Terms of Service
The following terms and conditions apply to your access to and use of the Vayne website and all content, services, and APIs available at or connected to the Vayne domain vayne.io (the “Website”). The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published on this Website by Vayne (collectively, the “Agreement”).
By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by Vayne, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
Vayne is a brand of Blacksales, a limited liability company registered in the Bordeaux Trade and Companies Register under number 508 553 575, whose registered office is located at 4 rue Fernand Belliard, 33100 Bordeaux.
1. Your Vayne Account
If you create an account for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Vayne of any unauthorized uses of your account or any other breaches of security.
Vayne will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by robots or other automated methods are not permitted. You must provide your legal name, a valid email address, and any other information requested in order to complete the sign-up process. Accounts may only be accessed and used by the individual whose details were entered upon account creation.
The account login credentials cannot be shared with any other individual or company. You must not, in the use of the Services, violate any laws in your jurisdiction and in the United States (including but not limited to copyright or trademark laws). You must not create more than one account. Such behaviors will result in your account being terminated without notice.
2. Terms of sales
When you sign up for our Services, you agree to a recurring subscription contract with Vayne on a monthly, quarterly, annual, or other basis that you select when signing up for the Services.
When you register for a subscription, you expressly acknowledge and agree that (a) Vayne (or our third party payment processor) is authorized to charge you on a monthly, quarterly, annual, or other basis as applicable for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the Services in accordance with these terms.
For more information about pricing and subscription plans, please visit our Pricing page.
2.2. Free plan
Vayne currently offers a free plan that allows you to use the Services without any charge. Vayne reserves the right to change the amount of credits available under this plan or even to cancel it at any time, without notice. In this occurrence your account will be terminated if you do not wish to subscribe to a paying plan. By subscribing to the free plan you accept these conditions.
In addition to the free plan, Vayne offers paid Services including data scans, data exports, or data enrichments.
By using the Services, you agree to pay Vayne the credits for that specific task based on your current subscription.
Payment for Vayne Services is due immediately upon subscribing to one of our paid plans. If you wish to upgrade or downgrade your plan, Vayne immediately charges the total amount for the new plan, and your credits’ balance will be rolled over to the new billing cycle.
If you decide to cancel your plan, your credits will be rolled over to a free plan, and available for a maximum of 12 months. After that period you will lose all remaining credits and will be left with the credits available in the free plan.
You are responsible for the use of your credits and will be responsible for upgrading your plan if you exhausted your credits.
Vayne does not provide refunds to users who request it, regardless of the reason for the request.
You can contact Vayne’s support team via email at any time. Vayne makes its best efforts to respond within three business days. However we cannot guarantee the response delay.
4. Damage and liability
You expressly understand and agree that Vayne shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if Vayne has been advised of the possibility of such damages).
5. Commercial reference
You agree that we may, but have no obligation, to identify you as a customer of Vayne and that Vayne may, in its sole discretion, refer to you by name, trade name, trademark, logo and other proprietary marks or words, and may describe your business, in our marketing or publicity materials, on our website, and in press releases or other public statements. You hereby grant Vayne a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos and other proprietary marks or words pursuant to this Section 5.
You may revoke this license at any time by notifying Vayne via email.
6. Copyright Infringement
Vayne intends to respect the intellectual property rights of others. Therefore, if you believe that material located on or linked to by Vayne violates your copyright, you are encouraged to notify Vayne and if possible indicate whose (company or individual) copyright we are infringing. Vayne will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. Vayne will terminate a visitor’s access to and use of the services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Vayne or others.
7. Intellectual Property
Vayne does not transfer to you any Vayne or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Vayne. Vayne, the Vayne logo, and all other trademarks, service marks, graphics and logos used in connection with Vayne, or the Services are trademarks or registered trademarks of Vayne. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Vayne or third-party trademarks.
8. Use License
Under this license, you may not:
- Build a similar or competitive service
- Try to sell any illegal product or services
- In any way, violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries)
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct
- Impersonate any person or entity, including without limitation, any Vayne official, employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity
- Access the Services by any means other than through the standard industry-accepted or Vayne-approved application program interfaces
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Vayne prior written consent
- Use any device, software, or routine that interferes with the proper working of the Website
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
- Attempt to decompile or reverse engineer any software contained on the Website
- Otherwise attempt to interfere with the proper working of the Website
- Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by Vayne at any time, in its sole discretion
Vayne reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Vayne may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Vayne may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
11. Disclaimer of Warranties
The Services are provided “as is”. Vayne and its suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Vayne nor its suppliers makes any warranty that the Services will be error-free or that access will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
12. Limitation of Liability
Vayne and the other Vayne parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, strict liability or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Vayne or the other Vayne parties have been advised of the possibility of such damages.
The total liability of Vayne and the other Vayne parties, for any claim arising out of or relating to these terms or our services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Vayne or the other Vayne parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13. General Representation and Warranty
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Vayne, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Vayne Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Services; (b) your Marketing Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of a third party (including intellectual property rights or privacy rights) or (e) your conduct in connection with our Services. You agree to promptly notify Vayne Parties of any third party Claims, cooperate with Vayne Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that Vayne Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Vayne or the other Vayne Parties.
15. Governing Law and Venue
The Contract is subject to French law. In the event of a dispute between the Parties arising from the validity, interpretation or performance of the Contract and in the absence of an amicable agreement between the parties above, the courts of Bordeaux shall have exclusive jurisdiction, notwithstanding multiple defendants or calls for guarantees, even for emergency proceedings or protective proceedings.