Please read these terms carefully.

Fair Use Policy and Feature-Specific Terms

Applicability

1. 1. This document sets forth the Fair Use Policy and Feature-Specific Terms (collectively, “Supplementary Terms”), which form part of the master services agreement or terms and conditions (as applicable). Together with the order form or purchased package (as applicable), these constitute the “Agreement” between Customer and Lusha. Lusha’s Privacy Notice is also incorporated into the Agreement.
   2. The Supplementary Terms apply only to the specific features, products, or services purchased by the Customer, as outlined in the applicable Order Form or purchased plan (the “Purchased Features“). If a feature is not part of the Customer’s purchased package, the corresponding terms in this document will not apply. Some features described herein may be legacy features that are no longer actively offered for new subscriptions.
   3. The Supplementary Terms are incorporated into and form an integral part of the Agreement and are not subject to amendment. However, Lusha may update the Supplementary Terms from time to time with respect to features or services added after the date of purchase.
   4. The Supplementary Terms protect the interests of all Lusha Customers and End-Users, as well as Lusha’s goodwill and reputation. All use of the Lusha Platform, including any Purchased Features, is subject to these terms and the Fair Use Policy. By using Lusha’s Platform or Purchased Features, the Customer agrees to comply with the provisions of the Supplementary Terms.

Restrictions

1. 1. Customer shall use the Services in a responsible and professional manner consistent with the intended and permissible uses and consistent with standard industry practice.
   2. Customer agrees not to:
      1. run such a number of searches or visit such a number of Business Contacts as to exceed reasonable fair use limitations. The concept of ‘fair use’ includes, but not be limited to, manual use of the Services by individual and authorized End-Users and not by any automated or electronic tools. Should Lusha determine that Customer has run queries more than what reasonably can be undertaken manually by the number of individual End-Users, it shall be conclusively presumed that automated or electronic tools were used in violation of the Supplementary Terms. In such an instance, in addition to any other damages to which it may be entitled under law, Lusha shall have a right, at its sole election, to Suspend or impose Limitations on the Services, and/or to receive compensation for the excess queries at its then-current standard retail license fee for a single Business Contact per query;
      2. use the Platform in any way that causes, could be reasonably expected to cause, or is intended to cause damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
      3. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Services;
      4. use the Platform to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
      5. republish material from the Services (including republication on another website);
      6. develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy any Data;
      7. violate the security of the Service including by: (a) logging in to a server or account that Customer is not authorized to access, or assist others to do so; (b) attempting to test, scan, probe or hack the vulnerability of the Service or any network used by the Service or to breach security, encryption, or other authentication measures; (c) overriding or circumventing, or attempting to override or circumvent, any security feature, control, or use limits of the Services or Platform; (d) attempting to interfere with the Service by overloading, flooding, pinging, mail bombing or crashing it; or (e) using or attempting to use any engine, software, tool, agent or other device, method, or mechanism (including without limitation browsers, spiders, robots, or intelligent agents) to navigate or search any portion of the Services.

Measures

1. 1. Lusha reserves the right to monitor its Customers’ usage of the Platform to ensure compliance with the terms of the Agreement and Supplementary Terms and to suspend, revoke, deny, disable, or terminate Customer’s access if Customer violates any provisions of the Supplementary Terms or if Customer’s behavior exceeds reasonable limits, as determined in Lusha’s sole discretion, e.g.:  Lusha may restrict the number of  Business Contact views per End-User or account in a certain period of time (per day/ week/ month etc.).
   2. Lusha may use technological means to place reasonable use limits to prohibit excessive use, including excessive downloads or screen views that indicate a violation of the Supplementary Terms. In the event of such limitation, Customer may request that the limit be removed, and Lusha may remove or modify a particular limitation if it determines in its sole and absolute discretion that the proposed use by Customer is in good faith and otherwise consistent with the Supplementary Terms.

Lusha Credit Types

Credit Pool Type

Where specified, accounts are sold with a flexible amount of End-Users with an allocated number of credits granted per End-User. The below terms are applicable based on the specified Credit Pooling in the Package purchased by Customer:

• Shared Credit Pool: While each End-User comes with such number of allocated credits, all End-Users’ credits are effectively deposited into a shared account balance that can be drawn upon by any End-User. 

• Personal Credit Pool: Each End-User receives their own personal credit pool where by such End-User’s credits are kept in a separate balance that can only be drawn on by that same End-User. The sharing of credits between End-Users is therefore not possible.

Unlimited Credits

“Unlimited Credits” means the use of Credits to manually select and reveal the contact details (email and/or phone numbers) of Business Contacts one-by-one (“Manual Select and Reveal”) or select and reveal up to 25 Business Contacts at a time. These actions may be performed an unlimited amount of times. Use of Unlimited Credits is subject to the applicable Fair Use Limitations.

Unlimited Email Credits

“Unlimited Email Credits” means the use of Credits to select and reveal the email address only of Business Contacts, subject to the applicable Fair Use Limitations.

Bulk Credits

“Bulk Credits” are Credits intended for large-scale business contact list building that may be used on Lusha’s bulk products (e.g., CSV Enrich, API, Salesforce Data Enrichment, etc.) to retrieve any Business Contact Data. An End User may use Bulk Credits to “Bulk Select and Reveal” using the bulk select widget whereby the End User may select and reveal multiple Business Contacts or pages of Business Contacts, with one click (e.g., select all results). Use of the Bulk Credits is subject to the applicable Fair Use Limitations.

Lusha One Credits

“Lusha One Credits” are units of access within the Lusha Platform that enable End Users to access certain Data, utilize specific features, unlock functionality, or otherwise. Lusha One Credits are included with certain plans or packages and may also be purchased separately on an ad hoc basis for an additional fee. 

Fair Use 

The Fair Use Limitations applicable to the use of Bulk Credit,  Unlimited Credits and Unlimited Email Credits are set out below.

1. Bulk Credits:
   1. The use of Bulk Credits is limited to the amount of Bulk Credits purchased by Customer in their specific package as set out in the applicable order form or package description (as applicable).
2. Unlimited Credits:
   1. Maximum Business Contact Limit via Manual Select and Reveal: N/A
   2. Unlimited Credits may be used via Bulk Select and Reveal to reveal full pages or multiple Business Contacts using the bulk select widget is throttled per user per 24-hour period per End User (“Throttling Period”), to avoid abuse. Notwithstanding, End Users will still be able to Manual Select and Reveal during the Throttling Period.
   3. Excessive use of Unlimited Credits by an End User, being the reveal of thousands of contacts within a week, will flag the End User for a compliance review to ensure that the End User does not violate Lusha’s terms or the Fair Use Policy.
3. Unlimited Email Credits:
   1. Limited to 2000 email Credits per month per paid plan.

Limitations

1. Limitation on search (Per account)
   1. Prospecting search may be limited on a monthly basis between 120 to 3,000 pages depending on your pricing plan.
   2. Depending on your pricing plan, Lusha’s extension may be limited monthly from 500 to 10,000 pages on “Lusha’s Everywhere”.
2. Limitation on credit usage (Per User)
   1. 1000 Unlimited Credits/month/user – End-User’s unlimited access may be paused for a compliance review.
   2. 2000 Unlimited Credits/month/user – End-User’s unlimited access is paused.
   3. Bulk Select Widget actions/day/user – End-User must use Bulk Credits to continue to Bulk Select and Reveal Business Contacts using the Bulk Select Widget (End-User can still select up to 25 contacts one by one and reveal them using Unlimited Credits).

Lusha Engage

1. Use of Lusha Engage
   1. In order to use Lusha Engage, each End-User (“End User”) must link a third-party email account to Lusha Engage and grant Lusha certain rights with respect to End User Data. Through End User’s use of Lusha Engage, End User grants to Lusha permission to obtain access to End User’s email account in order to be able to send emails and detect replies via Lusha Engage. Used herein, “End User Data” refers to any data and content stored or transmitted via Lusha Engage by or on behalf of End User. Lusha does not claim any ownership over any End User Data.
2. End User Responsibilities and Obligations
   1. You are solely responsible for your conduct, the content of End-User Data and your communications with others while using Lusha Engage. It is agreed that it shall be Your responsibility to ensure that You have all rights and permissions needed to comply with the Agreement and to avoid infringement or violation of any rights of others.
   2. You must keep your information updated, and notify us promptly if any information in relation to your account has changed. Any failure by Lusha to provide Lusha Engage resulting therefrom shall not be attributed to Lusha in any respect.
   3. You are responsible for maintaining and protecting all of End-User Data. Lusha will not be liable for any loss or corruption of End-User Data, or for any costs, fees, or expenses associated with backing-up or restoring End-User Data. 
   4. You acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients.
3. Lusha has no obligation to monitor any information on Lusha Engage. Furthermore, Lusha is not responsible for the accuracy, completeness, appropriateness, safety or legality of End-User Data or any other information or content you may send, or be able to access using Lusha Engage.
4. Miscellaneous
   1. All emails may be verified for their validity in order to provide high-quality deliverability standards, lower bounce rates, and maintain a high deliverability reputation for our customers. Email addresses that are detected as invalid may be blocked by the system and the user will not be able to send emails to this address via Lusha Engage. In order to provide this safeguard service to our customers, You agree that Lusha may use data regarding the status of email validity and deliverability (i.e. bounced, invalid, valid, risky) for any email that is imported or added manually to an account to improve the internal email validation functionality and the services.
   2. Lusha does not guarantee that End-User Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction and shall not be responsible for any restrictions placed upon your use of your relevant email service. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect End-User Data when you are transmitting it to Lusha and to keep your own backup copies of End-User Data. You are solely responsible for protecting your passwords, limiting access to your computers and devices.
5. Acceptable Use 
   1. You will not, and will not attempt to, use Lusha Engage to violate any laws, including any applicable SPAM laws, any applicable email service terms of service, or any rights of Lusha or any other person or otherwise misuse or inappropriately use Lusha Engage, and will use Lusha Engage only in a manner consistent herewith, as it may change from time to time in our discretion.
   2. When using our service to send bulk campaigns, all messages must comply with all applicable laws and regulations where you or Lusha operates or the recipient of your message is located.
   3. The following practices are not permitted from our service and would be a violation of these Terms, they are provided as examples, are subject to change and should not be considered exhaustive.
      1. Failing to provide an opt-out method in any commercial message or failing to comply with applicable law and your internal policies to any request by a recipient not be contacted;
      2. Failing to include your valid physical mailing address or a link to that information;
      3. Sending from group/distribution lists or role email addresses including hello@ success@ sales@ or similar;
      4. Sending emails from a fictional identity or using a pseudonym, assumed identity or alias;
      5. Attempting to hide the number of bounces resulting from activity coming from Lusha;
      6. Sending an email that results in an unacceptable number of spam or UCE complaints (even if the messages themselves are not actually spam or UCE);
      7. Attempting to disguise the origin or subject matter of any message or falsifying or manipulating the originating email address, subject line, headers, or the transmission path;
      8. Transmitting any material that contains or links to viruses, trojan horses, worms or any other malicious, harmful, or deleterious program, software or application; 
      9.  Using Lusha Engage in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
   4. Lusha Engage operates under a Fair Use Policy in order to prevent potential abuse. We provide a limit of 200 emails per day due to the limitation imposed by Gmail. An unlimited number of sequences can be created, but only 5 sequences may be active at any given time.