Terms of Service

By accessing or using the Bullseye website, platform, or related services (collectively, the "Services") provided by Bullseye ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Services.

Bullseye provides person-level website visitor identification and related sales and marketing intelligence tools. Our Services help customers identify visitors to their websites, prioritize leads, and integrate visitor data with their existing CRM and marketing systems. The specific features and scope of your access depend on your plan and any separate agreement you have with us.

You may need to create an account to use certain parts of the Services. You agree to provide accurate, current, and complete information and to keep your account credentials secure. You are responsible for all activity under your account.

We may suspend or terminate your account if you breach these Terms or if we are required to do so by law.

You agree to use the Services only for lawful purposes and in accordance with these Terms and any applicable laws and regulations. You may not use the Services to violate the rights of others, distribute malware, circumvent security or access controls, or use the Services in any way that could harm, disable, or overburden our systems or networks.

You are responsible for ensuring that your use of the Services (including any data you provide or collect through the Services) complies with applicable privacy and data protection laws, including GDPR and CCPA, and that you have appropriate notices and consents where required.

Fees for the Services are as described in your plan or in a separate order or quote. You agree to pay all fees when due. Unless otherwise agreed, fees are billed in advance and non-refundable except as required by law or as otherwise stated in your agreement.

We may change our fees upon reasonable notice. Continued use of the Services after a fee change constitutes acceptance of the new fees. Unpaid amounts may result in suspension or termination of access to the Services.

The Services, including the software, design, text, graphics, and other content we provide (excluding any content you submit), are owned or licensed by Bullseye and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes in accordance with these Terms.

You retain ownership of any data or content you submit to the Services. You grant us the rights necessary to provide, operate, and improve the Services (including to process and store your data as described in our Privacy Statement and any Data Processing Addendum).

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation survives termination of these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BULLSEYE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU USE THE SERVICES AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BULLSEYE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Bullseye and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights or applicable law.

You may stop using the Services at any time. We may suspend or terminate your access to the Services, with or without notice, for breach of these Terms or for any other reason we deem appropriate.

Upon termination, your right to use the Services ceases. Provisions that by their nature should survive (including confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Services shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts. Nothing in these Terms limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction.

These Terms, together with our Privacy Statement and any Data Processing Addendum or order form you have accepted, constitute the entire agreement between you and Bullseye regarding the Services. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

We may modify these Terms from time to time. We will post the updated Terms on this page and indicate the date of the last update. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Services.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

For questions about these Terms of Service, please contact us at support@bullseye.so.