Introduction

These Terms and Conditions (“Terms”) govern access to and use of DatabaseLuke’s website, data products, and related services (“Services”). By accessing or using the Services, users agree to be bound by these Terms; if not agreed, access must cease immediately.

Definitions

  • “Company,” “we,” “us,” “our” means DatabaseLuke.
  • “User,” “customer,” “you” means any person or entity accessing or using the Services.
  • “Data” means any datasets, contact records, lists, files, outputs, or insights delivered by the Services.
  • “License” means the scope of permitted use granted by these Terms or an applicable order.

Eligibility and Accounts

Use of the Services requires legal capacity and compliance with applicable laws. Account holders are responsible for keeping credentials confidential and for all activity under the account.

License and Permitted Use

Subject to payment and compliance, a limited, non-exclusive, non-transferable, revocable license is granted to use the Data for lawful business purposes, internal marketing, sales prospecting, analytics, and evaluation, within the stated term and quantity limits.

Prohibited Uses

Users must not:

  • Use Data for any unlawful, harmful, deceptive, discriminatory, or harassing purpose.
  • Send spam or unsolicited communications in violation of anti-spam and privacy laws (including CAN-SPAM, TCPA, DPDP Act rules, and applicable state privacy laws).
  • Use Data for credit, employment, insurance, housing eligibility, or other uses regulated by FCRA-like laws.
  • Re-sell, re-publish, sublicense, or redistribute Data to third parties unless expressly permitted in writing.
  • Attempt to identify or target minors, process sensitive data without lawful basis, or circumvent opt-out/consent signals.
  • Interfere with or attempt to compromise the security or integrity of the Services.

Customer Liability for Illegal Usage

Users are solely responsible and liable for how the Data and Services are used. Any illegal, unauthorized, or non-compliant use is the user’s sole responsibility, and users agree to defend, indemnify, and hold DatabaseLuke harmless from claims, penalties, damages, costs, and fees arising from such use.

Compliance Responsibilities

Users must comply with all applicable laws and industry rules when using Data, including but not limited to:

  • United States: anti-spam/telemarketing, do-not-call, consumer privacy, and data broker requirements where applicable.
  • India: DPDP Act and related notices/consent, grievance redressal, and children’s data rules.
    Users must honor opt-out and suppression obligations and maintain accurate suppression lists where required.

Data Accuracy and Updates

Data may include information sourced from public records, licensed providers, and user submissions. While reasonable efforts are made to maintain accuracy and freshness, Data is provided “as-is” and may contain errors, omissions, or become outdated. Users are responsible for validating Data before reliance.

Intellectual Property

All rights, title, and interest in the Services, Data compilations, selection, arrangement, software, trademarks, and content belong to DatabaseLuke or its licensors. No rights are granted except as expressly stated in these Terms.

Confidentiality

Non-public Data, pricing, and materials provided under these Terms are confidential and may not be disclosed except to personnel and contractors with a need to know who are bound by comparable confidentiality obligations.

Payment, Taxes, and Orders

Fees are due as stated in the order. Late amounts may accrue interest or result in suspension. Fees are exclusive of taxes; users are responsible for applicable taxes, excluding taxes on Company’s net income.

Term and Termination

These Terms apply from first access and continue until terminated. Either party may terminate for material breach not cured within 10 days of notice. Company may suspend or terminate for suspected illegal use, non-payment, or risk to the Services. Upon termination or expiry, the license ends and users must cease use and delete Data unless retention is legally required.

Effects of Termination

  • Access ends and credentials may be disabled.
  • Continued possession or use of Data is prohibited except for legally required retention.
  • Sections intended to survive (e.g., IP, confidentiality, disclaimers, limitations, indemnities, governing law) will survive.

Warranties and Disclaimers

Services and Data are provided “as-is” and “as-available.” To the maximum extent permitted by law, no warranties are made, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. Availability is not guaranteed and may be affected by maintenance or third-party providers.

Limitations of Liability

To the maximum extent permitted by law:

  • No liability for indirect, incidental, special, consequential, or punitive damages, lost profits, revenues, data, or goodwill.
  • Aggregate liability for any claims shall not exceed the amounts paid by the user to DatabaseLuke for the Services giving rise to the claim in the 12 months preceding the event.

Indemnification

Users will indemnify, defend, and hold harmless DatabaseLuke and its affiliates, officers, employees, and agents from claims, damages, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • User’s illegal or non-compliant use of the Services or Data.
  • Breach of these Terms or of laws, regulations, or third-party rights.
  • Content or instructions provided by the user.

Data Protection and Privacy

Processing of personal data is governed by DatabaseLuke’s Privacy Policy and any applicable data processing addendum. Users must ensure a lawful basis for processing, provide required notices/consents, honor opt-outs, and respect data subject rights as applicable in relevant jurisdictions.

Third-Party Services

Integrations or links to third-party services are provided “as-is.” DatabaseLuke is not responsible for third-party content, policies, or availability. Use of third-party services is subject to their terms.

Modifications

DatabaseLuke may update these Terms from time to time. Material changes will be posted with an updated “Last Updated” date. Continued use constitutes acceptance of the updated Terms.

Governing Law and Venue

These Terms are governed by the laws of the jurisdiction specified on the order or, if none, the laws of the Union Territory/State where DatabaseLuke is registered, without regard to conflict-of-law rules. Exclusive venue lies in the competent courts of that jurisdiction, and parties consent to personal jurisdiction there.

Dispute Resolution

Before filing suit, parties will attempt good-faith resolution. If permitted by law, disputes will be resolved through binding arbitration or mediation as specified in the order or a mutually agreed forum. Class actions and jury trials are waived to the extent permitted by law.

Export and Sanctions

Users represent that access will not occur from embargoed or sanctioned jurisdictions and will comply with export control and sanctions laws.

Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control, including acts of God, labor disputes, network failures, or governmental actions.

Notices

Legal notices must be sent to the contact published on DatabaseLuke’s website and to the user’s registered email or billing address. Notices are deemed received upon confirmed delivery.

Entire Agreement

These Terms, together with any order and referenced policies, constitute the entire agreement and supersede prior discussions. If any provision is unenforceable, the remainder remains in effect. No waiver is effective unless in writing.

Last updated: 01-October-2025