time.
Money-Leads does not retain Output Data beyond the period necessary to deliver it to Customer and to comply with legal obligations. For Customer Data processed as a processor, Money-Leads will delete such data upon instruction of Customer or as required by the DPA.
Money-Leads provides the Service and Output Data "as is" and "as available," with no warranties, whether express, implied or statutory, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose or non-infringement. Money-Leads does not represent or warrant that Output Data is error-free or that any communication sent to Leads will be received or result in a sale.
Money-Leads makes no guarantee about the number of Leads that will be generated, the correctness of any Lead, or the success of any marketing or sales campaign using Output Data.
Money-Leads may provide links or integrate with third-party websites. Money-Leads is not responsible for the content or practices of any third party.
To the maximum extent permitted by law, neither Money-Leads nor its suppliers or affiliates shall be liable for any lost profits, lost revenue, lost data, business interruption, or any indirect, special, incidental, consequential or exemplary damages arising out of or in connection with these Terms or the Service, even if Money-Leads has been advised of the possibility of such damages.
Money-Leads' total liability for all claims arising out of or relating to these Terms shall not exceed the aggregate amount actually paid by Customer to Money-Leads for the Order giving rise to the claim or, if Customer accessed the Service under a free or trial plan, one hundred Swiss francs (CHF 100). Customer acknowledges that these limitations of liability reflect the allocation of risk between the parties and that, absent these limitations, the fees charged would be higher.
The limitations and exclusions set forth in this Section 10 form an essential basis of the bargain between the parties and apply to any theory of liability (whether based on contract, tort, negligence, warranty or otherwise).
Customer shall defend, indemnify and hold harmless Money-Leads and its directors, officers, employees and agents from and against any third-party claims, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising from: (a) Customer's use of the Service or Output Data in violation of these Terms or Applicable Laws; (b) Customer's marketing practices (including spam or telemarketing violations); (c) Customer's combination of Output Data with other data or services; or (d) Customer Data infringing any third-party rights. Money-Leads does not provide any indemnity to the Customer.
Except as expressly required by mandatory law, all fees paid under these Terms are non-refundable. Used Credits or delivered Leads are non-refundable, even if Output Data contains inaccuracies or outdated contact information.
Money-Leads may, at its sole discretion, offer courtesy credits or price adjustments where a significant portion of Leads are demonstrably invalid. Any such credits or adjustments are goodwill gestures only, do not constitute obligations, do not waive the non-refund policy of this Section 12, and will not bind Money-Leads in respect of future Orders. Marketing statements or FAQs describing potential refunds or customer-service practices are informational only and are not contractual commitments.
These Terms commence on the Effective Date and apply to each Order placed by Customer. There is no subscription or recurring service; each Order represents a single transaction for a one-time delivery of Output Data.
Either party may terminate an Order immediately upon notice if the other party materially breaches these Terms and fails to cure within ten (10) days after receiving written notice. Money-Leads may also terminate or refuse to fulfil an Order if it reasonably believes that continued provision of the Service would violate Applicable Laws or expose Money-Leads to liability. Termination does not relieve Customer from paying for Services already ordered.
Upon termination or completion of an Order: (a) all licences granted to Customer under these Terms cease with respect to that Order; (b) Customer must delete any credentials and cease any further access to the Service; (c) Customer may continue to use Output Data already delivered subject to ongoing compliance with Section 6 (Licence and Restrictions) and Section 8 (Data Protection) and subject to any deletion required under Section 8.2; and (d) Sections 2, 6.2-6.3, 7-12, 13.3, 14-17 and any other provisions which by their nature should survive termination will survive.
Each party (as Receiving Party) will protect the Confidential Information of the other party (as Disclosing Party) from unauthorised use, access or disclosure using at least the same degree of care it uses to protect its own confidential information, but no less than a reasonable degree of care. Confidential Information does not include information that is or becomes generally known to the public without breach, was already known by the Receiving Party, is received from a third party without breach, or is independently developed. The Receiving Party may disclose Confidential Information to its personnel and advisors on a need-to-know basis and subject to confidentiality obligations, and when required by law or lawful order, provided the Receiving Party gives advance notice (unless prohibited) and cooperates in seeking protective treatment. Money-Leads may reference Customer as a user of the Service and use Customer's name and logo for marketing purposes unless and until Customer revokes this permission.
Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, pandemic, labour disputes, governmental action, utilities failure or network outages.
Money-Leads may update these Terms from time to time. Money-Leads will provide notice of material changes by e-mail or by posting a notice on the Service. Changes will take effect on the date specified in the notice (and if no date is specified, 30 days after notice). If Customer continues to use the Service after the effective date, Customer is deemed to have accepted the revised Terms.
Customer may not assign or transfer these Terms, in whole or in part, without Money-Leads' prior written consent. Money-Leads may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of its assets or to any affiliate.
These Terms, together with any Order and the DPA (where applicable), constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements or communications. In case of conflict among these documents, (1) a written Order (if it expressly amends the Terms) prevails over these Terms, (2) these Terms prevail over the DPA for matters not relating to processing of personal data, and (3) these Terms prevail over any marketing materials, FAQs or other non-contractual statements. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. Failure to enforce any right does not waive that right.
All notices under these Terms must be in writing and addressed to the receiving party's principal place of business or registered e-mail address. Notices are deemed given when delivered personally, one day after dispatch by reputable overnight courier service, or upon confirmation of receipt when sent by e-mail.
These Terms and any disputes arising out of or in connection with them are governed by the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive jurisdiction for any dispute arising out of or relating to these Terms or the Service shall be the ordinary courts of Basel-Landschaft, Switzerland (or the courts at the seat of Redecann GmbH in Sissach). The parties waive any objection to venue and personal jurisdiction in those courts. The prevailing party in any action shall be entitled to recover its reasonable attorneys' fees and costs. The English language version of these Terms controls; any translations are provided for convenience only.