Intro
Welcome to Swan, a website deanonymization service provided by Shalosh Labs LTD ("Swan", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your use of our website deanonymization solution. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use our Service.
Definition
"Service" refers to the website deanonymization solution provided by Swan.
"User," "you," or "your" refers to the individual or entity using our Service.
"Website Visitor" refers to an individual who visits a website where our Service is implemented.
"Personal Data" means any information relating to an identified or identifiable natural person.
"CRM" refers to the Customer Relationship Management system maintained by the User for managing customer data.
3. Description of Service
Our Service provides website deanonymization solutions for sales and marketing teams. The Service includes:
Deanonymizing website visitors using IP addresses and/or cookies.
Matching deanonymized data to identify contact details (for U.S. visitors) or company details (for non-U.S. visitors).
Verifying contact details against the customer's CRM to ensure accuracy and avoid redundancy.
Enriching the data using external B2B data sources and open web information to qualify and enhance lead information.
4. User Obligations
4.1. You agree to use the Service in compliance with all applicable laws, regulations, and industry standards, including data privacy laws relevant to your jurisdiction.
4.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4.3. You agree to provide accurate, complete, and up-to-date information when using the Service.
4.4. You shall not use the Service for any unlawful or prohibited purpose, including but not limited to unauthorized marketing, harassment, or illegal data collection.
4.5. You are responsible for ensuring that you have a lawful basis for processing the Personal Data of Website Visitors, which may include obtaining consent where legally required, or relying on other lawful bases, such as legitimate interest, in compliance with applicable laws such as GDPR, CCPA, and other privacy regulations.
4.6. You agree to ensure that Website Visitors are informed about the processing activities where required by law, and you must comply with applicable privacy and cookie policies.
5. Data Privacy and Protection
5.1. We process Personal Data strictly in accordance with our Data Processing Agreement (DPA), which is incorporated by reference into these Terms. By using our Service, you agree to the DPA.
5.2. You acknowledge that you are the Data Controller, and we are the Data Processor, as defined by applicable data protection laws. You determine the purpose and means of processing Personal Data, and we process such data on your behalf.
5.3. We implement appropriate technical and organizational measures to protect Personal Data from unauthorized access, disclosure, or misuse, as outlined in our DPA.
5.4. You agree to comply with all applicable data protection laws, including but not limited to GDPR, CCPA, and other relevant regulations, in relation to the Personal Data collected and processed through our Service.
5.5. You agree to provide accurate records of the lawful basis for processing Website Visitors' data, including consent where applicable, and cooperate with us to fulfill data subject rights requests, such as access, correction, or deletion.
6. Intellectual Property Rights
6.1. All intellectual property rights in the Service and its content, including but not limited to software, databases, and algorithms, are owned by us or our licensors.
6.2. You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes, subject to compliance with these Terms.
6.3. You shall not modify, adapt, reverse engineer, or create derivative works based on the Service without our prior written consent.
7. Payment and Billing
7.1. Fees for the Service are as specified on our website or in a separate agreement. All fees are in U.S. dollars unless otherwise stated.
7.2. All fees are non-refundable, except as required by applicable law or otherwise stated in a written agreement between us.
7.3. We reserve the right to modify our fees upon providing you with reasonable notice, typically 30 days before the new fees take effect.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.
8.2. Our total liability arising out of or related to these Terms shall not exceed the total amount paid by you for the Service in the twelve (12) months preceding the event giving rise to the liability.
9. Disclaimer of Warranties
9.1. The Service is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.2. We do not warrant that the Service will be uninterrupted, error-free, or entirely secure, and we shall not be responsible for any interruptions or errors.
10. Termination
10.1. We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and without prior notice.
10.2. You may terminate your use of the Service at any time by discontinuing use and canceling any active subscriptions.
10.3. Upon termination, all rights granted to you under these Terms will immediately cease, and you must cease all use of the Service.
11. Governing Law and Dispute Resolution
11.1. These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions.
11.2. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the Israeli Institute of Commercial Arbitration.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Shalosh Labs LTD
Address: Karlibach 27, Tel Aviv, Israel
Email: amos@getswan.com
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
