Terms of Service

Last updated: 2 October 2026. For customers who accepted an earlier version, these Terms of Service take effect on 9 November 2026.

Definitions

Acceptable Use Policy: the policy published at anymailfinder.com/legal/acceptable-use-policy, as updated from time to time, which forms part of this Agreement.
Add-On Services: additional services or functionality that may be added to the Customer's Subscription.
Agreement: these Terms of Service, the Acceptable Use Policy, the Data Processing Addendum and any Subscription.
Anymail Finder: AMF Internet Services Limited, a company registered in England and Wales, trading as Anymail Finder.
Business Day: a day other than a Saturday, Sunday or public holiday in England.
Confidential Information: information of a confidential nature disclosed by one party to the other in connection with this Agreement, whether or not marked as confidential.
Credits: the units purchased by, or granted to, the Customer and consumed by use of the Services at the rates set out in the Documentation.
Customer: the business that creates an Anymail Finder account or is identified in a Subscription.
Data: the data inputted by the Customer, or otherwise generated, in respect of the Customer's use of the Services, including the email addresses and other results returned by the Services.
Data Processing Addendum: the data processing addendum published at anymailfinder.com/legal/dpa, which forms part of this Agreement.
Documentation: any documentation made available to the Customer by Anymail Finder from time to time, whether in electronic form or otherwise, which sets out a description and user instructions for the Services.
Fees: the fees payable by the Customer to Anymail Finder for the Subscription.
Initial Term: the initial term of this Agreement as detailed in the Subscription, which shall commence on the Start Date.
Intellectual Property Rights: all intellectual and industrial property rights including patents, know-how, registered trade marks, registered designs, utility models, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trade marks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights, domain names and any other rights in any invention, discovery or process, in each case in the United Kingdom and together with all renewals and extensions.
Minimum Specification: the specification which the Customer's hardware and software are required to meet in order to use the Services, as revised from time to time.
Plan: the services to be provided to the Customer as detailed in the Subscription and any Documentation.
Renewal Term: any subsequent term after the Initial Term as described in clause 15.1.
Services: the Anymail Finder website, web application, API, MCP server, browser extension, integrations and related services made available to the Customer under this Agreement, as described in the Documentation.
Start Date: the date Anymail Finder first makes the Services available to the Customer.
Subscription: the Customer's online order for Services detailing the Fees relating to the Plan (whether one-off or recurring) and incorporating this Agreement.
Term: the Initial Term and any Renewal Term. Where the Customer has purchased Credits without subscribing, the "Term" of the Agreement shall be construed as the duration during which the Customer has unused Credits outstanding.
Users: the individuals authorised by the Customer to access and use the Services in accordance with this Agreement, including through applications or integrations acting on the Customer's behalf.

A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking into account any amendment, extension, or re-enactment and includes any subordinate, interim or provisional legislation for the time being in force made under it. Any words following the terms including, include, in particular, for example or any other similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or terms preceding those terms. References to clauses are to the clauses of this Agreement. The details of the Customer's Subscription form part of this Agreement and shall have effect as if set out in full in the body of this Agreement.

1. SERVICES

This Agreement will operate as a framework agreement which defines the contractual terms and conditions under which Anymail Finder will supply Services to the Customer. Whilst this Agreement remains in force, the parties shall agree the provision of Services as set out in a Subscription which shall be governed by and be subject to, the terms and conditions of this Agreement. The Services are provided to businesses only; by creating an account the Customer confirms that it is acting for purposes relating to its trade, business or profession and not as a consumer.
Term of this Agreement. This Agreement shall commence on the Start Date when the Services are made available to the Customer and shall continue throughout the Term unless earlier terminated in accordance with this Agreement. For a Customer that has no Subscription and has not purchased Credits, this Agreement shall continue for so long as the Customer maintains an active account, unless earlier terminated in accordance with this Agreement.
Provision of Services. Anymail Finder shall, during the Term, use commercially reasonable endeavours to make the Services available 24 hours a day seven days a week, except for: (a) planned maintenance, for which Anymail Finder will use reasonable endeavours to give the Customer reasonable advance notice; and (b) unscheduled maintenance, for which Anymail Finder will use reasonable endeavours to give the Customer at least six hours' notice where reasonably practicable.
Support Services. Anymail Finder will, as part of the Services, provide the Customer with Anymail Finder's standard customer support services by email to team@anymailfinder.com or via live chat. Anymail Finder may amend its support services at its discretion from time to time.
Updating Service. As part of its updating service Anymail Finder shall provide error correction, patches, fixes and updates to the Services as generally made available to its customers. Where requested, the Customer may be required to update the Customer's IT hardware or software in order to continue to comply with any required Minimum Specification for the Services. For the avoidance of doubt the cost of the updating service described in this clause is included in the Fees, but excludes any sum payable by the Customer to ensure compatibility with the Services. Anymail Finder shall have no liability whatsoever for any failure of Customer hardware or software to comply with the Minimum Specification.
Service Improvements. The Customer acknowledges that Anymail Finder may change or modify the Services from time to time. Anymail Finder shall only be required to provide the Customer with reasonable notice of a change or modification to the Services in advance if the change or modification is material (and does not extend or enhance the functionality or architecture of the Services) or may substantially adversely affect the Customer's use of the Services.
Any dates quoted for delivery of Services are approximate only. Any services which are not detailed in the Customer's Subscription are out of scope and subject to additional charges.
Variation to this Agreement or Prices. Anymail Finder may make changes to this Agreement, including to Fees, on not less than 30 days' advance written notice to the Customer. Any revised version of these Terms of Service will take effect on the effective date stated in that notice, which will not be earlier than 30 days after notice is given. Any increase in Fees for a recurring Subscription will apply from the next Renewal Term, and any revised Fees for Add-On Services will apply when those Add-On Services are purchased. If a change, other than one required by law, materially and adversely affects the Customer's existing use of the Services during a prepaid Term, the Customer may terminate the affected Subscription by notice before the change takes effect and receive a pro-rata refund of Fees prepaid for the period after termination. Changes to the Data Processing Addendum are governed by its own amendment provisions.
Unless otherwise agreed in writing, the Customer acknowledges that the Services have not been developed to meet the Customer's individual requirements and that it is therefore the Customer's responsibility to ensure that the facilities and functions of the Services as described in the Documentation meet the Customer's requirements.

2. SUPPORT IN ACCESSING AND USING ANYMAIL FINDER SERVICES

Following creation of an account and, where applicable, completion and payment of a Subscription, Anymail Finder will make the applicable Services available to the Customer online and provide the Customer with the information needed to access and use them.
Please refer to the Documentation for information and assistance around using and accessing the Services. Any support requests or other assistance requested which is outside the scope of the Customer's Subscription will be chargeable as additional services.
The Customer's responsibility to understand the Services. The Customer acknowledges and agrees that whilst the Services are designed for ease of use, it is the Customer's responsibility to ensure that any individuals involved in accessing and using the Services are appropriately trained and understand and are familiar with the Services and any training materials or Documentation made available to the Customer relating to them and any applicable laws or regulations that apply.

3. LICENCE

Subject to the Customer maintaining an account and, where applicable, purchasing the relevant Subscription in accordance with this Agreement, the restrictions set out in this clause 3 and the other terms and conditions of this Agreement, Anymail Finder hereby grants to the Customer a non-exclusive, non-transferable, non-sub-licensable right, revocable only in accordance with this Agreement: (a) to permit Users to use the Services and the Documentation during the Term or, where the Customer has no Subscription and has not purchased Credits, while the Customer maintains an active account; and (b) to access and use the Services and the Documentation within the limits of the applicable Plan, Credits and Documentation and, where applicable, the Subscription.
Limitations on Use. The rights provided under this Agreement are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company unless otherwise agreed in writing.
Credits. Credits are consumed at the rates set out in the Documentation. A search is charged only when it returns a verified email address; a verification of an address the Customer already holds is charged per address checked; the Credits charged for each Service are stated in the Documentation. Anymail Finder may introduce new Services with their own Credit rates and will give at least 30 days' notice of any increase to the Credit rate of an existing Service. Unused Credits on a recurring Subscription roll over for as long as the Subscription remains active. The Customer may cancel a recurring Subscription at any time; cancellation takes effect at the end of the then current billing period, unused Credits remain available until then, and they expire when the Subscription ends at the end of that billing period. Credits purchased without a recurring Subscription expire in accordance with the terms of the Plan. Credits are non-refundable.
Exceeding the limits of the Customer's Subscription. Once the Customer has used all of its Credits, the Customer will not be able to use the chargeable Services until further Credits are purchased or the Subscription renews.
Where the Customer amends their Subscription part way through any Term, including by upgrading or by the addition of Add-On Services or additional Users, such additional Fees as may be payable shall be pro-rated from the date of activation by Anymail Finder for the remainder of the then current Term. A downgrade does not remove or expire unused Credits; they continue to roll over for as long as a recurring Subscription remains active and are subject to the same expiry rule on cancellation.
Anymail Finder may immediately remove, without refund, Credits that it reasonably believes were obtained fraudulently. Credits granted free of charge may also be removed immediately where they were obtained or used in breach of this Agreement. Paid Credits may otherwise be removed for a material breach of this Agreement only after Anymail Finder has given the Customer written notice describing the breach and, where the breach is capable of remedy, at least 14 days to remedy it.

4. ANYMAIL FINDER'S OBLIGATIONS

Warranty. Anymail Finder warrants that it will perform the Services substantially in accordance with the material terms of the Documentation and with reasonable skill and care.
The undertaking at clause 4.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to Anymail Finder's instructions, or modification or alteration of the Services by any party other than Anymail Finder. If the Services do not conform with the foregoing warranty, Anymail Finder will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or if reasonably practicable, provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the warranty set out in this clause. Notwithstanding the foregoing, Anymail Finder: (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; nor that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Anymail Finder shall have no obligation to provide any services under this clause (and shall be entitled to charge the Customer additional charges at its then current rates) where faults or support requests arise from: (a) misuse, incorrect or unauthorised use of the Services; (b) failure of the Customer's hardware or software or any part of it; (c) use of the Services not in accordance with guidance provided by, or in combination with any hardware or software not approved by, Anymail Finder; (d) any breach of the Customer's obligations under this Agreement.
The warranties and representations set out in this clause are in lieu of all other express or implied warranties or conditions, including implied warranties or conditions of satisfactory quality and fitness for a particular purpose, in relation to this Agreement. Without limitation, Anymail Finder specifically denies any implied or express representation that the Services will be fit for any purpose or use other than that specifically stated by Anymail Finder in writing in the Documentation.

5. INTEGRATION WITH THIRD PARTIES

Third Party Services and Integrations. Anymail Finder offers services and functionality using third party tools such as application programming interfaces ("APIs") (our "Integration Services"). These third party API terms and conditions contain restrictions on access, storage and use of information. All requests should be made from a server to ensure the API key is safe. Anymail Finder has no control over the content of third party sites or resources which we link to through our use of APIs or the Customer's use of the Anymail Finder API or any Integration Services and accepts no liability or responsibility for them, the Customer's use or inability to use Integration Services, the web sites they link to or their contents, their accuracy or reliability or for any loss or damage (direct, indirect, special, consequential or otherwise) whatsoever that may arise from the Customer's use of any of them or the results obtained. The Customer's use of Integration Services is on an "as is" basis and without any warranty of any kind (subject to any additional Anymail Finder terms that may apply).
The Customer acknowledges and agrees that: (i) the use and availability of certain parts of the Services may be dependent on third-party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner all of the time and they may impact on the way that the Services operate, and (iii) Anymail Finder is not responsible for damages and losses due to the operation of these third-party products and services.
Subject to clause 14, Anymail Finder is not responsible for claims or losses arising from the Customer's dealings with any third party through, or as a result of, the provision or receipt of Services or Integration Services, except to the extent caused by Anymail Finder's breach of this Agreement.

6. RESTRICTIONS OF USE

Except as expressly permitted under this Agreement, including by clause 6.2, and to the maximum extent permitted by law, the Customer shall not: (a) (i) attempt to copy, reproduce, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services and/or Documentation (as applicable) in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; or (b) offer any part of the Services for sale or distribution over any other medium; or (c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to anyone except the Users; or (d) attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation; or (e) permit any third party to benefit from the use or functionality of the Services.
Permitted integrations and use of Data. Nothing in clause 6.1 prevents the Customer from: (a) accessing the Services through the Anymail Finder API, or through a third party application, integration or software agent that the Customer has authorised to act on its behalf using the Customer's own account; (b) building a product or service on the Anymail Finder API for the Customer's own users; or (c) reselling or providing Data obtained through the Services as part of the Customer's own product or service, including by enriching the Customer's own records or records the Customer processes for its own customers or users, and by retaining results in the Customer's own database and reusing them for the Customer's other users within that product or service, in each case in accordance with the Acceptable Use Policy and any reasonable technical, security and usage limits applicable to the Services and set out in the Documentation. Any material change to those limits which substantially adversely affects the Customer's use of the Services is subject to clause 1.6. The Customer remains responsible for all such access and use as if it were the Customer's own direct use of the Services. This permission does not allow the Customer to sell, license or distribute Data obtained through the Services as a standalone data product, meaning a list, database or dataset offered primarily to supply contact data obtained through the Services independently of the Customer's broader product, service or customer-supplied records. Batch or bulk processing is permitted where reasonably necessary to provide a permitted product, service or enrichment workflow, and is prohibited where its purpose is to create or supply a standalone data product. The Customer shall not share, sell or sub-license its account, credentials or API keys to any other business.

7. THE CUSTOMER'S OBLIGATIONS

The Customer shall: (a) provide Anymail Finder with all necessary and timely co-operation in relation to this Agreement in order to render the Services, including but not limited to, Data and documentation requested for the provision of the Services (and ensure that such information and data is accurate in all material respects); (b) appoint an individual who shall have the authority to contractually bind the Customer on matters relating to the Services; (c) be responsible (at the Customer's own cost) for ensuring that the Customer's hardware and software comply with the relevant specifications to use the Services provided by Anymail Finder, including the Minimum Specification, as amended from time to time; (d) comply with all applicable laws and regulations with respect to the Customer's activities under this Agreement and in the Customer's use of the Services (including but not limited to consumer and data protection legislation), including ensuring that any use of the Data and its content complies with any legal or regulatory requirements and includes any notices, disclosures or warnings required by applicable law, including applicable data protection legislation.
The Customer is responsible for ensuring that the Users' use of the Services and Documentation is in accordance with the terms and conditions of this Agreement and shall be responsible for any User's breach of this Agreement. The Customer undertakes that each User shall keep their credentials secure for their use of the Services and Documentation. To the extent permissible by law, Anymail Finder will not be liable for any loss that the Customer, a User or any third party may incur as a result of any use or misuse of any part of the Services, whether with or without the Customer's knowledge.
The Customer shall be responsible for: (a) Safeguarding and Security. The Customer is solely responsible for procuring and maintaining the Customer's network connections and telecommunications links from its systems to the Services, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet; (b) operating best practice and ensuring appropriate security precautions are taken in connection with its use of the Services. The Customer is responsible for taking all reasonable steps to mitigate the risks inherent in the provision and receipt of the Services, including data loss, and taking all reasonable and usual precautions to safeguard the Customer's IT infrastructure, including operating firewalls and virus checks and implementing effective and appropriate data security in respect of the provision and receipt of Services; (c) Compliance with Legal Requirements. The Customer is solely responsible for ensuring that the Customer's use of the Services and Data complies with any legal or regulatory requirements, in its own and any receiving country, and is not fraudulent. In using the Services the Customer warrants that it will comply with the standards set out in the Acceptable Use Policy. The Customer warrants that it will only use the Services for business-to-business communications. The Customer agrees to be liable to Anymail Finder and indemnify Anymail Finder against any breach of this warranty; (d) The Customer shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Services. This includes using (or permitting, authorising or attempting the use of) any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to extract data from the Services other than through the Anymail Finder API or a permitted integration under clause 6.2. The Customer shall not use the Services or Data to send, facilitate or enable spam or other communications that are unlawful under applicable electronic marketing, anti-spam or similar laws; a business-to-business communication is not prohibited by this clause solely because it is unsolicited, provided it complies with applicable law and the Acceptable Use Policy. The Services and Data may only be used for business-to-business communication and in accordance with applicable laws; (e) The Customer shall indemnify Anymail Finder against third party claims to the extent arising from the Customer's use of the output of the Services or Data in breach of this Agreement or applicable law, in accordance with clause 13.1; (f) The Customer agrees that Anymail Finder may disclose information relating to the Customer and its use of the Services, including data logs and the Customer's name, email and contact details, where reasonably necessary to respond to a lawful data subject request (including a request from an individual to know who searched for their email address), to comply with applicable law, to enforce this Agreement, to protect the security or integrity of the Services, or as otherwise described in Anymail Finder's Privacy Policy. Any processing of personal data on the Customer's behalf remains subject to the Data Processing Addendum; (g) Where the Customer provides Data to third parties as permitted by clause 6.2, the Customer: (i) remains responsible for ensuring that its provision of the Data complies with this Agreement and applicable law, and indemnifies Anymail Finder against third party claims to the extent arising from the Customer's breach of those obligations or from unlawful use of the Data by a third party where that use was authorised, facilitated or knowingly permitted by the Customer; (ii) shall, on reasonable request, provide information reasonably available to it about the relevant third party where Anymail Finder needs it to respond to a legal claim, regulatory request or data subject request; and (iii) shall not identify Anymail Finder as the source of any Data, except where disclosure is required by applicable law, a competent authority, legal process or the exercise of a data subject's rights, or is reasonably necessary for contractual compliance, customer or vendor due diligence, security or privacy review, or accurate disclosure of the Customer's service providers. The Customer may state that its product or service uses Anymail Finder as a provider; any such statement or disclosure must not imply that Anymail Finder endorses the Customer or its product or service, and use of Anymail Finder's logo or trade marks requires Anymail Finder's prior written permission; and (iv) where Anymail Finder notifies the Customer that Data relating to an individual has been corrected, erased, restricted or suppressed, shall promptly stop any further provision of the affected Data, correct, delete, restrict or suppress it as specified in the notice except to the extent retention is required by law, pass the notice on to any recipient to which the Customer has provided the affected Data where applicable data protection law requires, and confirm compliance on reasonable request.

8. DATA AND DATA PROTECTION

Customer Data. As between the parties, the Customer retains all rights, title and interest in Data inputted or provided by the Customer, and may use Data returned by the Services in accordance with this Agreement. Nothing in this clause transfers to the Customer any rights owned by Anymail Finder or any third party in Data or the Services. The Customer has sole responsibility for the legality, reliability, integrity, accuracy and quality of Data it inputs or provides.
The Customer grants to Anymail Finder a non-exclusive, royalty-free licence, not revocable by the Customer, to retain and use Data to the extent, and for so long as, Anymail Finder lawfully processes that Data for its own purposes as an independent controller, subject at all times to applicable data protection legislation and the rights of data subjects, namely retaining and reusing email addresses and related business contact information found or confirmed as valid through the Services to provide, maintain and improve the Services. Anymail Finder does not sell, share or make available to other customers the Customer's lists, search history or search inputs as such; those are processed only on the Customer's behalf. Individual email addresses and related business contact information found or confirmed as valid through the Services may be returned to other customers who search for the same person or company. Anymail Finder may also use Data and any data relating to the Customer's use of the Services ("Service Data") as necessary to: (a) provide, secure, support and improve the Services; (b) exercise its rights and fulfil its obligations under this Agreement; and (c) comply with applicable law and any governmental or regulatory requirement. To the extent Anymail Finder processes personal data on the Customer's behalf as processor, such use is subject to the Data Processing Addendum, and nothing in this clause authorises Anymail Finder to process that personal data for an independent commercial purpose contrary to the Data Processing Addendum.
Where Anymail Finder processes personal data on the Customer's behalf when performing its obligations under this Agreement, the Customer is the controller and Anymail Finder is the processor for the purposes of the applicable data protection legislation. The Data Processing Addendum sets out the obligations of the parties in respect of that processing and prevails over the rest of this Agreement to the extent of any conflict concerning the processing of personal data.

9. SUSPENSION OF SERVICES

Anymail Finder may suspend Services without liability if: (a) Anymail Finder reasonably believes that the Services are being used in breach of the Agreement and the Customer does not remedy the failure within fourteen days of Anymail Finder's written notice to the Customer describing the breach; (b) the Customer does not co-operate with Anymail Finder's reasonable investigation of any suspected violation of the Agreement; (c) there is an attack on the Services or the Services are accessed by or manipulated by a third party without Anymail Finder's consent; (d) Anymail Finder is required by law to suspend the Services or the Customer's access to the Services; (e) there has been unauthorised or suspected fraudulent or suspicious activity relating to the Customer's use of the Services; or (f) there is another event for which Anymail Finder reasonably believes that suspension of the Services is necessary to protect its or any other party's network, system, the Services or other customers.
For the avoidance of doubt, any suspension of Services shall not suspend the Customer's obligation to pay any Fees.

10. CHARGES AND PAYMENT

The Customer shall pay the Fees to Anymail Finder in accordance with this clause 10, or as otherwise agreed between the parties.
The Customer shall provide to Anymail Finder relevant valid, up-to-date and complete contact and billing details and a payment method (such as a credit or debit card) to process any payments for the Fees payable for the Subscription and the applicable Term. Fees for any Renewal Term shall be payable in advance. By submitting such payment information, the Customer automatically authorises Anymail Finder (without any further reference to the Customer) to charge to such payment instrument all Fees incurred through the Customer's use of the Services.
The Customer must keep a valid payment method on its account. If it is cancelled or payment fails, the Customer undertakes to make payment for any outstanding balance of any Fees due or payable to Anymail Finder under this Agreement, in full, within 7 days of the original due date. Failure to make this payment may result in legal action to recover the monies due.
Anymail Finder may audit the Customer's usage of the Services, in order: (a) to verify that the Customer is in compliance with the terms of this Agreement; and (b) for billing purposes.
If Anymail Finder has not received payment within 7 days after the due date for any Fees, then without prejudice to any other rights and remedies of Anymail Finder: (a) Anymail Finder may, without liability to the Customer, on 2 days' advance notice, disable the Customer's account and suspend access to all or part of the Services and Anymail Finder shall be under no obligation to provide any or all of the Services while the invoice(s) concerned, any interest, administrative and legal costs of collecting payment and any further sums payable, remain unpaid; and (b) interest shall accrue on such due amounts at an annual rate equal to 4% over the Bank of England base rate at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgment.
Except where this Agreement expressly provides otherwise, all amounts and fees stated or referred to in this Agreement: (a) are non-cancellable and non-refundable; (b) are exclusive of applicable tax, which shall be added to Anymail Finder's invoice(s) at the appropriate rate. If the Customer terminates this Agreement under clause 15.2(a) because of Anymail Finder's uncured material breach, Anymail Finder will refund Fees prepaid for the period after termination on a pro-rata basis. This does not make unused Credits refundable on ordinary cancellation or expiry.
Anymail Finder may increase the Fees payable for a recurring Subscription on thirty days' prior written notice to the Customer, with the increase taking effect from the next Renewal Term. In the event that the Customer does not agree to such increase, the Customer may terminate this Agreement at the end of the then-current Term. If the Customer does not object to the increase and cancel before the end of the then-current Term, the Subscription will renew for the next Renewal Term at the increased Fees.

11. PROPRIETARY RIGHTS

The Customer acknowledges and agrees that Anymail Finder and/or its licensors are the sole and exclusive owners of all Intellectual Property Rights and other proprietary rights in the Services and the Documentation. Except as expressly stated herein, this Agreement does not grant the Customer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.

12. CONFIDENTIALITY

Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information shall not be deemed to include information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the other party's lawful possession before the disclosure; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (d) is independently developed by the receiving party, which independent development can be shown by written evidence; or (e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body, provided that to the extent practicable and permitted by law, the receiving party shall promptly notify the disclosing party in advance of such requested disclosure and provide the disclosing party with an opportunity to object to such request.
Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement.
Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
Each party is responsible for compliance with this clause 12 by its employees, agents, contractors and other persons to whom it discloses the other party's Confidential Information. Neither party shall be responsible for an unauthorised act of an unrelated third party outside its reasonable control where that party has taken reasonable steps to protect against such an act.
The Customer acknowledges that details of the Services, and the results of any performance, security, penetration, vulnerability or other logical, analytical, data or information gathering tests carried out on the Services, constitute Anymail Finder's Confidential Information.
Anymail Finder acknowledges that Data inputted or provided by the Customer is the Customer's Confidential Information. Data returned by the Services is Confidential Information only to the extent it otherwise meets the definition of Confidential Information. Both are subject to clauses 7.3(f) and 8.2.
This clause 12 shall survive termination of this Agreement, however arising.

13. INDEMNITY

The Customer shall defend and indemnify Anymail Finder against third party claims, losses, damages and reasonable costs (including court costs and reasonable legal fees) to the extent arising from: (a) the Customer's or its Users' material breach of this Agreement; (b) the Customer's unlawful use, processing or disclosure of Data; or (c) Data supplied by the Customer infringing a third party's rights. The Customer shall not be liable under this indemnity to the extent the claim arises from Anymail Finder's breach of this Agreement, negligence or unlawful conduct. The Customer's liability under this indemnity and the other Customer indemnities in this Agreement is not subject to clause 14.4.
Anymail Finder's indemnity if the Services infringe third party IP or Anymail Finder breaches data protection law. Anymail Finder shall, subject to clause 14.4, defend the Customer against a third party claim to the extent directly arising from: (a) infringement by the Services of a United Kingdom patent effective as of the Start Date, UK copyright, trade mark, or right of confidentiality; or (b) Anymail Finder's material breach of its obligations under applicable data protection legislation in connection with its processing of personal data under this Agreement, and shall indemnify the Customer for any amounts finally awarded against the Customer in judgment or agreed in settlement of such claims, provided that: (i) Anymail Finder is given prompt notice of any such claim; (ii) the Customer provides reasonable co-operation to Anymail Finder in the defence and settlement of such claim, at Anymail Finder's expense; and (iii) Anymail Finder is given sole authority to defend or settle the claim. In the defence or settlement of any claim, Anymail Finder may procure the right for the Customer to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, and Anymail Finder is unable, after commercially reasonable efforts, to procure for the Customer the right to continue using the Services or to provide functionally equivalent Services, terminate this Agreement on 14 Business Days' notice without further liability to the Customer.
Exclusions to Anymail Finder's IP and Data Protection Indemnity. In no event shall Anymail Finder, its employees, agents and sub-contractors be liable to the Customer under clause 13.2(a) to the extent that the alleged infringement is based on: (a) a modification of the Services by anyone other than Anymail Finder; or (b) the Customer's use of the Services in a manner contrary to the instructions given to the Customer by Anymail Finder; or (c) the Customer's use of the Services after notice of the alleged or actual infringement from Anymail Finder or any appropriate authority. In relation to a claim under clause 13.2(b), Anymail Finder shall not be liable to the extent the claim results from the Customer's breach of this Agreement, the Data Processing Addendum or applicable data protection legislation.
Clause 13.2(a) states the Customer's sole and exclusive remedy for third party claims alleging that the Services infringe a patent, copyright, trade mark, database right or third party right of confidentiality. Nothing in this clause limits either party's rights or remedies for breach of clause 12 or the Data Processing Addendum.

14. LIMITATION OF LIABILITY

This clause 14 sets out the entire financial liability of Anymail Finder (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: (a) any breach of this Agreement; (b) any use made by the Customer of the Services and Documentation or any part of them; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
Except as expressly and specifically provided in this Agreement: (a) Anymail Finder shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Anymail Finder by the Customer in connection with the Services, or any actions taken by Anymail Finder at the Customer's direction; (b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, disclaimed and excluded from this Agreement including, without limitation, any warranties of title, merchantability, or fitness for a particular use or purpose; and (c) the Services and the Documentation are provided to the Customer on an "as is" basis.
Nothing in this Agreement excludes the liability of either party: (a) for death or personal injury caused by that party's negligence; or (b) for fraud or fraudulent misrepresentation.
Subject to clause 14.1 and clause 14.3: (a) to the maximum extent permitted by law, Anymail Finder shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or for any special, indirect, punitive, exemplary or consequential loss, costs, damages, charges or expenses however arising under or relating to this Agreement, even if Anymail Finder has been advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based; and (b) Anymail Finder's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the greater of: (i) the total amount of Fees paid or payable by the Customer to Anymail Finder during the 6 months immediately preceding the event giving rise to the claim; and (ii) for a recurring Subscription, the Fees paid or payable for the Customer's then current Initial Term or Renewal Term or, for a one-off Credit purchase, the Fees paid or payable for the one-off Credit purchase giving rise to the claim. As the Fees for the Services properly reflect the delineation of risk between the parties, each party agrees to ensure that it will be responsible for making its own arrangements for the insurance of any loss in excess of its accepted legal liability as necessary.
Subject to clauses 4.1 and 14.4, Anymail Finder does not warrant that every item of Data returned by the Services will be accurate, complete or current, and is not responsible for decisions or communications made by the Customer in reliance on Data returned by the Services, or for any error, delay or interruption in the transmission of data or information over communications networks. Nothing in this clause excludes liability arising from Anymail Finder's breach of the express warranty in clause 4.1.

15. TERM AND TERMINATION

This Agreement shall, unless otherwise terminated as provided in this clause 15, commence on the Start Date and: (a) for recurring monthly or annual Subscriptions shall continue through the Initial Term (of one month or one year as detailed in the Subscription) and thereafter, this Agreement shall be automatically renewed for successive rolling periods of the Initial Term (each a Renewal Term), unless: (i) the Customer cancels the Subscription at any time before the end of the then current Initial Term or Renewal Term, or Anymail Finder gives the Customer at least 30 days' notice of termination in writing, in which case this Agreement shall terminate upon the expiry of the applicable Initial Term or Renewal Term; or (ii) this Agreement is otherwise terminated in accordance with its provisions. The Initial Term together with any subsequent Renewal Terms shall constitute "the Term"; (b) for one-off Credit purchases shall continue for as long as the Customer has unused Credits in the applicable Plan.
Without affecting any other rights that it may be entitled to, either party may terminate this Agreement without liability to the other if: (a) the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or (b) the other party has a receiver or administrative receiver appointed over it or over any part of its business or assets or passes a resolution for winding up (except for the purposes of a genuine scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect, or becomes subject to an administration order or enters into any voluntary arrangement with its creditors, or it ceases or threatens to cease to carry on business; or (c) there is a change in law or legislation which affects the way in which the Services operate, in which case Anymail Finder may immediately terminate this Agreement without liability; or (d) Anymail Finder reasonably believes, on objective grounds, that the Customer's continued use of the Services is causing or is reasonably likely to cause material harm to any person, or to Anymail Finder's reputation, business or goodwill.
Without affecting any other rights that it may be entitled to, Anymail Finder may terminate the Agreement for breach if: (a) payment of any invoiced amount (except to the extent such invoice is disputed in good faith) or Fee payable is overdue and following notification to the Customer, the Customer does not pay the overdue amount within seven Business Days of a written notice from Anymail Finder; or (b) the Customer commits a material breach of the Acceptable Use Policy, or repeatedly breaches the Acceptable Use Policy after receiving written notice.
On termination of this Agreement for any reason: (a) all licences and access to the Services granted under this Agreement shall immediately terminate and the method of access supplied to the Customer will automatically expire and the Services will cease to operate immediately; and (b) Anymail Finder may destroy or otherwise dispose of any of the Data in its possession, subject to the Data Processing Addendum; (c) Data already returned to the Customer before termination may be retained and used by the Customer and its users after termination on the same terms as before, in accordance with clause 6.2, clause 7.3 and applicable law; and (d) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
If this Agreement terminates before the end of the Initial Term or a Renewal Term because of the Customer's breach, Fees accrued or committed through the end of that Term remain payable and become immediately due. If Anymail Finder terminates under clause 15.2(c) or 15.2(d) in circumstances not caused by the Customer's breach, no Fees relating to the period after termination become due and Anymail Finder shall refund any Fees prepaid for that period on a pro-rata basis.

16. FORCE MAJEURE

Anymail Finder shall have no liability to the Customer under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Anymail Finder or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Anymail Finder's suppliers or sub-contractors, for so long as said cause persists, provided that the Customer is notified of such an event and its expected duration.

17. GENERAL

Other than as set out in clause 1.8, no variation or modification of this Agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. If there is a conflict between these Terms of Service and the Acceptable Use Policy, these Terms of Service prevail. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement. Nothing in this clause excludes or restricts liability for fraudulent misrepresentation or any liability or remedy for misrepresentation to the extent that it cannot lawfully be excluded or restricted.
The Customer shall not, without the prior written consent of Anymail Finder, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Anymail Finder may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
Nothing in this Agreement is intended to or shall operate to create a partnership, joint venture, agency, franchise or employment relationship between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
This Agreement does not confer any rights on any person or party (other than the parties to this Agreement and, where applicable, their successors and permitted assigns).
Clauses 7.3(e) to 7.3(g), 8.2, 10, 11, 12, 13, 14, 15.4, 15.5, 17, 18 and 19, and any other provision which expressly or by implication is intended to survive termination, shall survive any termination or expiry of this Agreement.

18. NOTICES

Any notice required to be given under this Agreement shall be in writing. Notices to Anymail Finder shall be sent by email to team@anymailfinder.com. Notices to the Customer shall be sent by email to the email address registered on the Customer's account, and the Customer is responsible for keeping that address up to date. A notice sent by email shall be deemed to have been received at 9am UK time on the first Business Day following the day it was sent.

19. GOVERNING LAW AND JURISDICTION

This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).