Terms and Conditions

November 2025

For the previous version click here.

Thank you for your interest in Lusha. These terms and conditions (these “Terms”) along with the chosen plan , and/or document incorporating such Plan (the “Plan”, and together with the Terms, the “Agreement”) shall govern the relationship, and constitute a legally binding agreement, with Lusha Systems Inc. and/or Lusha Systems Ltd. (“Lusha”, the “Company”, “we” or “us”) and you (the “Customer”, and together with Lusha, the “Parties”, and each individually, a “Party”), together with any applicable Supplementary Terms available here Please read the Terms and the details of the Plan carefully before installing or using the Platform and any applicable Supplementary Terms frequently to remain informed of any changes to them.

1. Platform.

By accessing, using, downloading, or installing the Platform, Customer acknowledges that: (a) Customer has read and accepted to be bound by and will comply with these Terms as well as the Privacy Policy (each of which is incorporated herein by reference) as may be amended from time to time by Lusha in its sole discretion; (b) Customer understands and agrees to use and access the Platform and obtain Data only for the Customer’s internal business uses and operations, and only for one or more of the following objectives: B2B sales/marketing to prospective and current customers, recruitment, business intelligence or fraud prevention purposes (the “Purpose”).
Additional terms and restrictions (“Supplementary Terms”), available here, may be applicable to some of the features available on the Platform (each being a “Feature”). Customer agrees to the applicable Supplementary Terms at the time they choose to add or use the corresponding Feature. Unless expressly stated otherwise, these Terms apply to the use of such Features.
Subject to the terms of the Agreement, Lusha agrees to license access to its proprietary online platform to the Customer, which platform enables Customer to utilize Lusha’s service(s) (as set out in the relevant Plan) to gain access to business intelligence and insights relating to businesses and business professionals (each such individual, a “Business Contact”, and such business intelligence and insights information referred to collectively as the “Data”), compiled from multiple sources retained in Lusha’s B2B database (“Database”), accessible on a ‘Platform as a Service’ basis, including (where applicable) through the use of an API, integrated application, browser extension, downloadable software or Lusha’s website (www.lusha.com (“Site”)) and any feature, functionality, data, and content therein (the “Platform”).

2. Platform as a Service

End Users:
1. As used in these Terms, an “End User” means an individual employee of Customer who is granted a Seat (as defined herein in Section 2.2) on the Platform in accordance with the terms of this Agreement (up to the number of End Users provided for in the applicable Plan). Customer is solely responsible for designating to whom Seats will be granted, managing their access rights (including adding and removing access rights of End Users), and ensuring their compliance with this Agreement. An End User must: (i) be at least 18 years of age; (ii) be a natural person (e.g. not a shared account or group account); and (iii) act within the scope of their relationship with the Customer and strictly in accordance with the Purpose when using the Platform.
  If you are using Lusha as a member of an organization or using your organization’s email domain (thereby representing yourself as a member of the organization) you represent, warrant, and covenant that you are authorized to enter this Agreement on behalf of such business organization, notwithstanding whether you or your company make payment of the Fees, and such business organization shall be a party to and bound by the terms hereof, and will thereby be the Customer, and that Lusha may share your email address and Plan information with an authorized agent of your company or organization upon request in order for them to administer the account for the company or organization. For the avoidance of doubt, use of the Platform is not permitted for anyone under the age of 18. To the extent that you or your employer have entered into another written agreement with Lusha, in respect of your account, that contains terms that directly conflict with any terms of this Agreement, then the relevant terms set forth in such other agreement will prevail and apply.
2. Each End User will be provided with access to the Platform via a unique username and password (“Login Credentials”). To obtain Login Credentials, Customer acknowledges that End Users must provide Lusha with certain identifying information (including names and business email addresses), which information must be accurate and complete. You also agree to inform us immediately of any unauthorized use of your account or any change in your credentials. By accepting the terms of this Agreement, you declare that you are responsible for all activities taken under your account.
  Login Credentials must be kept secret and secure, and may not be shared, reassigned, transferred or sublicensed to any other person, except as explicitly permitted by this Agreement. Unauthorised use or sharing of Login Credentials constitutes a breach of this Agreement. In the event any End User’s Login Credentials are disclosed to any person, Lusha shall have the right, at its discretion and in addition to any other remedies available to it pursuant to this Agreement, to (a) treat this disclosure as Customer’s subscription, as of the time of such disclosure, to an additional Seat for each person to whom such Login Credentials were disclosed, in which case Lusha shall invoice Customer for additional Fees resulting from the number of additional Seats, and Customer shall pay the amount invoiced in accordance with the payment terms set forth in the Agreement; and/or (b) suspend, cancel or terminate the relevant Login Credentials in accordance with Lusha’s rights as set forth in the Agreement.
  If the employment of any End User that was in effect as of the date such person was designated as an End User terminates, such person’s authorization to access the Platform shall be revoked automatically without any further action by Lusha. In the event of such termination, Customer shall promptly notify Lusha and take all reasonable steps to ensure that such person ceases accessing the Platform. Customer may reassign Seats in good faith, provided that all reassigned End Users meet the requirements set forth in Section 2.1.1. Please note that there will be no refunds in the event of the aforementioned.
3. Once You create an account, You and any other individual under such account, will automatically join our mailing list via which we shall provide you with service and technical updates and billing notifications as well as marketing messages. You can choose to remove Your email address from receiving marketing materials from that mailing list by choosing the “unsubscribe” link at the bottom of any email communication Lusha sends to you.
As used in the Agreement, a “Seat” refers to a single, non-transferable license that grants access to the Platform for one End User. Seats are purchased by the Customer in the quantity specified in the applicable Plan and represent the maximum number of End Users authorized to access the Platform simultaneously. Subject to the terms of the applicable Plan, each Seat: (i) is tied to a specific End User and their unique Login Credentials; (ii) cannot be shared among multiple individuals; and (iii) may be reassigned to a new End User in compliance with the terms outlined in this Agreement. If Customer exceeds the number of Seats purchased, whether by designating more End Users than the number of Seats allocated in the applicable Plan or sharing Login Credentials, Customer will be deemed to have purchased additional Seats and shall be charged the applicable additional Fees. Additional Fees will be calculated based on the prevailing rate and prorated for the remaining duration of the then-current Term. Seats are subject to all other terms and conditions of this Agreement, including the obligations related to End Users. Any individual who accesses the Platform under this Agreement must be provisioned a Seat and shall be deemed to be an End User.
As used in this Agreement, “Credit” means a non-exclusive, non-sublicensable, non-transferable, worldwide, revocable and limited right to access Lusha’s Platform, Data or Purchased Features as determined by the type of Credits purchased in the relevant Plan. For the avoidance of doubt, Credits purchased by Customer and not used by the end of the applicable Term shall expire at the end of such Term and not roll over to any renewal term. Any additional Credits may be purchased on an ad hoc basis for an additional fee. Once a Credit is used, the use cannot be revoked, and no replacement Credits or refunds will be provided based on the amount or quality of a particular record. “Annual Credits” referenced in a Plan are intended and shall be construed as the total, aggregate number of Credits available for the entire term covered by such Plan.
Customer may continue to use the Data after the termination of the Agreement, provided that such termination was not a termination by Lusha pursuant to Sections 15.2, 15.3, 15.3 or 16, subject to the restrictions outlined in tSections 3, 4, 5, 6, and 14 below, or as otherwise agreed in writing between the Parties.
The Platform is provided subject to certain usage limits outlined in the Feature-Specific Terms and Acceptable Use Policy incorporated therein. If Customer wishes to extend such usage limits, such extension will require a written agreement between the Parties.

3. Available Support.

Lusha guarantees that the Platform will be available at least 99% of the time on a weekly basis (“Platform Availability”). Platform Availability excludes planned outages for system maintenance, which are, to the extent possible, performed outside of usual business hours (GMT) or on Saturdays or Sundays (“Planned Outages”) and excludes unavailability caused by factors outside of Lusha’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised (as set out in Sections 9.5 and 16). Aside from emergencies, Planned Outages will generally be performed in a way that minimizes impact to the Platform as a whole and will be resolved within 12 hours. In the event that actual availability falls below the Platform Availability, Customer may provide written notice to Lusha, and if availability again falls below the Platform Availability within 3 (three) months of such notice, Customer may terminate this Agreement upon written notice to Lusha and shall be entitled to a prorated refund of the total prepaid fees for any complete months remaining in the applicable Term, as at the date of such termination.
Customer support is available Monday to Friday 9:00 to 00:00 (GMT+3), and 15:00 to 00:00 (GMT+3) on Sundays and public holidays in Israel (excluding Planned Outages). Customer support is available via live chat through Lusha’s website or via support@lusha.com.
Lusha has created different tools to help users address frequently asked questions and additional technical and general support issues. In addition, Lusha tests frequent updates, maintenance, error shooting and additional means in order to improve the Platform. However, Lusha does not undertake to keep operating any of the above, and reserves the right to change, reduce, limit or terminate its maintenance and support efforts.

4. Authorized Use.

Customer is solely responsible for all data, graphics, images, files, information, text, voice content, recordings, and other content and materials that are submitted, collected, uploaded, posted, delivered, provided, or otherwise transmitted, disclosed to, or shared with, Lusha via the Platform (including any of such information stored by Customer and to which Lusha is given access) including any search query, prompt or instructions in connection with Customer’s use of the services (“Input”), or stored by Customers, as applicable (collectively, “Customer Data”), and Customer represents and warrants that it has all rights and authority necessary to provide Customer Data to Lusha without violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Upon sending Customer Data to Lusha (e.g. using CSV enrich/API enrich, Salesforce recommendations) Customer shall be solely responsible for providing any required notices (including without limitation any privacy notices required by applicable local, state, federal, and international laws and regulations) and for obtaining any required consents sufficient to authorize Lusha’s performance of its obligations and exercise of its rights as set forth in this Agreement. Customer shall not transmit any medical information, financial data, or other sensitive data (as defined in Applicable Privacy Laws) to Lusha and to the extent that the Customer transmits the same, Customer shall take all action necessary to recall or otherwise remove access to such sensitive information, including, without limitation, immediately delivering to Lusha a full description of such sensitive data and identifying all reasonable steps for its immediate return and/or deletion.
Customer acknowledges and agrees that any use of the Platform and Data by its End Users for the Purpose, including any instructions, commands, or actions performed within the scope of the granted license, shall be deemed authorized and permitted by Customer. Customer assumes full responsibility for all actions undertaken by its End Users in connection with the use of the Platform and Data.
Prohibitions on sharing access with entities that are not affiliated with Customer:
1. Customer shall not purport to sub-license or otherwise transfer or share its right to access and use the Platform or provide remote access to the Platform or Data to or for the benefit of any third party or any unauthorized person;
2. Customer shall not permit the use of a Seat by more than one individual;
3. Customer shall impose limitations on the number of domains associated with each Customer account; such limitations are in place to safeguard the security, confidentiality, and integrity of Customer data and to mitigate the risk of unauthorized access, misuse, or exploitation;
4. Customer shall not, without prior written consent by Company, invite, permit, or otherwise enable access to the Platform to users affiliated with entities or domains unrelated to Customer.

We reserve the right to modify, change to, suspend or discontinue, temporarily or permanently the Platform or any Features (the “Changes”) with or without notice with no liability, at any time and for any reason, including without limitation any Changes which may be done automatically for the purpose of improving, enhancing or de-bugging versions of the Platform or other aspects thereof. We will notify you of any adverse material changes via the Site or Platform (including without limitation by sending you an email notification or by way of on-screen pop-ups) or by any other means prior to those Changes becoming effective. Otherwise, any other, non-material change, will be effective upon the “last updated” date stated at the top of these Terms. Your continued use of the Platform, following any such Changes, constitutes your complete and irrevocable acceptance of such Changes and the revised Terms. If you do not agree with the new/modified Terms, your sole remedy is to discontinue using the Platform. For the avoidance of doubt, the then-current version of these Terms will supersede all earlier versions.

5. Intellectual Property Rights.

As between Lusha and Customer, (i) all intellectual property rights in the Data, Lusha’s database, the Platform, the Features, and any part thereof, and any and all derivatives, changes, recommendations, insights and action items including as produced or trained through the AI Features (as defined below), and changes and improvements thereof lie exclusively with Lusha except as explicitly licensed herein. In addition, s Lusha owns the layout, appearance, trademarks, code, and other intellectual property comprising the services; and (ii) the Customer owns all rights, title, and interest in and to the Customer Data. The Customer Data may vary depending on the products or features used as well as Customer’s particular use of such products or features.
Subject to the terms and conditions of the Agreement, Lusha grants to Customer a non-exclusive, non-sublicensable, non-transferable, worldwide, and limited right, throughout the Term (as defined in Section 15 below) solely for the Purpose, for such number of End Users and limited to such number of Credits (as defined below) by which Customer can receive Data through the use of the Platform, all as specified in the Plan, for use in accordance with the terms of this Agreement. Further, Lusha hereby grants Customer a perpetual, non-exclusive licence to the Output, subject to Customer’s ownership of the relevant Input, including, without limitation, the relevant Customer Data.
The Customer hereby grants Lusha a fully paid up, worldwide limited license to use the Customer Data, including the Inputs and Related Information, to the extent applicable, for the purpose of providing its services detailed in the Order Form, including the AI Features, and to improve, develop and support the Platform., Data, Features and other services.
If Customer provides Lusha with suggestions or feedback, which may concern, but are not limited to, the Data, Lusha’s Database, Platform or Features or services, and any customizations, features, improvements, modifications, corrections, enhancements, derivatives or extensions thereto (“Customer Suggestions”), such Customer Suggestions shall be deemed the sole property of Lusha (except to the extent that such Customer Suggestions include Customer Data, which shall remain Customer’s property), and Customer hereby irrevocably transfers and assigns to Lusha all intellectual property or proprietary rights in and to such Customer Suggestions and, to the maximum extent permitted by law, waives any and all derivative rights and copyrights to Customer suggestions and hereby irrevocably waives the right to claim or bring proceedings in connection with such rights.
Lusha’s Platform or Data may reference links to other websites (the “Linked Sites”). Lusha neither endorses nor is affiliated with the Linked Sites and is not responsible for any of the content on the Linked Sites or the use thereof.
Customer shall not use any trade name, trademark, service mark, brand, or logo of Lusha, or any link to a Lusha website, for any purpose other than in connection herewith, including, without limitation, in any communications using Data from Lusha, without Lusha’s prior written consent.

6. Obligations of the Parties.

Customer shall not, and shall not permit any third party to:
1. interfere or attempt to interfere with the Platform, infiltrate, hack, reverse engineer, decompile, or disassemble the Platform or Lusha’s database or use the Data to compile similar databases, platforms, or services or compete with Lusha;
2. use a robot or other automated means to access or scrape the Platform or extract Data other than such tools as are explicitly contemplated and provided via the Platform (e.g., integrations allowing the export of Data into Customer’s CRM);
3. override or circumvent, or attempt to override or circumvent, any security feature, control, or use limits of the Platform, or employ any measure intended to circumvent limitations to purchased credits or Seats;
4. use the Data for any reason or in any way other than for the Purpose (such as for business-to-consumer (B2C) activities, including but not limited to marketing, advertising, and the direct solicitation of individuals);
5. publish, distribute, share, sell, lease, transfer, or otherwise make the Data available to any third person or entity and will use its best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity;
6. purport to or actually sub-license its right to access and use the Platform or provide remote access to the Platform or Data to or for the benefit of any third party or any unauthorized person;
7. permit the use of a single End User license by more than one individual;
8. use the Platform to determine a consumer’s eligibility for credit or insurance for personal, family, or household purposes, employment or governmental licence or benefit, or any purpose covered by the Fair Credit Reporting Act or similar legislation in any other relevant jurisdiction;
9. violate third parties’ rights to privacy and other rights;
10. use the Platform in any way, or use the Data for any purpose, that can be deemed to be stalking, offensive, abusive, defamatory, fraudulent, deceptive, threatening, advocating harassment or intimidation;
11. disparage or misrepresent the capabilities or reputation of Lusha; and use the Data or Platform to impersonate a Business Contact, to de-anonymize Personal Data, obtain unfair advantage or otherwise engage in any other dishonest or illegal conduct; and
12. disclose the source of Data provided by Lusha unless obligated to do so by law.
With regard to any use of the Data, Customer agrees to comply with all applicable data protection, security, marketing, or privacy-related laws, statutes, directives, or regulations, including but not limited to:
1. General Data Protection Regulation 2016/679, the Privacy and Electronic Communications Directive 2002/58/EC, together with any amending or replacement legislation, any EU Member State law or regulations promulgated thereunder (“EU GDPR”);
2. UK Data Protection Act 2018, the UK General Data Protection Regulation, and the Privacy and Electronic Communications Regulations 2003 (“UK GDPR” and, together with the EU GDPR, the “GDPR”);
3. California Consumer Privacy Act of 2018 and the California Consumer Privacy Act Regulations together with any amending or replacement legislation (“CCPA”);
4. Laws governing the monitoring or recording of conversations, including, without limitation, US TCPA, the Telemarketing Sales Rules or any similar laws. In any conversations where Customer initiates call recording through the Platform, it is Customer’s sole responsibility to inform the other party(ies) to such conversations that the call is being recorded, as required under applicable laws. By using the recording feature, Customer authorizes Lusha to store the recordings for the purpose of delivering the services;
5. the U.S. Federal CAN-SPAM Act of 2003 (“CAN-SPAM”) and Canada’s Anti-Spam Legislation (“CASL”) together with any amending or replacement legislation; and
6. all other equivalent laws and regulations in any relevant jurisdiction relating to Personal Data and privacy (together with GDPR, CCPA, CAN-SPAM, and CASL (“Applicable Privacy Laws”), in each case as may be amended, consolidated, extended, re-enacted, or replaced from time to time. “Personal Data” shall have the meaning ascribed to it in EU GDPR.
In the case of any violation of the obligations in this Section 6 by Customer, Lusha may immediately suspend Customer’s access to the Platform, in accordance with Section 15 below. In addition to any other damages it may be entitled to under the law, should Customer or any person using the Platform through Customer’s account intentionally breach any material term of these Terms, Lusha shall have a right to seek injunctive relief, including attorneys’ fees and court costs.

7. Privacy and Artificial Intelligence.

Each Party will process Personal Data in accordance with the data processing addendum which is available at: https://www.lusha.com/legal/dpa/ (the “DPA”) (“Personal Data” shall have the meaning ascribed to it in Regulation (EU) 2016/679). In the event of any conflict between the DPA and these Terms, as relates to the subject matter of the DPA, the DPA will supersede.
With regard to any use of the Customer Data, Lusha agrees to comply with Applicable Privacy Laws to which it is subject.
You authorize Lusha to store or process Your Data in the United States or any other country in which Lusha or its sub-processors maintain facilities. You appoint Lusha to perform any such transfer of your Data to any such country and to store and process your Data in order to provide access to and use of the Platform or by your documented instructions. Any such transfer shall be effected by way of a legally enforceable safeguarding mechanism that is permitted under the DPA, including but not limited to the Standard Contractual Clauses.
If Lusha informs Customer that a data subject has made a request that their Personal Data be removed from Lusha’s Platform, Customer shall remove such data from its possession without undue delay, unless the Customer has another valid legal basis under applicable law to process such data, such determination being made by the Customer at its sole risk. Customer confirms that it will at all times maintain an active End User of ‘administrator’ status (the “Admin”) whose responsibility it will be to ensure compliance with the aforementioned requirement.
Lusha offers certain features, including artificial intelligence (“AI”), machine learning, or similar functionality within the Platform, which the Customer can choose whether to activate and purchase or not, including features designed to analyze what certain companies (of the same size and industry as the Customer) are searching for in Lusha’s Platform and recommending how to get better enrichment results based on such searches; voice to text features, including transcripts, insights derived from such transcripts; summarizing tools; marketing intelligence, and others, all as detailed in the Supplementary Terms (collectively, the “AI Features”). The AI Features may include technology developed by Lusha or a third-party provider and may be subject to such third-party providers’ terms in addition to the terms set forth herein.
The Output insights generated and returned by the AI Feature are based on the Input provided by Customer and based on the queries drafted and used by the Customer. Customer is responsible for (i) the lawfulness of all Inputs; and (ii) all decisions, actions, or inactions arising from its use of the AI Features. Customer acknowledges and agrees that such Output may be inaccurate, inappropriate, or biased. Customer is responsible for implementing reasonable practices, including human oversight, to guard against Outputs being used in an unsuitable or unlawful way or in violation of the rights of others, and it is Customer’s responsibility to validate such data.
Lusha acknowledges that Customer Data provided by the Customer via its account’s integrations and enrich services is confidential. Lusha is committed to safeguarding Customer Data and respecting its users’ privacy. Therefore, Lusha confirms that it will not use Customer Data to train public AI. Notwithstanding the foregoing, AI Features may be trained in Lusha’s local and offline environment for product and research development purposes, mainly with regard to Customers’ metadata. Lusha may also analyse Customer Data, including the Input and Output, to provide, develop, and improve the services, including through the use of techniques such as machine learning, provided that (i) no Customer Data, including, but not limited to, Personal Data, shall be shared with any other customer, (ii) any such use by Lusha shall comply with Applicable Privacy Laws and shall be conducted in a manner that does not identify Customer or any of its End Users.
Customer acknowledges that, through the use of the Platform, Customer may transmit information to Lusha for the purpose of receiving the services (“Related Information”) which may be used by Lusha for purposes including, but not limited to: matching, cleansing, or updating records with information from Lusha’s database; providing customer and technical support; ensuring regulatory and third-party compliance; protecting and enforcing Lusha’s rights; monitoring compliance with and investigating potential breaches of the terms of this Agreement; and recommending additional products or services to Customer. Lusha may use data collected from Platform features, including audio and video recordings, transcripts, and CRM-related interactions, for the purpose of training and improving its internal algorithms, subject to its Privacy Policy. Notwithstanding anything in this Agreement to the contrary, Customer agrees that any information so transmitted or accessed may be used by Lusha to test, develop, improve, or enhance Lusha’s products and services, and to create and own derivative works based on Related Information and feedback, so long as neither Customer, any End User nor any other individual is identifiable as the source of such information. Customer grants Lusha an irrevocable, perpetual, worldwide, transferable, sublicensable, and royalty-free license to the Related Information. To the extent that any such information is subject to Applicable Privacy Laws (which may include the UK/EU GDPR), the Parties agree that each of them shall act as an independent Data Controller (pursuant to Applicable Privacy Laws) in relation to such information. Customer may modify these permissions via functionality within the Lusha Platform.

8. Confidentiality.

Each Party (each a “receiving party”) may have access to certain non-public proprietary, confidential information or data of the other Party (each a “disclosing party”), regardless of how it is furnished, which a reasonable person or entity would reasonably believe is proprietary, confidential, or competitively sensitive (together, the “Confidential Information“). The fact that the Parties entered into these Terms, and the contents of these Terms, shall be deemed Confidential Information.
Confidential Information shall exclude any information that (i) is now or subsequently becomes generally available in the public domain through no fault or breach on the part of receiving party; (ii) the receiving party can demonstrate in its records to have had rightfully in its possession before disclosure of the Confidential Information by the disclosing party; (iii) the receiving party rightfully obtains from a third party who has the right to transfer or disclose it, without default or breach of these Terms; or (iv) the receiving party can demonstrate in its records to have independently developed, without breach of these Terms or any use of or reference to the Confidential Information.
The receiving party agrees:
1. not to disclose the disclosing party’s Confidential Information to any third parties other than to its directors, officers, employees, advisors, and/or consultants (collectively, the “Representatives“) on a strict “need to know” basis provided that such Representatives are bound by written agreements to comply with confidentiality obligations as protective as those herein;
2. to inform the disclosing party immediately on becoming aware or suspecting that an unauthorized party has become aware of or gained access to the Confidential Information of the disclosing party;
3. not to use or reproduce, or knowingly allow anyone else to reproduce, directly or indirectly, any of the disclosing party’s Confidential Information for any purposes except to carry out its rights and responsibilities under these Terms; and
4. to keep the disclosing party’s Confidential Information confidential using at least the same degree of care it uses to protect its own confidential information, which shall in any event not be less than a reasonable degree of care.Notwithstanding the foregoing, if the receiving party is required by any applicable law, rule, or regulation, to disclose the disclosing party’s Confidential Information, then before such disclosure, the receiving party will give written notice (to the extent permissible by applicable law) to the disclosing party so that it may seek appropriate relief and will disclose Confidential Information to the minimum extent required.
For the avoidance of doubt, Lusha will not sell Customer Data.
The Customer shall not ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm, advocate, incite harassment, or abuse another person, group, Lusha employees, including Lusha’s customer service representatives, hatefully, racially, religiously, ethnically or in any other manner.
Customer will not sell Lusha’s data: Customer acknowledges that the Data obtained using Credits are for its own use only and that the disclosure to a third party of Business Contacts or any other Data, permitting a third party to access any Business Contact records or any other Data through use of Login Credentials to the Platform issued to any End User or the use of the Business Contacts or other Data for the benefit of or on behalf of any third party (“Covered Breach”), will cause damage to Lusha in an amount that is difficult to quantify. In order to avoid the time and expense of quantifying the damages caused by a Covered Breach, if Customer, negligently or intentionally, commits a Covered Breach involving the disclosure of Business Contact records, then Lusha shall be entitled to liquidated damages from Customer in the amount equal to $2.00 per Business Contact record that is so disclosed, used, or made available per third party recipient or beneficiary, as applicable. For the avoidance of doubt, such liquidated damages are considered direct damages to which Lusha is entitled arising from such Covered Breach, and are cumulative with any other damages that may be caused by such Covered Breach.

9. Representations and Warranties.

Each Party represents and warrants that (i) these Terms, constitute legal, valid and binding obligations, enforceable against it in accordance with these Terms;

it is validly existing and in good standing, and is qualified to do business;

the execution and performance of these Terms, the purchase of the Plan, and the use of the Platform have been properly authorized.
Customer represents and warrants to Lusha that:
1. it is not a data broker and is not entering into this Agreement in order to resell, or with the intention of reselling, the Data to third parties;
2. it shall not engage in any conduct that brings or is likely to bring the reputation of Lusha into disrepute;
3. it shall ensure that all information to be provided by it to Lusha in connection with this Agreement and the performance of Customer’s obligations hereunder is and shall remain true and correct in all respects;
4. it will not use a robot or other automated means to access the the Platform or extract Data other than such tools as are explicitly contemplated and provided via the Platform (e.g., integrations allowing the export of Data into Customer’s CRM);
5. it is not named on any U.S. or other government restricted-party list, and will not permit any End-User to access or use the Platform in a U.S.-embargoed country or region, or for any prohibited end use (e.g., nuclear, chemical, or biological weapons proliferation, or missile-development purposes); and
6. it shall not take any action (or, as the case may be, omit to take any action) that would directly or indirectly infringe upon or misappropriate the intellectual property of Lusha or its affiliates.
Lusha warrants during the Term that the Platform will materially conform to the applicable guides and help materials available to Customer or within the Platform. For breach of the foregoing, as Lusha’s sole liability and Customer’s exclusive remedy, Lusha will correct the non-conforming service.

10. Indemnification.

1. Lusha will defend and indemnify Customer from and against all costs, liabilities, damages, losses, and expenses (including reasonable legal fees) finally awarded or settled against Customer pursuant to a third-party claim arising out of any allegation that the Platform infringes upon any intellectual property right of such third party (a “Claim”).The foregoing indemnification obligations do not apply if (i) the allegation does not state with specificity that the Platform is the basis of the claim against Customer; (ii) a claim against Customer arises from the use or combination of the Platform or any part thereof with software, hardware, data, or processes not provided by Lusha if the Platform or use thereof would not infringe without such combination; or (iii) a claim against Customer arises from Customer’s breach of these Terms. Under no circumstances whatsoever will Lusha be liable in any way for any actions or inactions made by Customer, its employees, agents, partners, service providers, sub-processors or any other third party in respect of the Data. For any Claim defended and indemnified by Lusha pursuant to this Section 9.3, Lusha shall provide any of the following remedies, at its discretion: (a) Lusha shall modify the Platform so that the modified version no longer infringes the relevant third-party intellectual property (as applicable) or otherwise resolves the Claim; (b) Lusha shall resolve or settle the Claim with the relevant third-party, provided that such resolution or settlement shall not require any payment or other consideration or undertaking from Customer without Customer’s express written consent; or (c) if Lusha determines that it is not able to provide the remedies set forth in (a) and (b) above, Lusha may terminate the Agreement and provide to Customer a prorated refund of any pre-paid fees for any remaining portion of the Term following the date upon which Customer’s use of the Platform was interrupted or prevented in connection with the Claim. The foregoing indemnity is subject to the terms of Section 10.3, and is Lusha’s sole obligation, and Customer’s sole remedy, in the event of a Claim.
Customer agrees to indemnify and hold harmless Lusha and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, costs, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from:
1. Customer’s sending of any information, messages, or materials to any Business Contact (including, but not limited to, through e-mail, mail, or fax) in violation of any law or the rights of any third party;
2. Customer’s violation of these Terms;
3. any data provided by Customer to Lusha;
4. the undue or unauthorized interference by Customer or any of its representatives with the Platform, Data, or Database in any respect;
5. use of any Data or access to the Platform in violation of any law or by any third party to whom Customer has granted access (including access obtained by such third party through the use of the Login Credentials assigned to each End User);
6. gross negligence, wilful misconduct, or any fraudulent act or omission of Customer and/or its representative in carrying out or failing to carry out its obligations under these Terms.
In order to claim indemnification under these Terms, the indemnified party shall provide the indemnifying party with: (i) prompt written notice of the claim subject to the indemnification; (ii) the right to control and direct the investigation, defence, and settlement of such claim (except that the indemnifying party may not settle any claim or proceeding unless it unconditionally releases the indemnified party of all liability); and (iii) reasonable cooperation in connection with any related investigation, defence, and settlement.

11. Disclaimer of Warranties.

EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED HEREIN, AND THEN ONLY TO THE EXTENT SO SPECIFIED,LUSHA PROVIDES ACCESS TO THE PLATFORM, SERVICES, AND DATA TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, LUSHA DOES NOT WARRANT THAT THE PLATFORM, DATA, OUTPUT, OR ANY OF THE SERVICES RELATED THERETO (i) WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. LUSHA OPERATES AS AN INTERACTIVE SERVICE, AND AS SUCH MOST OF THE INFORMATION IT PROVIDES IS NOT CREATED DIRECTLY BY LUSHA BUT IS RETRIEVED FROM THE INTERNET OR THE CONTRIBUTION OF RELEVANT DATA FROM OTHER USERS AND BUSINESS PARTNERS; ACCORDINGLY, EXCEPT AS EXPRESSLY SPECIFIED IN SECTIONS 9 AND 10 AND ONLY TO THE EXTENT SO SPECIFIED THEREIN, LUSHA SHALL NOT HAVE ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY DATA PROVIDED THROUGH USE OF THE PLATFORM AND CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR CUSTOMER’S USE OF THE PLATFORM, AND DATA.
CUSTOMER DOES NOT HAVE THE RIGHT TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE COMPANY TO ANY THIRD PARTY.CUSTOMER ACKNOWLEDGES AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR ITS USE OF THE PLATFORM, DATA, OUTPUT AND SERVICES, INCLUDING ITS COMPLIANCE WITH ANY APPLICABLE LAWS, RULES, REGULATIONS AND INDUSTRY STANDARDS RELATED TO ITS USE THEREOF. USE CUSTOMER’S PROCESSING OF ANY DATA OBTAINED USING THE PLATFORM IS AT CUSTOMER’S OWN RISK AND DISCRETION AND LUSHA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO CUSTOMER’S COMPUTER OR TO CUSTOMER DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE PLATFORM OR ANY DATA OBTAINED THEREFROM.
LUSHA MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, ACCURACY, OR SUITABILITY OF ANY RECOMMENDATIONS, SIGNALS, INSIGHTS, OUTPUTS OR OTHER DERIVATIVE WORKS GENERATED BY THE PLATFORM OR ANY AI FEATURES, INCLUDING ANY SUMMARIES, TRANSCRIPTS, ACTION ITEMS, OR ANALYTICS DERIVED FROM CUSTOMER OR THIRD-PARTY DATA. CUSTOMER UNDERSTANDS AND AGREES THAT SUCH OUTPUT MAY BE INCOMPLETE, INACCURATE, OR MISLEADING, AND CUSTOMER BEARS SOLE RESPONSIBILITY FOR REVIEWING, USING, VALIDATING AND RELYING UPON SUCH OUTPUT.
CUSTOMER ACKNOWLEDGES THAT CERTAIN FEATURES MAY REQUIRE CONSENT FROM INDIVIDUAL END USERS OR BE SUBJECT TO SPECIFIC REQUIREMENTS PURSUANT TO THE LAWS TO WHICH CUSTOMER OR ITS INDIVIDUAL END USERS ARE SUBJECT, OR THAT SUCH FEATURES MAY BE ENABLED OR DISABLED BY ADMINISTRATORS AT CUSTOMER’S DIRECTION. CUSTOMER BEARS SOLE RESPONSIBILITY FOR CONFIGURING THE PLATFORM IN ACCORDANCE WITH APPLICABLE CONSENT REQUIREMENTS, AND ANY OTHER LEGAL REQUIREMENTS AND FOR PROVIDING ANY LEGALLY REQUIRED DISCLOSURES TO END USERS OR THIRD PARTIES.
WITH RESPECT TO ANY FEATURES THAT RECORD AUDIO, VIDEO, OR ACCESS CALENDAR OR EMAIL CONTENT, CUSTOMER ACKNOWLEDGES THAT CUSTOMER REMAINS SOLELY RESPONSIBLE FOR INFORMING ATTENDEES OR USERS AND OBTAINING ANY REQUIRED CONSENTS, EVEN THOUGH LUSHA MAY INCLUDE, IN SUCH FEATURE, THE DISPLAY OF A NOTICE OF RECORDING OR ACCESS AS A PART OF THE SERVICES. LUSHA DISCLAIMS ALL LIABILITY ARISING FROM CUSTOMER’S FAILURE TO COMPLY WITH THE FOREGOING.
IN ADDITION TO THE DISCLAIMER INCLUDED IN SECTION 10.2 , THE AI FEATURES ARE PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. LUSHA AND THE THIRD-PARTY PROVIDER, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURES, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, OUTPUT, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURES.
For the avoidance of doubt, Lusha will not be responsible for any actions or inactions of Customer that result in a loss of or interruption to the Platform. As used herein, a “Third Party Product” is any third-party product, application, service, software, network, system, directory, website, database and/or information obtained separately by you which links to the Platform, or which you may connect to or enable in conjunction with the Platform, including, without limitation, Third Party Products which may be integrated directly into the Platform or any Features (if applicable) by you or at your direction. If You choose to share your data in any manner, including through a Third Party Product or integration you are solely responsible for what that third party may do with your data, and your relationship with that third party. Likewise, you are solely responsible for any of the effects a Third Party Product may have on your data, including deleting or corrupting your data. Except for these sub-processors, you acknowledge that Lusha is not responsible for the disclosure of Your data by you or your agents (including your End Users) to any third parties or the effects of any Third Party Product on your data.
Certain AI Features may provide output based on Customer Data input by Customer itself. Customer acknowledges and agrees that such AI Features may provide output that is inaccurate or false, and it is Customer’s responsibility to validate such data.

12. Limitation of Liability.

EXCEPT FOR INSTANCES OF A PARTY’S OR ITS AGENT’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT,IN NO EVENT WILL LUSHA BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, MULTIPLE, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OF FOR ANY LOST PROFITS, LOST BUSINESS, LOSS OF USE, LOSS OF DATA, LOST OR CORRUPTED DATA COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR ARISING, BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF THESE TERMS, THE DPA, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WHETHER OR NOT LUSHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY UNCURED MATERIAL BREACH BY LUSHA OF ITS OBLIGATIONS UNDER THIS AGREEMENT IS TERMINATION OF THE APPLICABLE PLAN BY WRITTEN NOTICE TO LUSHA, AND A PRORATED REFUND (WHERE APPLICABLE), IN ACCORDANCE WITH SECTION 16.3.3 BELOW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LUSHA’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF USD100.

13. Fees; Tax.

Certain plans and Features may be subject to payment of particular fees (“Fee(s)”), as determined by Lusha in its sole discretion. Lusha will provide notice of such Fees then in effect in relation to such plan on sign-up therefor. All Fees are due and payable in advance and shall be paid by credit card in accordance with Lusha’s provided instructions. All Fees shall be deemed to be in U.S. Dollars. Customer is obligated to fulfill the entire payment amount for the Term. Any outstanding balance at the time of termination must be paid in full by Customer without regard to the remaining duration of the term of the applicable Plan.
Lusha reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing Plan. If you received a discount or other promotional offer, Lusha shall have the right to automatically and without notice renew your Plan at the full, and then-applicable Fee.
For the avoidance of doubt, all payments under these Terms are non-refundable.
1. Taxes. To the extent permitted by law (and unless specified otherwise by Lusha in writing), all amounts payable to Lusha are exclusive of all taxes, levies or similar governmental charges, howsoever designated, except for taxes assessed against Lusha directly by a relevant tax authority and you shall be responsible for payment of all applicable taxes relating to Your use of the Platform, or to any payments or purchases made by You. Lusha is not responsible for any such additional fees or costs.
Unless otherwise agreed to in writing between the Parties, if under applicable law taxes are required to be withheld, Customer shall pay Lusha an amount such that the net amount after withholding of taxes shall equal the amount that would have been otherwise payable under these Terms.
Late Payment
If Customer fails to pay any Fees due to Lusha by their due date (according to your chosen Plan) Lusha has the right, without prejudice to any other rights that it has in law, to implement, at its sole discretion and on notice to Customer, a Suspension or Limitation process as set forth in Section 14 below. Any amounts payable to Lusha by Customer that remain unpaid after the due date shall be subject to a late charge equal to 1.5% of the invoice amount per month from the due date until such amount is paid. Customer shall pay all collection fees, including legal expenses, related to the collection of late payments.
Chargebacks
Lusha reserves its right to dispute any chargeback received from Customer, including by providing the relevant credit card company or financial institution with any information and documentation proving that you are responsible for authorizing such chargeback and continued to make use of and access the Platform thereafter. Your use of the Platform will not resume until you re-subscribe for a new Plan, and pay any applicable Fees in full, including any fees and expenses incurred by Lusha and/or any Third Party Services for each chargeback, if applicable (including Fees for the Platform provided prior to the chargeback, handling and processing charges and fees incurred by the payment processor).

14. Data Cleansing.

Customer acknowledges that through the use of Platform, certain Features may involve the transmission of Business Contact information to Lusha for purposes of matching, cleansing, or updating records with information from Lusha’s database. In the event such information is transmitted to Lusha, Lusha will make commercially reasonable efforts consistent with its research protocols and priorities, to respond to match, clean and append requests by researching and/or verifying business contact information so submitted and supplementing Lusha’s database with information Lusha is able to verify. Lusha may also use email deliverability data (such as email “bounce” data) accessible through Customer’s use of the Platform to improve Lusha’s services, database, Data and Platform by, for example, by eliminating invalid email addresses from the Data.

15. Suspension and Limitation Processes.

If Lusha determines, in its reasonable discretion, that Customer: (a) has committed any act or omission which, is or could be prejudicial to its interests or subject Lusha to liability; (b) used the Platform in a manner that poses a security risk to or may adversely affect the Platform; or (c) used the Platform or Data to engage in bribery, fraud, or other corrupt or illegal actions or omissions, Lusha has the right, without prejudice to any other rights that it has in law, to either of the following remedies:
1. Lusha may unilaterally suspend or discontinue the provision of the Platform to Customer (“Suspension”) for 14 (fourteen) days or such other time as reasonably necessary in order to resolve the issue (“Suspension Period”), provided that:;
  1. If Customer remedies the cause of the Suspension during the Suspension Period, then Lusha will immediately, or as soon as practicably possible thereafter, lift the Suspension; and
  2. If Customer fails to remedy the cause of the Suspension within the Suspension Period, Lusha shall immediately terminate these Terms with immediate effect; or
2. Lusha may immediately terminate these Terms, and recover from Customer damages resulting from such acts or improper uses of the Platform or Data, subject to the limitations set forth in Section 12.
Lusha may, in its sole discretion and based on its internal compliance processes, use technological means to place reasonable use limits on Customer’s daily or monthly consumption of credits or access to the Platform as it deems appropriate (“Limitation”) to protect against any potential or suspected fraud, hacking attacks, misuse of the Data, excessive use, including excessive downloads or screen views that indicate a violation of this Agreement(such as sharing with third parties or attempting to circumvent limitations to Credits (if applicable), and the like. In such an event, Lusha will provide Customer with reasonable advance notice of the Limitation. In response to such notification. Customer may, on written notice to Lusha with justification therefor, request that the Limitation be removed. Lusha, in its sole discretion, may then decide to remove, modify, or retain the Limitation, with due consideration given to whether the justification provided by Customer is in good faith and whether the Customer’s use-case is otherwise in accordance with these Terms. Lusha may also make removal of the Limitation subject to receipt of written and signed representations and warranties as Lusha may deem reasonably appropriate in order to ensure the justification for the removal of the Limitation.
Customer hereby acknowledges that if Lusha determines through its compliance verification processes that the Customer is in violation of any of the representations and/or warranties set forth in Section 9 then (a) Customer shall, upon Lusha’s request, immediately provide Lusha a complete list of all third parties to which Customer disclosed the Data; and (b) , Lusha retains the right to unilaterally terminate these Terms on 7 (seven) days’ prior written notice to Customer, unless Customer provides assurances to Lusha that guarantee its compliance, which guarantees Lusha, in its sole discretion, may or may not accept.

16. Term; Termination.

Term
1. These Terms commence on the date of receipt by Lusha of the full Fee by Customer, unless otherwise agreed in writing between the parties, and shall continue in effect for the subscription period of the applicable purchased Plan (the “Initial Term”) and any Renewal Term thereof (collectively, the “Term”).
2. In order to ensure that Customer does not experience any interruption or loss of Services, at the end of each Term (“Renewal Date”, as applicable), the Plan will automatically renew (“Renewal Date”) by default for a renewal period equal in time to the original subscription period (excluding extended periods) (“Renewal Term”) at the then-current pricing structure for your current Plan (subject to applicable tax changes and excluding any discount or other promotional offer provided for the Initial Term (“Renewal Fees”). Accordingly, on the Renewal Date, Lusha will automatically charge Customer the applicable Fees for the Renewing Paid Plan, using the means of payment Customer used for the prior Term (“Renewal Charge”). If the Renewal Charge is unsuccessful, and if payment of the Renewal Fees are not otherwise received by Lusha when due, Lusha may, in its sole discretion (but shall not be obligated to), retry to collect such Renewal Charge for a period of up to two (2) weeks, during which time, Customer’s access to the Platform, may, at Lusha’s sole discretion, be suspended. . In the event of failure to collect the Renewal Charge, Lusha may, in its sole discretion, suspend or cancel Customer’s Plan, without further notice.
Termination
1. Customer may request to terminate these Terms (and thereby the Plan) at any time, in accordance with the instructions available on the Platform. The effective date for cancellation of the Plan shall be at the end of the current Term.
2. Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to renewing Plans, such subscriptions will be discontinued only upon the expiration of the respective period for which payment has already been made. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
3. Lusha may terminate these Terms with immediate effect by giving written notice to Customer if: (i) the Customer materially breaches these Terms and fails to cure the breach within seven (7) days after being given written notice thereof (or if it is not reasonably possible to remedy the breach within 7 (seven) days, within such further period as may be reasonable in the circumstances provided that Customer furnishes evidence within 7 (seven) days, reasonably satisfactory to Lusha, that it has taken whatever steps are available to it to commence remedying the breach); or (ii) the Customer is declared bankrupt or insolvent, makes a general assignment for the benefit of its creditors, a trustee or receiver is appointed for such party or any petition by or on behalf of such party is filed under any bankruptcy or similar laws; or (iii) the Plan is deemed to be a deprecated Plan by Lusha, in which case Lusha shall provide 30 days prior written notice.
Effects of Termination
1. On termination of these Terms for any reason, Customer will (i) immediately cease use of the Platform and any related Services (except that the Admin may continue to access the Platform for a reasonable time following the termination of these Terms solely for the purpose of complying with Customer’s obligations hereunder); and (ii) all payments will accelerate and become due and payable. Notwithstanding the foregoing, as of termination. Customer remains solely responsible for any communications between Customer or any End User and any Business Contact.
2. On termination resulting from Customer’s breach of these Terms, Customer shall: (i) immediately provide Lusha a complete list of all third parties to whom Customer disclosed the Data; and (ii) irrevocably delete, and cause any third party that Customer has provided any Data to delete any and all Data, except for Data that was already known to Customer or that was already in Customer’s possession prior to obtaining it through the use of the Platform. On request, Customer will provide Lusha with a signed certification from its authorized representative confirming that Customer complied with the provisions of this paragraph. Sections 4, 5, 6, 7, 9, 11, 15, 18, 19, and 20 shall survive any expiration or termination of this Agreement.
3. Neither party shall be liable to the other for any performance delay or failure to perform hereunder, due to any act, war, omission, epidemic, pandemic, or condition beyond the reasonable control of the affected party (“Force Majeure Event”), provided the affected party gives notice to the other and makes reasonable efforts to resume performance as soon as possible. Neither a Force Majeure Event nor termination of these Terms in connection therewith shall relieve either party from its obligation to pay the other any outstanding payments due under these Terms.

17. Governing Law.

If Customer’s country of incorporation is the United States, these Terms, including the arbitration agreement referred to in Section 18, will be interpreted in accordance with the laws of the State of New York, without regard to the principles of conflict of laws. Subject to Section 19, any disputes arising out of or in connection with these Terms shall be brought exclusively before the competent courts of the State of New York in Manhattan, New York City. The Parties hereby submit to the personal jurisdiction of such courts and waive any argument that such courts are inconvenient.
If Customer’s country of incorporation is not the United States, these Terms, including the arbitration agreement referred to in Section 18, will be interpreted in accordance with the laws of England and Wales without regard to the principles of conflict or choice of laws. Subject to Section 18, any disputes arising out of or in connection with these Terms shall be brought exclusively before the competent courts of England and Wales in London. The Parties hereby submit to the personal jurisdiction of such courts.

18. Arbitration Procedures and Fees.

Both Parties agree to resolve any dispute (other than Litigation Claims (as defined below)) through final and binding arbitration as detailed herein. Before filing a claim, both Parties agree to try to resolve the dispute informally and undertake reasonable efforts to contact each other to resolve any claim before taking any formal action. If a dispute is not resolved within 15 days after the first notification of the dispute is sent, either Party may initiate an arbitration proceeding as described below. The Parties hereby agree to pursue an arbitration proceeding to resolve the dispute quickly and efficiently and to reduce the costs imposed on the Parties.
If Customer’s jurisdiction of incorporation is in the United States, the Parties agree that any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, administered by the American Arbitration Association (“AAA”), as such rules are in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator under those rules. Both Parties further agree that the arbitration will be held in New York, New York, or, at Customer election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern the payment of all arbitration fees.
If Customer’s jurisdiction of incorporation is anywhere other than the United States, the Parties agree that any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this Section. The number of arbitrators shall be one. The seat or legal place of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.
The following claims (“Litigation Claims”) shall not be subject to the arbitration agreement as set out below and shall be litigated in the courts of competent jurisdiction set forth in these Terms: (a) claims by the disclosing party for the unauthorized disclosure, or the misuse, by the receiving party of disclosing party’s Confidential Information; (b) claims by Lusha to collect Fees; and (c) claims for mandatory or prohibitory injunctive relief, except for temporary relief in aid of arbitration or to secure the payment of an arbitration award under these Terms. The Litigation Claims are not subject to arbitration and are expressly excluded by the Parties from arbitration unless otherwise agreed in writing.
No Party shall commence or seek to prosecute or defend any dispute, controversy, or claim based on any legal theory arising out of or relating to these Terms, or the breach thereof, other than on an individual, non-class, non-collective action basis. No Party shall seek to prosecute or defend any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, in a representative or private attorney general capacity. The arbitrator shall not have the power to consolidate any arbitration under these Terms with any other arbitration, absent agreement of all parties involved, or otherwise to deal with any matter on a non-individual, class, collective, representative, or private attorney general basis.

19. Compliance with Legal Requests.

Without limiting the foregoing, Lusha retains the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose Customer Data or other information on the Platform. CUSTOMER WAIVES AND HOLDS HARMLESS LUSHA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LUSHA OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

20. Miscellaneous.

These Terms (as amended) set forth the entire understanding between the parties concerning the subject matter herein and supersede all prior and contemporaneous written agreements and discussions between the Parties relating thereto. In the case of any conflict of terms, these Terms shall prevail, unless the Customer is not a self-service customer.
No amendment, modification, consensual cancellation, waiver, relaxation, or suspension of any of the provisions hereof shall be binding unless reduced to writing and signed by the Parties.
Customer agrees that Lusha may disclose the fact that Customer is a client of Lusha. While these Terms are in effect, the Customer grants Lusha the right to reference Customer’s company name and logo in marketing materials in other marketing collateral, and on Lusha’s website until Customer’s use of the Platform is discontinued.
If any provision of these Terms is determined to be void or unenforceable by a court or arbitral body of competent jurisdiction, such section shall be interpreted as necessary to give maximum force to the provisions thereof, and the validity and enforceability of the remainder of the Terms shall not be affected.
The failure of either Party to enforce at any time the provisions of these Terms shall not be interpreted to be a waiver of such provisions or of the right of such Party to enforce each and every such provision.
All notices given under these Terms shall be in writing (electronic or otherwise) and shall be deemed to have been duly given: (i) when delivered to the address duly provided by such Party, if delivered by messenger during normal business hours of the recipient; (ii) the third business day following posting to the address set forth under the Party’s signature below, if posted by international airmail or reputable international carrier service; or (iii) when sent to the Party’s provided email address if sent via email, provided that no notification of failure to send, out of office message, or similar automatic reply is received by the sender, in which case the notice shall not be deemed to have been duly given under this subsection (iii) and notice shall be provided in accordance with either (i) or (ii).
Customer may not transfer or assign its rights or obligations under these Terms to any third party. Any purported assignment contrary to this section shall be void. Notwithstanding, each Party shall be entitled to assign its rights and obligations under these Terms, in whole or in part, to any related entity or upon a merger, acquisition or sale of all or substantially all its business, without the need to obtain the consent of the other Party, provided, in the case of Customer, that such assignee is not a data broker or other entity that competes with Lusha.
The Parties acknowledge that in entering into these Terms, they do not do so on the basis of, and do not rely on, any representations, warranties or other provisions except as expressly provided herein and all conditions, warranties and other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
Nothing contained in these Terms is intended or is to be construed to create a partnership, joint venture, agency, or employment relationship between the Parties.

21. Contact Us

If you have any questions about our privacy practices, please feel free to contact us at privacy@lusha.com or legal@lusha.com. In addition, if you have questions or concerns regarding our Terms, you should contact us by email at support@lusha.com or at:

Lusha Systems Inc.

800 Boylston Street, Suite 1410 Boston, MA 02199