Free The Mintigo application is free to download - users are only charged on a Cost Per Lead model.
Mintigo operates the world’s first Customer Search Engine™, scanning the Web and social networks to provide a feed of prospects and campaign intelligence. Only Mintigo can analyze massive amounts of data to discover the CustomerDNA™ of your next deal.
Terms and Conditions##BY TICKING THE “I HAVE READ AND AGREE TO THE TERM AND CONDITIONS” DISPLAYED ON _THE SCREEN AS PART OF YOUR REGISTRATION TO THE SERVICES OR BY USING THE SERVICES YOU AGREEE TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "CANCEL" BUTTON AND MAY NOT USE THE SERVICES. ##1. Scope. These Terms and Conditions shall apply to your use of Mintigo, Inc. ("Mintigo") prospect leads provided to you by Mintigo, to which you are being granted access under this Agreement ("Services") identified in one or more ordering forms evidencing the initial subscription for the Services and any subsequent order forms submitted online or in written form, specifying, among other things the services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties (an "Order" or "Orders"). These Terms and Conditions and all Orders (collectively referred to as the "Agreement") represent the parties' entire understanding regarding the Services. In the event of a conflict between these Terms and Conditions and an Order, the terms of the Order shall control.##2. Right to Use the Services. ##2.1. During the term set forth in an Order, Mintigo grants to you, a nontransferable, nonexclusive, worldwide right to access and use the Services subject to the terms of the Agreement.##2.2. You shall be solely responsible for obtaining and maintaining appropriate equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, computers, computer operating system and web browser (collectively, "Equipment"). You shall ensure that Equipment complies with all configurations and specifications set forth in Mintigo's published documentation. ##3. Usage Restrictions and Representations. ##3.1. You shall not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data related to or provided with the Services ("Software"); (ii) modify, translate, or create derivative works based on the Services or Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or Software; (iii) use or access the Services to build or support, and/or assist a third party in building or supporting, products or services competitive to Mintigo; or (iv) remove any proprietary notices or labels from the Services or Software. You shall use the Services and Software only for your own internal business operations, and not for the operation of a service bureau or timesharing service, or otherwise for the benefit of a third party.##3.2. You shall not knowingly or willfully use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with Mintigo's provision of the Services. You shall be responsible for maintaining the security of the Equipment and your account access passwords. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services. ##3.3. You represents and warrants that Customer will use the Services only in compliance with all applicable laws and regulations, including those related to spamming, privacy, data protection (including European Union and national data protection policies), intellectual property, consumer and child protection, pornography, obscenity or defamation).##4. Ownership. ##4.1. Mintigo owns or has rights to all intellectual property rights in and to the Services and Software (including all derivatives or improvements thereof). All suggestions, enhancements requests, feedback, recommendations or other input provided by you or any other party relating to the Services or Software shall be owned by Mintigo, and you hereby do and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. Any rights not expressly granted herein are reserved by Mintigo.##4.2. You own any data, information or material that you submit in the course of using the Services ("Customer Data"). Mintigo has no ownership rights in or to Customer Data. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to Customer Data. Customer Data shall be deemed to be your Confidential Information pursuant to Section 9 below. ##5. Payment. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, as indicated to you when you order the Services. ##6. Term and Termination. ##6.1. The Agreement shall commence as of the earlier of either the date this Agreement is accepted by selecting the " I HAVE READ AND AGREE TO THE TERM AND CONDITIONS” option displayed on the screen as part of your registration to the services or the date you begin using the Services, and shall remain in effect through the end of the term specified in any current Order. All sections of the Agreement which by their nature should survive termination will survive, including, without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability. ##6.2. In the event of a material breach by either party, the non-breaching party shall have the right to terminate the applicable Order for cause if such breach has not been cured within 30 days of written notice from the non-breaching party specifying the breach in detail. Mintigo may immediately suspend your password, account, and access to the Services if (i) you fail to make payment due within ten business days after Mintigo has provided you with notice of such failure; or (ii) you violate Section 2.1, 3, or 9 of these Terms and Conditions. Any suspension by Mintigo of the Services under the preceding sentence shall not relieve you of your payment obligations under the Agreement. If Mintigo terminates an Order for your material breach, all fees set forth on such Order are immediately due and payable. ##6.3. Upon any termination or expiration of an Order, your right to access and use the Services covered by that Order shall terminate. ##7. Representations, Disclaimer of Warranties, Indemnities. ##7.1. Each party represents and warrants to the other party that it has the power and authority to enter into the Agreement.##7.2. You are responsible for all activity occurring under your user accounts and shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data.##7.3. Mintigo shall defend, indemnify and hold you harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with claims, demands, suits, or proceedings ("Claims") made or brought against you by a third party alleging that the use of the Services as contemplated hereunder directly infringes the intellectual property rights of a third party; provided, that you (a) promptly give written notice of the Claim to Mintigo; (b) give Mintigo sole control of the defense and settlement of the Claim (provided that Mintigo may not settle or defend any Claim unless it unconditionally releases Customer of all liability); and (c) provide to Mintigo, at Mintigo's cost, all reasonable assistance. You shall defend, indemnify and hold Mintigo harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with Claims made or brought against Mintigo by a third party alleging that Customer Data, or your use of the Services in violation of the Agreement, infringes the intellectual property rights of, or has otherwise harmed, a third party or violates any law or regulation; provided, that Mintigo (a) promptly gives written notice of the Claim to you; (b) gives you sole control of the defense and settlement of the Claim (provided that you may not settle or defend any Claim unless it unconditionally releases Mintigo of all liability); and (c) provides to you, at your cost, all reasonable assistance. ##7.4. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MINTIGO AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. MINTIGO AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MINTIGO AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE, SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MINTIGO NOR ITS THIRD PARTY PROVIDERS CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MINTIGO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MINTIGO, THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS. ##8. Limitation of Liability. EXCEPT FOR EACH PARTY'S CONFIDENTIALITY OBLIGATIONS, BODILY INJURY OR DEATH, NEITHER PARTY OR ITS THIRD PARTY LICENSORS SHALL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE, INACCURACY OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND IT'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU IN THE PRECEEDING 12 MONTHS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply.##9. Confidential Information. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information relating to the Disclosing Party's business (hereinafter referred to as "Confidential Information" of the Disclosing Party). Such information includes, without limitation, Customer Data. The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information; and (ii) not to use (except as expressly permitted in Section 10 below) or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to Confidential Information after three years following the receipt of such Confidential Information, or any Confidential Information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it by a third party; or (d) was independently developed without use of any Confidential Information of the Disclosing Party; or (e) is required by law. Customer Data will be destroyed as set forth in Section 6.3, and, upon your request. ##10. Statistical Information. Notwithstanding anything else in the Agreement or otherwise, Mintigo may monitor your use of the Services and use Customer Data in an aggregate and anonymous manner, compile statistical and performance information related to the provision and operation of the Services, and may make such information publicly available, provided that such information does not incorporate Customer Data and/or identify your Confidential Information. Mintigo retains all intellectual property rights in such information. ##11. Notices. Mintigo may give notice by means of a general notice on the Services, electronic mail to your e-mail address on record in Mintigo's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Mintigo's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Mintigo (such notice shall be deemed given when received by Mintigo) at any time by any of the following: letter sent by confirmed facsimile to Mintigo at the following fax number (646) 349 1397; letter delivered by nationally recognized overnight delivery service or first class postage prepaid post to Mintigo at the following address: Mintigo, Inc. 3000 Sand Hill Road, 4-250, Menlo Park, CA 94025 and in either case, addressed to the attention of: Nir Goldberg.##12. Force Majeure. Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 20 days, either party may cancel unperformed Services upon written notice. This section does not excuse your obligation to pay for the Services provided.##13. General provisions. ##13.1. Any action, Claim, or dispute related to the Agreement will be governed by Israeli law, excluding its conflicts of law and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this Agreement or any action relating to the subject matter hereof shall be the courts in the Tel-Aviv, Israel The failure of either party to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Except for actions for nonpayment or breach of either party's proprietary rights, no action, regardless of form, arising out of or relating to the Agreement may be brought by either party more than two years after the cause of action has accrued. ##13.2. The Agreement and all Order(s), represent the parties' entire understanding relating to the Services, and supersede any prior or contemporaneous, conflicting or additional communications. The exchange of a fully executed Order by fax or electronic signature shall be sufficient to bind the parties to the Terms and Conditions of the Agreement and such Order If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. ##13.3. No joint venture, partnership, employment, or agency relationship exists beween Mintigo and you as a result of the Agreement or use of the Services.##13.4. Mintigo reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, subject to 30 days written notice to you. Continued use of the Services after any such changes shall constitute your consent to such changes.##13.5. This Agreement may not be assigned by you without the prior written approval of Mintigo but may be assigned without your consent by Mintigo to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Mintigo directly or indirectly owning or controlling 50% or more of you shall entitle Mintigo to terminate this Agreement for cause immediately upon written notice.
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