The following terms and conditions apply to any and all services by Arkham Enterprises Limited within Verifigator.com website, Verifigator API, Verifigator integrations, plugins and sample code (later: “Verifigator”) to the users and customers ordering the services (“customer”, “user” or “you”). Verifigator is a service by Arkham Enterprises Limited, a limited liability company registered in Hong Kong (S.A.R.).
If you do not agree with these terms and conditions, please do not use Verifigator in any way.
Terms of Service
Verifigator is a service by Arkham Enterprises Limited.
All materials contained on this site are protected by the applying copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission from Arkham Enterprises or in the case of third party materials, the owner of that content, unless otherwise explicitly stated. You may not alter or remove any trademark, copyright or other notice from copies of the content.
All trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners, including in some instances Arkham Enterprises.
You are free to use the Arkham Enterprises and Verifigator name and logo as published on this website, as long as the material is not modified or edited in any way.
Verifigator, all data and analysis results are provided “as is” without any warranty or guarantee of any kind. You assume the entire risk of using Verifigator. In the case you find data being incorrectly analyzed by Verifigator, you are free to inform us, but we do not guarantee any updates or fixes to any possible problems within our service.
We are not responsible to you or any third party for any unauthorized access to your data or unauthorized use of the services.
We disclaim any and all warranties not expressly stated in this agreement to the maximum extent permitted by law including implied warranties such as merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
We make no representation or warranty whatsoever regarding offered open source software (“plugins”) or concerning any third party products or services which we may recommend for your consideration.
Limitations on damages: Direct damages
Notwithstanding anything in this agreement to the contrary, except for liability arising from death or personal injury caused by negligence, willful misconduct, fraudulent misrepresentation or any other loss or damages for which applicable law expressly prohibits such limitation. The maximum aggregate monetary liability of Arkham Enterprises in connection with the service or this under any theory of law shall not exceed the total amount paid for the service that is the subject of the claim in the twelve months immediately preceding the event(s) that gave rise to the complaint.
Limitations on damages: Indirect damages
Neither party is liable to the other for any indirect, special, incidental, exemplary or consequential loss or damages of any kind. Neither of us is liable for any loss that could have been avoided by the damaged party’s use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages or any loss of profits, data, revenue, business opportunities, customers, contracts, goodwill or reputation.
If Arkham Enterprises, its affiliates, or any of its or their representatives (the “Indemnitees”) is faced with a legal claim by a third party arising out of your actual or alleged: willful misconduct, breach of applicable law, failure to meet the security obligations required by this agreement, breach of your contract with your customers or end users; then you will pay the cost of defending the claim (including reasonable legal fees) and any damages award, fine or other penalty that is imposed on the Indemnitees as a result of the demand. Your obligations under this section include claims arising out of the acts or omissions of your employees or agents, any other person to whom you have given access to your account data, and any person who gains access to your account data as a result of your failure to use reasonable security precautions, even if you did not authorize the acts or omissions of such persons.
Ownership of data
You agree not to send any data to Verifigator you do not own or have permission to access, share or use.
The services are only intended for adults and use by children under thirteen years old is forbidden. We will never intentionally collect personal data from children under thirteen years old.
Unauthorized access to data
You hereby agree not to attempt to access any data (for example leads or email addresses) of other Verifigator users without consent. That includes that you are not allowed to try to hack, crack or break into the accounts or data of other Verifigator users without permission.
Transfer of ownership and data
If we elect to transfer the ownership or control of the Verifigator, whether in whole or in part, to a third party (for example through a merger or sale), that third party will take over this agreement and abide by its terms. We can notify you of any such transfer, but we are not required to do so and will not require your consent to transfer this agreement or your information, your accounts and data to such a third party.
By using Verifigator, you agree and understand that sending any data to Verifigator may cause the data to be transmitted, transferred, processed and/or stored without encryption.
Public user status
By using Verifigator, you agree and understand that Arkham Enterprises is allowed to publicly state that it is providing services to you, including making statements that you are a customer or user of Verifigator and may use your name and logo to identify you in promotional materials, including press releases, newsletters and in social media.
Third-party service providers
Verifigator may use, with your consent, selected third parties to analyze and/or process any data you send for Verifigator. For example, we may offer to improve our analysis quality by allowing you to use a third party “name to gender” service to detect the gender of your leads, or other similar additional or supplementary services to improve our service. Or, we may offer a service to design and send emails to your leads, the email template designing and/or email sending can be implemented using a third party service provider but this can only happen with your consent.
Any use of a Third Party Service Provider with your data can only occur with consent from you. Consent means you are turning on the relating feature or features within your Verifigator user account or account settings.
Data sharing feature
Verifigator may use, with your consent, the data of other Verifigator users and customers who also have given their consent, data sharing between such user accounts to fill or supplement missing lead data or improve the lead data.
For example, if two Verifigator users have given their consent, and they both have information of the same lead, but one user does not have the lead’s name, Verifigator may share the lead’s name data under the Data Sharing Feature to the other Verifigator user.
Any use of a Data Sharing Feature with your data can only occur with consent from you. Consent means you are turning on the Data Sharing Feature within your Verifigator user account or account settings.
Pricing and fees
By using Verifigator, you agree to the charges defined in the Verifigator Pricing page. If you have signed up to use Verifigator as a subscription, you give Arkham Enterprises and any payment processor working in cooperation with Arkham Enterprises the right to charge your credit card or other payment methods (such as your PayPal account) for the price of your service package. All promotions and discounts apply only to the first payment and any and all future, and additional payments will be made using the standard, not discounted prices unless otherwise noted in the promotion’s or discount’s terms.
We may change the fees of Verifigator by posting the updated fees to the Verifigator Pricing page. If you have subscribed to pay the fees of Verifigator automatically by each month, we will notify you with any Verifigator fee increases before any additional charges are automatically made from your payment method.
You agree to be bound by the usage limits of your Verifigator account type. For example, if you are using a free account type and it allows you to use a maximum of 2000 API calls per month, you agree to be bound by this limitation and will not attempt to use the service with more than 2000 API calls per month.
Usage limit changes
We may change the usage API call usage limits of Verifigator by posting the updated limits to the Verifigator Pricing page. If you have subscribed to pay the fees of Verifigator automatically by each month, you are entitled to the minimum amount of API usage stated in your order at the time of the order, even if future customers will have a smaller API call limit. If we increase the API call limit, you are entitled to receive the increased API call limit.
Launch promotion price guarantee
For all the paid membership packages signed up for during the initial launch prices (i.e. 20 USD per month for 5000 API calls “silver package”, 50 USD per month for 20000 API calls “gold package” and 150 USD per month for 100 000 API calls “platinum” package), we hereby guarantee that we will not change these prices or the API call limits, as long as the paid membership is active and the account is paid for monthly from the paying customers who signed up with these prices. If you cancel your subscription, do not pay for your subscription or change your membership to the free package, this price guarantee no longer applies to you. This price guarantee does not apply to the API call limit of the free package. We reserve the right to change the API call limit of the free package at any time and without notice.
You agree we have the right to vary the data analysis and processing speed based on Verifigator user level. We will offer the lowest amount of shared resourced (such as data analysis and processing speed) to the free users of Verifigator, higher amount to paying customers who have entry-level membership plans and the highest priority data processing to the paying customers with the highest level membership plan.
This agreement shall continue until terminated by either party. If you subscribe to pay for the use of Verifigator, the term of the subscription will continue automatically until terminated by either party or terminated by the payment processor.
Neither party will be in violation of this agreement if the failure to perform the obligation is due to an event beyond its control, such as significant failure of a part of the power grid, failure of the internet, natural disaster or weather event, war, riot, insurrection, epidemic, strikes or labor action, terrorism, or other circumstances beyond such party’s reasonable control.
Suspension of services
We may suspend your account or the service without liability and without warning if:
(i) We reasonably believe that the services are used in violation of this agreement, or
(ii) you do not cooperate with our reasonable investigation of any suspected violation of the agreement, or
(iii) there is an attack on the service, or your account is accessed or manipulated by a third party without your consent, or
(iv) Verifigator is required by law or by a regulatory or government body to suspend your account or the service, or
(v) we believe that the suspension of the service or your account is necessary to protect the Verifigator network or our other customers.
(vi) we are faced with a Force Majeure.
Verifigator is a service by Arkham Enterprises, a limited liability company registered to Hong Kong. The governing law regarding this contract and the use of Verifigator is the law of Hong Kong. Any legal disputes relating to this agreement or the use of Verifigator shall be held in a court of law in Hong Kong.
What data we collect and store
Verifigator collects and processes three types of data:
(i) Account data, which includes the name and email address you use to access our service and your other account related information, and
(ii) Validation data, which includes all the lead data such as email addresses and names and other data you send to Verifigator for analysis, and
(iii) Website statistical data, which includes all the data our website collects from you such as website visitor’s IP address, referral data (i.e. the internet address of the last web page visited by a user before entering to this site), browser and platform type. All server side logs of the usage of the website also falls under this category. Furthermore we allow selected third parties (e.g. Google Analytics) automatically collect website statistical data through our website from you.
How we use your information
We may use your account data to communicate with you. For example, we can send you a reminder if your API usage quote is running out for the month or inform you of major news relating to Verifigator. We may also use your account data to send you information, news, newsletters and promotions relating to Verifigator and relating third-party services. If you do not wish to receive these messages, you can close your Verifigator account.
We will not send any email or any other type of communication to your validation data contacts.
We may use website statistical data relating to you for statistical purposes, to target advertising and to improve our service.
How we share your information
We will not give, share or sell your account data to any third party, except:
(i) if we are forced to share your data by law or by court order, or
(ii) if we share your account data with selected third parties for the purpose of ad targeting, for example we may use your account email address with Facebook advertising campaigns, or
(iii) if the ownership of Verifigator or Arkham Enterprises is partially or fully transferred (for example through a merger or sale), for more information on this, please see the Transfer of Ownership and Data section.
We will not give, share or sell your validation data to any third party, except
(i) if we are forced to share your data by law or by court order, or
(ii) if we use Third-Party Service Providers to analyze and/or process your data but only with your consent. For example, we may offer a service to design and send emails to your leads, the actual email sending can be implemented using a third party email sending service provider but this can happen only with your consent.
(iii) if you use Data Sharing Feature to share lead data between consenting Verifigator users. For example, if two Verifigator users have enabled the Data Sharing Feature and one user has the name of a lead while other only has the lead’s email address, we may share the lead’s name from one user to the other, or
(iv) if the ownership of Verifigator or Arkham Enterprises is partially or fully transferred (for example through a merger or sale), for more information on this, please see the Transfer of Ownership and Data section.
We will not send any email or any other type of communication to your validation data contacts. That is, we do not send any emails or use any other such communication to email addresses (or additional contact details) you submit to Verifigator for analysis.
We may share website statistical data with selected third parties, such as with Google by using Google Analytics for statistical analysis of the website traffic. We may also share this information with other selected third parties for statistical analysis, advertisement targeting and so forth, for example with Facebook for the use of Facebook Ads.
Credit card information
We do not collect or store any credit card information, such as credit card numbers. All transactions are handled by a third party credit card billing company, such as PayPal or Stripe. Only the credit card billing company knows your credit card information, the information is not given to us at any stage of the online purchase, nor could we receive this information in the future under any circumstances.
We only use trustworthy credit card processors, such as PayPal and Stripe, who don’t share your credit card number or other private payment information with us – not because they wouldn’t trust us but because it’s just safer that way.
This website can save data to your computer using so-called cookies. This data is used to identify returning users and how visitors use our site. If you do not wish to accept cookies from this website, you can ask your internet browser software to clear and not accept cookies from this website.
Anti Spam Policy
Verifigator does not support spamming and will not work with anyone associated with spamming. We do not wish to have anything to do with businesses or individuals who are considered as spammers or who we believe are spammers. We do not help spammers to avoid spam filters – We help legit companies to avoid being incorrectly flagged as spammers.
Spamming means sending unsolicited emails to parties with whom one does not have a business relationship or who have not explicitly requested (opted-in) to receive such emails.
You are explicitly not allowed to use Verifigator for the analysis or cleaning of so-called bulk email lists, harvested email addresses, bought lead databases, downloaded leads databases or any other form email or lead list which is either automatically generated, automatically collected or by nature an opt-out mailing list.
We reserve the right to remove any users and/or block access to Verifigator from anyone we suspect being associated with spamming.
We reserve the right to monitor the data each Verifigator user is analyzing with Verifigator, and if we detect large amounts of low-quality data being analyzed, we reserve the right to remove your access to Verifigator.
In the case your access to Verifigator has been limited or removed based on our suspicion of a violation of these Terms of Service, you will not be entitled to a refund.