Amplemarket API Terms of Service

1. Agreement Overview

By creating an account, signing an order form, or using the Amplemarket API (the “Service”), you (“Customer”) agree to this Terms of Service (“Agreement” or “Terms”). This Agreement governs your use of Amplemarket’s data-as-a-service API and related documentation.

If you are entering this Agreement on behalf of a company, you represent that you are authorized to bind that company.

Amplemarket may update these Terms occasionally by posting the revised version at amplemarket.com/legal/api-terms. Material changes will be notified in advance and take effect 30 days after posting.

2. Access and Use

2.1. License Grant

Amplemarket grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Service during your paid subscription, solely for your internal business purposes as related to the Business Scope (as defined below).

2.2. Restrictions

You may not:

• Share, lease, license, transfer, time share, resell, rent, sublicense or otherwise distribute the Service or any data obtained through it (“Service Data”).

• Access the Service using automated methods outside the documented API (e.g., scraping).
• Reverse engineer, modify, or create derivative works from the Service.
• Use Service Data to compete with Amplemarket or to build similar databases or tools.
• Use the Service for spam, consumer marketing, or any purpose outside legitimate B2B outreach.
• Distribute viruses or any other technologies that may harm Amplemarket.
• Breach or circumvent any applicable laws (including, but not limited to, CAN-SPAM, the Telephone Consumer Protection Act, and any data, privacy, or export control laws), third-party rights (including, but not limited to, copyright, trademark, personal or consumer data rights, or privacy rights), our systems, or policies, or act in such a way that interferes with or disrupts the integrity or performance of the Service or its components.
• Use any robot, spider, scraper, or other automated means to access our Service for any purpose.
• Access the Service by any means other than those provided by us for that purpose.
• Extract a substantial part of the Service or Service Data or access it in bulk.
• Use any part of the Service or the Service Data in any manner that competes with Amplemarket, as solely determined by Amplemarket.

2.3. API Keys & Usage

You must keep API keys secure and confidential. You are responsible for all activity under your credentials.

2.4. Suspension & Investigation Rights

Amplemarket may suspend, restrict, or investigate any account reasonably suspected of violating these Terms, applicable law, or causing harm to the Service, with or without prior notice.

2.5. Data Accuracy

Service Data is aggregated from multiple sources and provided “as is.” Amplemarket does not guarantee that any data is complete, accurate, or current.

2.6. Inherent Risks

Customer accepts and acknowledges that Amplemarket implements appropriate technological and organizational safeguards to reduce the risk of security breaches that could result in accidental or unlawful destruction, loss, alteration, disclosure, or access to your information. Despite these efforts, and while we continue to enhance security through periodic updates, it is ultimately the responsibility of users to ensure the proper use of the Service, particularly when providing information or dealing with third parties.

2.7. Third Parties

Where our site contains links to other sites and resources provided by any third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

3. Subscription, Fees, and Termination

3.1. Subscription & Payment

• Subscription terms, pricing, and usage limits are defined in your Order Form.
• Fees are non-refundable except as expressly stated below.
• You are responsible for applicable taxes other than Amplemarket’s income taxes.

Non-Payment Enforcement

Amplemarket may suspend or terminate access immediately for any non-payment or past-due fees, without prior notice, until payment is received in full.

3.2. Renewal

Subscriptions automatically renew for the same term unless either party provides written notice of non-renewal at least 30 days before the end of the current term. Renewal fees may increase by up to 7% year-over-year.

3.3. Termination

Either party may terminate if the other party fails to cure a material breach within 30 days after written notice.

3.4. Post-Termination Obligations

Termination does not affect any accrued rights or obligations, including outstanding payments, confidentiality duties, or IP ownership.

4. Data Protection and Privacy

4.1. Compliance

You agree to use Service Data only for lawful B2B business purposes in accordance with applicable privacy and marketing laws, including GDPR, CCPA, and CAN-SPAM. You must process all personal data exclusively for initiating a business relationship relevant to the data subject's role within such data subject’s business or organization, including but not limited to exploring business opportunities, collaborations, or the sale of services or goods, while excluding any form of consumer-oriented offers or exclusively personal communications (the “Business Scope”).

4.2. Roles

Each party acts as an independent data controller when processing personal data obtained from the Service.

4.3. Governance

All data processing is governed by Amplemarket’s Data Processing Addendum (DPA) and Privacy Policy, which the parties shall comply with and is incorporated by reference below:

• Data Processing Addendum
• Privacy Policy

5. Intellectual Property and Confidentiality

5.1. Ownership

All rights, title, and interest in the Service, the Service Data, software, documentation, and related IP belong exclusively to Amplemarket. No ownership rights are transferred to you under this Agreement.

5.2. Feedback

If you provide feedback or suggestions, Amplemarket may use them freely without obligation.

5.3. Confidentiality

Each party will protect the other’s non-public information with the same care it uses for its own.

Confidential information excludes data that is public, independently developed, or required to be disclosed by law.

5.4. Customer Indemnity

Customer agrees to indemnify, defend and hold harmless Amplemarket, its affiliates, and personnel from any third-party claims, losses, or damages arising out of (a) Customer’s misuse of the Service or Service Data, or (b) violation of applicable law or these Terms. Customer may not settle any indemnification claims in a manner that imposes any obligation upon Amplemarket, without Amplemarket’s prior written consent. Amplemarket reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by Customer and, in such case, Customer agrees tocooperate with Amplemarket in the defense of such matter.

6. Disclaimers and Limitation of Liability

6.1. Disclaimer

The Service and Service Data are provided “as is” without warranties of any kind, express or implied, including accuracy, reliability, or fitness for a particular purpose.

6.2. Limitation

To the maximum extent permitted by law, Amplemarket’s total liability for all claims under this Agreement will not exceed the fees paid in the twelve (12) months preceding the claim.

6.3. No Indirect Damages

Amplemarket shall not be liable for lost profits, loss of business, or indirect, consequential, or incidental damages.

6.4. Class Action Waiver

All disputes under this Agreement must be brought on an individual basis only; neither party may bring or participate in a class, collective, or representative action.

7. General Terms

7.1. Marketing Rights

Amplemarket may use your company’s name and logo to identify you as a customer on its website or marketing materials.

7.2. Independent Contractors

The parties are independent contractors; nothing here creates an employment or agency relationship.

7.3. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, power outages, acts of government).

7.4. Governing Law and Dispute Resolution

This Agreement is governed by California law. Any disputes will be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. Either party may seek injunctive relief in court for confidentiality or IP violations.

7.5. Assignment

No rights or obligations under this Agreement may be assigned or delegated except as provided in this section without the prior written consent of the other party, and any assignment or delegation in violation of this section shall be void. Notwithstanding the foregoing, Amplemarket may assign this Agreement to a successor-in-interest pursuant to an acquisition of such party (whether by merger, stock sale, or asset sale) without Customer’s prior consent.

7.6. Equitable Relief

Each party recognizes that the unauthorized disclosure of Confidential Information or, as to you, the Service Data, may cause irreparable harm to the other party for which monetary damages may be insufficient, and in the event of such disclosure, such other party shall be entitled to seek an injunction, temporary restraining order, or other provisional remedy as appropriate without being required to post bond or other security.

7.7. Third Party Beneficiaries

The parties do not intend to create any third-party beneficiaries of this Agreement, and nothing in this Agreement is intended, nor shall anything herein be construed to create any rights, legal or equitable, in any person other than the Parties to this Agreement.

7.8. Entire Agreement

This Agreement, together with your Order Form, DPA, and Privacy Policy, constitutes the entire agreement and supersedes prior terms regarding the Service. In case of any inconsistency or conflict among these Terms and the Order Form, the Order Form shall prevail.