Terms of Service

1. Definitions

2. Grant of License; Ownership; Support

1. Grant of License to You.
   1. Term License. Apollo will make the Services available to you via password-protected online access accessible by you with usernames and passwords, via an application programmer interface (“API“), or as otherwise mutually agreed by the parties. Subject to your compliance with these Terms, the Documentation, any Order Form(s), and all applicable laws, rules, and regulations, Apollo grants to you a non-exclusive, non-transferrable, non-sublicensable license to access and use the Services in accordance with these Terms and during the Term solely for your internal business purposes to:
      1. view the Contributor Database;
      2. communicate with a person in a manner that relates to such person's profession, business, or employment using any Business Contact Information;
      3. identify prospective sales opportunities, research your existing customers and prospects, and otherwise analyze the Contributor Database in a manner relating to your business-to-business sales, marketing, recruiting, and business development activities; and
      4. Use the Services for other appropriate business-to-business services consistent with, but not specifically described in, subsections (i) through (iii) above.
   2. Perpetual License. Subject to your compliance with these Terms, Apollo grants to you a perpetual, worldwide, transferable, royalty-free license to use the PGI for internal business purposes on its own or combined with other information such as, for example, Customer Data. Inclusion of PGI with Customer Data or other information does not change its nature as PGI. Your license to PGI does not grant you any rights to the underlying data sources, methodologies, or intellectual property of Apollo. You may not claim ownership of or attempt to reverse engineer any Apollo proprietary algorithms, data compilation methods, or other intellectual property reflected in PGI.
2. Grant of License to Apollo.
   1. Term License. You grant Apollo a worldwide, non-exclusive, royalty-free license for the Term to host and process Customer Data to provide the Services and to otherwise support you under these Terms. Apollo may also use Customer Data to grow, enrich, and verify the Contributor Database. Under no circumstances will Apollo publicly refer to or associate you with any such data in the Contributor Database, except that, to the extent required by applicable law (including, without limitation, data protection laws such as the GDPR), Apollo may disclose your identity as the source of such data to a data subject, but only if, in Apollo's reasonable judgment, such disclosure is necessary to comply with a lawful data subject request and no less specific response would satisfy Apollo's legal obligations.
   2. Perpetual License. You grant Apollo an irrevocable, perpetual, worldwide, transferable, sublicensable, and royalty-free license to analyze Customer Data using artificial intelligence to improve the Platform; and to test, develop, improve, or enhance Apollo's products and services provided that Apollo will not refer to or associate Customer Data with any such analytics.
3. Ownership.
   1. Platform and PGI. As between you and Apollo, all rights, title, and interests in and to the Platform and PGI, including without limitation patents, copyrights, trademarks, trade names, service marks, trade secrets, derivatives, and other intellectual property rights, and any goodwill associated therewith, are owned by Apollo. For instance, Apollo owns any design, compilation, analytics, or product features inherent in the Platform, such as the way that data is organized, curated, presented, and delivered, and any know-how or other intellectual property inherent in the way Apollo creates, provides, displays, or makes available the Platform. These Terms do not grant you any ownership right, title, or interest in the Platform or any of the above. You agree that any and all feedback, suggestions, ideas, enhancement requests, and recommendations made by you or your Authorized Users relating to the Platform that are incorporated into the Platform are owned exclusively by Apollo, and you hereby assign to Apollo all of your right, title, and interest in and to such incorporated items.
   2. Customer Data. As between you and Apollo, all right, title, and interest in and to Customer Data is owned by you. For avoidance of doubt, notwithstanding Section 2(c)(i) above, you own all Customer Data that may be embedded in, or combined with, PGI.
   3. Apollo's Marks. The Apollo names and logos are trademarks of Apollo, and may not be copied, imitated, or used, in whole or in part, without Apollo's prior written permission.
4. Customer Third-Party Systems. You may integrate Customer Third-Party Systems at your own risk. Apollo has no liability for Customer Third-Party Systems and may discontinue integrations without compensation to you. Providers of Customer Third-Party Systems are not Subprocessors of Apollo.
5. Support. Apollo will provide reasonable assistance and ongoing support to assist you and Authorized Users in accessing the Platform. However, Apollo cannot guarantee that the Services will operate in an uninterrupted or error-free manner. Apollo performs service maintenance and uses commercially reasonable efforts to schedule system downtime during off-peak hours and to avoid service interruptions and delays. Apollo will use commercially reasonable efforts to notify you in advance of any scheduled downtime. Apollo will provide access to its Customer Support team weekdays from 6:00am – 6:00pm Pacific Time via an online portal and otherwise as provided in an Order Form or supplemental document.

3. Authorized Use/License Restrictions

1. Account Setup You must establish an account to access the Platform. You agree to provide accurate account information and maintain current contact details for important notices.
2. Account Security. We make no representations or promises regarding the security of the Service. Despite our security efforts, it is possible that unauthorized individuals will obtain your information, such as through web-scraping tools (even though we do not authorize and in fact prohibit that behavior). You agree and understand that you will be liable for any activity that occurs through your account and further acknowledge and agree that you and your Authorized Users:
   1. are solely responsible for maintaining the confidentiality and security of your account information and account credentials such as your username and password.
   2. may not share your account credentials and must restrict access to your computer and other devices.
   3. must access the Service and our network, systems, or applications only through encrypted connections.
   4. must maintain up-to-date OS (operating system) patching and active anti-malware on the end-user devices used to connect to the Service or our environment.
   5. must ensure that all terminated employees or other users have their access revoked to the Service within 24 hours of termination.
   6. must notify us promptly (and in any event within 72 hours) of security incidents that could have implications to us (e.g. users with compromised credentials or lost or stolen devices with access to the Service, compromised networks or systems including malware worm or ransomware, etc.).
   7. will reach out to our vulnerability discovery program at support@apollo.io if you suspect any vulnerabilities with our Service.
3. Authorized Users. You will ensure only Authorized Users access the Platform. All Authorized Users must be of legal age and comply with these Terms. You are responsible for all activities of Authorized Users.
4. General Usage Restrictions. You will not, and will not permit any third party to:
   1. use the Services or data derived therefrom to create, train, or improve a product or service that directly competes with Apollo's core offerings. This restriction does not apply to your internal systems or processes that are not commercially offered to third parties;
   2. resell, distribute, disclose, sublicense, transfer, sell, offer for sale, or make available any of the Contributor Database or any part of the Services to any third party;
   3. access the Platform on behalf of any person or entity other than you, your Subsidiaries, or your authorized service providers acting under written agreement to perform services for you;
   4. incorporate any portion of the Platform or Contributor Database into your own products or services that you offer to third parties, provided that this restriction does not apply to using Apollo data in your internal tools, customer presentations, or reporting that is not separately commercialized;
   5. use the Services for any purpose governed by the Fair Credit Reporting Act, or for any illegal purpose, or in any way that violates applicable marketing laws such as CAN-SPAM, CASL, or the TCPA;
   6. transmit false, misleading, or fraudulent information, or use the Services to: promote illegal products, firearms, adult content, or hate speech; engage in harassment, spam, or activities that violate intellectual property rights; or transmit any malware, virus, or other harmful computer program that could damage Apollo's systems or other users' systems.
5. Platform Generated Information Restrictions. You will not:
   1. distribute, sell, or license Platform Generated Information to third parties without ensuring compliance with all applicable data protection laws and Apollo's terms regarding the underlying Contributor Database;
   2. use Platform Generated Information to create competing databases or services;
   3. combine Platform Generated Information with other data sources in a manner that would circumvent the usage restrictions applicable to the underlying Apollo data; or
   4. use Platform Generated Information in any manner that would violate the rights of data subjects whose information may be contained therein;
   5. send emails from a group distribution email such as hello@ or marketing@ etc.
6. Technical and Access Restrictions. You are permitted to use the Platform solely for the purpose of accessing and using the Contributor Database as permitted by these Terms. You may not:
   1. Permit anyone who is not an Authorized User to access or use the Services, including the Contributor Database or any Authorized User login credentials.
   2. Reverse assemble, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any of the Platform.
   3. Reproduce, modify, create, or prepare derivative works of any of the Platform or related Documentation.
   4. Use automated means, such as bots, crawlers, or data scraping, to access any data on the Platform or to extract information therefrom, except as expressly included within the Platform or approved in writing by Apollo.
   5. Employ any measure intended to circumvent limitations to purchased credits, Authorized Users, rate limits, or other usage limitations.
   6. Create any security interest in the Platform or alter, destroy, or otherwise remove any proprietary notices.
   7. Disclose the results of any Platform or program benchmark tests to any third parties without Apollo's prior written consent.
7. API Usage Requirements.
   1. Access and Integration. You may not access the APIs via a third party's API credentials or integrate the Apollo APIs with your own product or service.
   2. Usage Limitations. You may not circumvent or attempt to circumvent any limitations on access, calls, or other uses of the APIs. Further, you will not use the APIs in a manner that is excessive, abusive, or otherwise fails to comply with the Documentation or any applicable Apollo agreement.
   3. Prohibited Uses. You are expressly prohibited from doing any of the following:
      1. using any API to replicate or compete with any Apollo products or services, as determined by Apollo in its sole discretion;
      2. selling, sublicensing, or otherwise providing access to any API to any third party;
      3. transmitting any malware, virus, or other computer program that may damage, harmfully interfere with, surreptitiously intercept, or expropriate any system or data;
      4. reverse-engineering or attempting to extract the source code from any APIs or any other Apollo product or service; or
      5. attempting to gain unauthorized access to any systems or networks related to the APIs or to circumvent any authentication or security measures implemented by Apollo.
   4. Monitoring and Compliance. Apollo reserves the right to monitor your use of the APIs to ensure quality, improve Apollo's products and services, and verify your compliance with these Terms. You agree to cooperate with Apollo in such efforts, including by providing information about its use of the APIs upon reasonable request. Apollo may also employ technological measures to enforce reasonable use limits and prohibit excessive use, including but not limited to, rate limiting and blocking IPs that indicate a violation of these Terms.
8. Customer Data. You are solely responsible for Customer Data, and you represent and warrant that it has all rights and authority necessary to provide Customer Data to Apollo and for Apollo to use such Customer Data in accordance with these Terms without violation of any third party rights or applicable law, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You will not transmit any medical information, financial data, or other sensitive data (as defined in Applicable Privacy Laws) to Apollo including without limitation by or through the Platform.
9. Notice of Violation; Suspension. In the event you are aware of or suspect a violation of these restrictions and policies, please notify us at abuse@apollo.io. We will determine compliance with these restrictions at our sole discretion. In the event that we confirm or reasonably suspect that you have failed to comply with these Terms or have otherwise used the Service in an abusive or fraudulent manner or in a manner intended to circumvent our stated policies or rules, we may immediately terminate your access to the Service, and, upon our written demand, you shall cease all use of the Service and the Platform Generated Information.

4. Fees and Payment Terms

1. Subscriptions or customized service accounts. We may provide the Service through paid accounts, such as by offering a monthly or annual subscription, or through customized provision of service and payment terms (as further set forth under an Order Form or separate agreement). If you wish to enter into such an agreement, please contact us at support@apollo.io.
2. Paid and unpaid self-serve accounts. The Service may also be offered as a paid or unpaid account on a “self-serve“ basis, in which case you will have the opportunity to click-through these Terms and select the aspects of the Service you want to use, including an amount of credits that can be used toward the Service. You may not open multiple accounts for your use under a self-serve offering or otherwise take any actions which would allow you to circumvent the credit or rate limits which apply to self-serve offerings. Should we discover you doing so, we may in our sole discretion terminate your account immediately, with no right to refund or reinstatement.
3. Payment Terms. All paid accounts are subject to the following payment terms unless otherwise expressly set forth in an Order Form.
   1. Subscription Fee; Renewal. An Order Form will state the Subscription Fee. Apollo reserves the right to change the Subscription Fee upon expiration of the applicable Subscription Term. Subscription Fees are based on the credits purchased, not actual usage. Except as otherwise provided in an Order Form, all Subscription Fees are non-cancelable and non-refundable, and cannot be decreased during the relevant Subscription Term. Subscription Fees will be paid in advance either in full or in accordance with any different billing frequency stated in the applicable Order Form. Each Subscription Term will automatically renew for an additional period equal to the expiring Subscription Term unless either party gives the other written notice of non-renewal at least thirty (30) days prior to the end of the relevant Subscription Term.
   2. Payments. Unless otherwise provided in an Order Form, all payments of fees or charges payable to Apollo under these Terms will be made in United States dollars and are due in full within thirty (30) days from the invoice date. you will provide complete and accurate billing and contact information to Apollo and will notify Apollo of any changes to such information.
   3. Late Payments. Late payments (other than amounts disputed in good faith by you) will bear interest at the lesser of one and one half percent (1 ½%) per month or the maximum rate allowed by law. All fees payable under these Terms are net amounts and are payable in full, without deduction for taxes or duties of any kind. Further, Apollo may terminate the License if your payments are overdue by more than thirty (30) days.
   4. Taxes. You are responsible for all taxes (including without limitation sales and use taxes) associated with the Platform other than taxes based on Apollo's net income. If Apollo believes any such tax applies to your subscription and Apollo has a duty to collect and remit such tax, the same may be set forth on an invoice to you unless you provide Apollo with a valid tax exemption certificate, direct pay permit, or multi-state use certificate, and will be paid by you immediately or as provided in such invoice.
   5. Non-cancelable; Non-refundable. Subscriptions are non-cancelable during the Term and all payments by you are nonrefundable. There are no refunds for partially used Services or service units. In Apollo's sole discretion, Apollo may elect to provide you with a refund, discount, or other consideration. The provision of a refund, discount, or other consideration in one instance does not entitle you to, or obligate Apollo to provide, a refund, discount, or other consideration in the future.
4. Service Units. The Services may include various units of Service, including but not limited to “seats“ (user licenses) and “credits“ (consumable units for specific functionality). All units of service are subject to these Terms and any applicable Order Form. your specific entitlements, including the types and quantities of service units, will be specified in the applicable Order Form.
   1. User Seats are sold on a per-user basis and are for the number of Authorized Users indicated in the Order Form. You may only permit one license seat per Authorized User at any given time and may not seat-share or time-share. The number of seats may not be decreased during a Term.
   2. All credits purchased or otherwise obtained by you in connection with your use of the Service are subject to (i) the rules and restrictions hereunder, and (ii) the credit conversion policies found at apollo.io/pricing/about-credits, if applicable. Credits and other consumable units may not be resold or transferred. Credits have an expiration date. For paid accounts, credits expire at the end of your billing cycle. For unpaid accounts, credits expire at the end of the monthly term. Credit amounts will not roll over into subsequent Subscription Terms or payment schedule periods.

5. Term and Termination

1. Termination for cause. In addition to any other remedies it may have, either party may terminate these Terms, if (i) the other party breaches these Terms and fails to cure such breach within thirty (30) days of its receipt of a written notice identifying the breach in reasonable detail (or ten (10) days in the case of non-payment), or (ii)‚ subject to applicable law, upon the other party's liquidation, commencement of dissolution proceedings or assignment of substantially all of its assets for the benefit of creditors, or if the other party becomes the subject of bankruptcy or similar proceeding that is not dismissed within sixty (60) days. If the Terms are terminated as a result of a material breach by you, then you shall pay in full all remaining fees payable through the remainder of any outstanding Order Form; or if you have prepaid any fees, then those fees are nonrefundable.
2. Termination for convenience. In addition to the right to terminate for cause, (a) for paid subscriptions, we may terminate these Terms for convenience by providing you at least thirty (30) days' prior written notice; and (b) for unpaid accounts only, either party may terminate these Terms, effective immediately, by providing the other party written notice. For paid subscriptions, you will pay in full for the Service up to and including the last day on which the Service is provided.
3. Effect of termination. Upon expiration or termination of the Terms for any reason: (1) all of your rights under these Terms will immediately terminate and you will immediately cease all access to and use of the Platform; (2) you acknowledge and agree that your access to the Services may be automatically terminated, all passwords and individual accounts removed, and all information that has been uploaded into Apollo's systems by you may be destroyed; and (3) you may retain any PGI derived from the Service during the Term, subject to the terms of these Terms of Service.
4. Inactivity. For non-paying customers, if there is no activity in your account for six (6) months or more, Apollo reserves the right to deactivate your account, delete data from your account and/or restrict access to certain functionality in your account, at Apollo's sole discretion.
5. Survival. The following sections will survive any termination or expiration of these Terms: Section 2(c) (Ownership), Section 3 (Authorized Use/License Restrictions), Section 4 (Fees and Payment Terms), Section 5 (Term and Termination), Section 6 (Representations and Warranties), Section 7 (Arbitration, Class Action Waiver, and Applicable Law), Section 8 (Indemnification), Section 9 (Limitation of Liability), Section 10 (Confidentiality), Section 12(a) (Data Processing Addendum), and any other provisions of these Terms that by their nature are intended to survive termination or expiration.

6. Representations and Warranties

1. Warranties. In addition to any other representation or warranty in these Terms, each Party represents and warrants to the other that: (i) it is duly organized and validly existing and authorized to do business in the jurisdictions where it operates; (ii) it has the requisite power and authority to enter these Terms and entering and complying with its obligations under these Terms does not violate any legal obligation by which such party is bound; and (iii) it will comply with all applicable laws in connection with its rights and obligations under these Terms.
2. Platform Generated Information. You understand that PGI may contain data derived from Apollo's Contributor Database and agree to use such information solely for the permitted purposes set forth in Section 2(a) of these Terms.
3. Notice and Consent. You acknowledge that applicable privacy laws may require you to obtain consent, provide notice, or complete other actions to lawfully conduct marketing activities or process Personal Information, including in connection with Apollo's email scanning, data extraction, and data-sharing activities. Apollo operates a data-sharing business model where Customer Data you provide may be added to our Contributor Database and shared with other Apollo customers, while you gain access to our broader database in return. Apollo has not provided notices or obtained consents on your behalf and provides opt-out mechanisms where required by law, including under CCPA and other privacy regulations. You represent and warrant that you will obtain all required notices, consents, and approvals on your own behalf, including providing individuals with notices about Apollo's data sharing where required by applicable privacy laws.
4. Warranty Disclaimer. APOLLO WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE RELIABLE AND SECURE SERVICES IN ACCORDANCE WITH INDUSTRY STANDARDS. HOWEVER, EXCEPT AS OTHERWISE PROVIDED SPECIFICALLY IN THESE TERMS, THE PLATFORM, SERVICES, AND ALL DATA PROVIDED BY APOLLO HEREUNDER ARE PROVIDED “AS IS“ AND “AS AVAILABLE“ TO THE MAXIMUM EXTENT PERMITTED BY LAW. APOLLO DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. APOLLO DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR QUALITY OF ANY DATA, INCLUDING ANY AI-GENERATED DATA, AS THE DATA IS COMPILED FROM VARIOUS THIRD-PARTY SOURCES OVER WHICH APOLLO HAS LIMITED CONTROL AND THE DATA MAY CONTAIN DUPLICATES, ERRORS, OR OMISSIONS. YOUR USE OF AND RELIANCE ON THE DATA IS AT YOUR OWN RISK. WHILE APOLLO STRIVES TO MAINTAIN SYSTEM SECURITY AND AVAILABILITY, APOLLO DOES NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APOLLO MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS, THOUGH APOLLO WILL USE REASONABLE EFFORTS TO ADDRESS MATERIAL DEFECTS THAT YOU REPORT. YOU ASSUME FULL RESPONSIBILITY FOR ENSURING THAT YOUR USE OF THE SERVICES COMPLIES WITH APPLICABLE LAWS, RULES, AND REGULATIONS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND LEGAL COMPLIANCE OF ANY BUSINESS CONTACT INFORMATION, PGI, OR CUSTOMER DATA BEFORE TAKING ACTION BASED ON SUCH INFORMATION.
   
   Some jurisdictions limit or do not allow the disclaimer of implied warranties. In those states, such warranties will be disclaimed only to the fullest extent permitted by law.

7. Arbitration Agreement, Class Action Waiver and Applicable Law

1. Arbitration and class-action waiver.
   1. Federal Arbitration Act. You agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
   2. Covered Disputes. You and Apollo agree that any disputes arising out of or relating to: (1) your relationship with us, (2) these Terms, or (3) any other aspect of the Service will be covered by arbitration. These Terms are intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes that are expressly excluded.
   3. Pre Arbitration Demand. If you have a Dispute with Apollo, prior to initiating arbitration, you agree to email an individualized request to legal@apollo.io titled “Pre-Arbitration Demand” so that we can work together to resolve the dispute. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. The Pre-Arbitration Demand must include: (i) your name, telephone number, and email address associated with your account; (ii) the name, telephone number, and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature, signed under penalty of perjury. If the Dispute is not resolved within sixty (60) calendar days after you submit a Pre-Arbitration Demand, an arbitration can be brought. You agree that compliance with this section is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. Applicable statutes of limitation and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Pre-Arbitration while the parties attempt information resolution.
   4. Arbitration Procedures. If we do not reach an informal resolution, as required above, you may initiate a demand for arbitration by filing an arbitration demand with JAMS (as of October 2025, forms are available at www.jamsadr.com and electronic filing can be completed at https://www.jamsadr.com/submit/). You must also serve Apollo with a demand for arbitration via email to legal@apollo.io and a hard copy to us at 440 N Barranca Ave #4750, Covina, CA 91723.
      
      Except as modified, JAMS will administer the arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, Streamlined Arbitration Rules and Procedures, Mass Arbitration Rules and Guidelines in effect at the time your arbitration demand is filed with JAMS, excluding any rules and procedures governing or permitting class or representative actions. The applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/.
      
      Arbitration hearings will take place through videoconferencing by default, unless you and Apollo agree upon another location in writing. You and Apollo agree that the arbitrator has exclusive authority to resolve disputes regarding interpretation, applicability, enforceability, or formation of these Terms, including whether claims are subject to arbitration, except only courts may determine validity of the Class Action Waiver in Section 7(A)(v). You and Apollo agree that dispositive motions will be allowed in the arbitration and awards shall be written, binding, and enforceable as court judgments. Both parties submit to San Francisco County jurisdiction for arbitration enforcement proceedings.
      
      You and Apollo agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys (or other representatives assisting in the prosecution or defense of the arbitration on a confidential basis).
      
      If the arbitrator finds the arbitration to be non-frivolous, Apollo will pay all the actual filing and arbitrator fees for the arbitration, provided your claim does not seek more than $75,000. Unless the arbitration rules and/or applicable law provide otherwise, each party is responsible for its own attorneys' fees, provided that the arbitrator may award attorneys' fees to the prevailing party if permitted under applicable law.
   5. Class Action Waiver. The parties agree that arbitration shall be conducted in individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND APOLLO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF APOLLO PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING. If for any reason this waiver is determined void or unenforceable, then this entire Arbitration Agreement shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
   6. 45-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to legal@apollo.io with subject line “ARBITRATION OPT-OUT” within forty-five (45) days of first agreeing to these Terms. The notice must include your name, email address, and account information.
   7. Changes to this Section: Apollo will provide 30 days' notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that your continued use of the Services will be deemed acceptance of those changes and any unfiled claims of which Apollo does not have actual notice under the Pre-Arbitration Demand process are subject to the revised clause. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to legal@apollo.io with the subject line “ARBITRATION OPT-OUT” before the 30-day period expires.
   8. Survival. This Arbitration Agreement shall survive any termination of these Terms.
2. Bellwether Arbitrations: To promote efficient resolution of similar arbitration demands, if twenty-five (25) or more individual arbitration demands of a substantially similar nature are filed against Apollo by or with the assistance of the same law firm, group of law firms, or organizations within a one hundred and eighty (180) day period (“Mass Filing“), the parties shall each select up to eight (8) individual arbitration demands from the Mass Filing to proceed as “Bellwether Arbitrations,“ for a total of sixteen (16) Bellwether Arbitrations. Only the Bellwether Arbitrations will be filed and administered with the arbitration provider at this stage. All other demands in the Mass Filing will be held in abeyance and not filed or administered, and no filing or administrative fees for those claims will be due. The statute of limitations and any deadlines to file or pay fees for the non-Bellwether claims will be tolled while those claims are held in abeyance.
   
   The Bellwether Arbitrations will proceed individually before the arbitration provider, and Apollo will pay the arbitration provider's costs for these Bellwether Arbitrations. Any party may request that the arbitration provider appoint a sole administrative arbitrator to resolve threshold questions regarding the applicability or enforceability of this Bellwether process, whether demands are part of a Mass Filing, or whether demands were filed in accordance with this agreement. Apollo will pay the administrative arbitrator's fees for these determinations.
   
   Following resolution of the Bellwether Arbitrations, the parties will participate in a global mediation, administered by a JAMS mediator, to attempt to resolve the remaining claims in the Mass Filing. JAMS will provide a group of five mediators from which Apollo and claimants will be able to strike one mediator each and then rank the remaining mediators. If the parties are unable to resolve the remaining claims within thirty (30) days following the global mediation, the remaining claims may then be filed and administered individually with the arbitration provider, unless the parties mutually agree otherwise in writing. Any party may request that the arbitration provider appoint an administrative arbitrator to resolve threshold questions regarding the newly filed demands.
   
   This Bellwether Arbitration provision does not authorize class, collective, or mass action of any kind, or arbitration involving joint or consolidated claims, except as expressly set forth in this provision. Each claim remains individual. The outcome of any Bellwether Arbitration will apply only to the parties in that arbitration and will not have preclusive or precedential effect on any other claim or arbitration.
3. Limitations to this agreement to arbitrate. This section (Arbitration and Class Action Waiver) shall be limited as follows:
   1. Intellectual Property Claims. Either Party may bring an action on an individual (not class or representative action) basis in state or federal court or in the U.S. Patent and Trademark Office to protect its patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.
   2. Small Claims Court. Either Party may seek relief in a small claims court on an individual (not class or representative action) basis for disputes or claims within the scope of that court's jurisdiction.

8. Indemnification

1. Indemnification. You agree to indemnify, defend and hold us, our affiliates, directors, officers, employees, contractors, and agents, and our suppliers, licensors, and service providers harmless from and against any actual or threatened loss, liability, claim, demand, damages, costs or expenses by a third party, including reasonable and related attorneys' fees and expenses (collectively, “Claims“), arising out of or in connection with: (1) Your use of the Service; (2) Your breach of these Terms of Service; (3) Your violation of any applicable law or rights; or (4) the Customer Data.
   
   We will have the right, but not the obligation, to participate through counsel of our choice in any defense by you of any Claims as to which you are required to defend, indemnify, or hold us harmless. You may not settle any Claims in a manner that may impose any obligation upon us, without our prior written consent. The members of our corporate family, and its agents, partners, employees, contractors and advertisers, are third-party beneficiaries of this paragraph. Other than such parties, there are no other third-party beneficiaries of these Terms. Should you not in a timely manner agree to indemnify and defend us upon our notice to you of a covered Claim, we may retain our counsel, for whose reasonable fees you shall be liable, and we may settle any such Claim, for which you likewise shall be liable.
2. Sole Remedy. THE TERMS OF THIS SECTION 8 CONSTITUTES THE ENTIRE LIABILITY OF APOLLO, AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY INDEMNIFICATION CLAIMS OF ANY KIND.

9. Limitation of Liability

1. Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR A VIOLATION OF APPLICABLE LAW OR AS OTHERWISE PROVIDED SPECIFICALLY IN THESE TERMS, NEITHER PARTY (NOR ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES) WILL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM, OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY SECURITY INCIDENT, OR FOR ANY CONTENT, PRODUCTS, AND PLATFORM OBTAINED THROUGH OR VIEWED ON THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE RESPECTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM A PARTY'S NEGLIGENCE OR GROSS NEGLIGENCE.
2. Direct Damages. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM UNDER OR RELATING TO THESE TERMS OF THE SERVICE EXCEED THE TOTAL OF THE AMOUNT PAID BY YOU TO US DURING THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.

10. Confidentiality

1. Confidential Information. From time to time during the Term, either Party (the “Disclosing Party“) may disclose or make available to the other Party (the “Receiving Party“), non-public, proprietary, or confidential information of Disclosing Party that is clearly designated by Disclosing Party as confidential or which Receiving Party should reasonably understand Disclosing Party would expect to be treated as confidential (collectively “Confidential Information“); provided, however, that Confidential Information does not include any information that: (i) is or becomes lawfully and generally available to the public other than as a result of Receiving Party's breach of this Section 10 or any other duty or obligation of confidentiality owed to the other Party, (ii) is or becomes available to Receiving Party on a non-confidential basis from a third-party source, provided that such third-party is not and was not prohibited from disclosing such Confidential Information, (iii) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder as evidenced by its records, or (iv) was or is independently developed by Receiving Party without using any Confidential Information.
2. Obligations. Receiving Party will: (i) protect and safeguard the confidentiality of Disclosing Party's Confidential Information with at least the same degree of care as Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, (ii) not use Disclosing Party's Confidential Information, or permit it to be used, for any purpose other than to exercise its rights or perform its obligations under these Terms, and (iii) not disclose any such Confidential Information to any person or entity, except to Receiving Party's employees, agents, contractors, attorneys or representatives (“Representatives“) acting in the course of their obligations and rights hereunder.
3. Required Disclosure. If Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it will, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party's sole cost and expense, a protective order or other remedy and Receiving Party must only disclose or furnish that portion of Confidential Information as such Receiving Party or the applicable Representative is legally obligated or compelled to so produce or disclose.
4. Return or Destruction. At Disclosing Party's request, Receiving Party will return or destroy any Confidential Information Receiving Party obtained from the Disclosing Party. However, nothing contained in this Section 10 will be construed to prohibit Receiving Party from retaining electronic information maintained in compliance with its digital data retention and automated backup procedures provided that such Confidential Information will remain subject to the confidentiality obligations set forth in these Terms.
5. Conflicting Obligations. The provisions of this Section 10 supersede and replace in whole any previous confidentiality, non-disclosure, or similar agreement between the Parties.

11. Changes to the Service

12. Data Privacy and Security

1. Data Processing Addendum. The Apollo DPA is hereby incorporated by reference into these Terms. The parties shall comply with the terms of the Apollo DPA as it relates to all processing of Personal Information in connection with these Terms.
2. Privacy Policy. You agree to the collection, use, disclosure and other handling of information, including Personal Information, described in our Privacy Policy, which we may update from time to time.
3. Email Scanning and Opt Out. Apollo may access and scan your email inbox and contact lists to provide and improve its services, including enhancing Apollo's databases and analytics. Extracted information may be aggregated and shared with third parties, but Apollo will not disclose your personal identity except as required by law or to deliver services. You are responsible for providing required notices and obtaining consents from contacts to permit Apollo's processing of their information. Apollo acts as your service provider and does not establish direct relationships with your contacts. You may revoke your consent via account settings. Upon revocation, Apollo will stop collecting new data but may retain previously collected data as permitted by law. Apollo will honor valid requests to access or delete personal information where required and disclaims liability for your failure to provide adequate notice or obtain required consents.

13. Miscellaneous

1. Complete Agreement and Understanding. These Terms are the entire and exclusive understanding and agreement between you and Apollo regarding the Platform as well as the Customer Data. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and Apollo regarding such topics (including, with respect to the subject matter hereof, any non-disclosure or confidentiality agreement previously entered into between the Parties).
2. Apollo's Relationship with You. The relationship between you and Apollo is that of independent contractors, and nothing in these Terms will be construed to create or imply any other relationship (such as a partnership or an employer/employee or agency relationship).
3. Assignment. We may assign these Terms at our discretion. You may not assign, sublicense or transfer these Terms (or our license grant to you herein) in whole or in part to anyone else.
4. Severability. If any provision of these Terms is determined by a court to be invalid, illegal, or unenforceable, that determination will not affect the validity or enforceability of the remaining provisions of the Terms, and each provision will be considered as separate, severable, and distinct from each other.
5. Waiver. No waiver of any obligation or right of either party will be effective unless such waiver is provided in writing, and executed by the party against whom it is being enforced.
6. Notice. Legal notices to us (including but not limited to termination notices) must be sent to support@apollo.io or 440 N Barranca Ave #4750, Covina, CA 91723. We will send legal notices to you via a method of our choosing that is reasonably intended to provide such notice to you, including without limitation via the Service or to the email or other address you have provided to us.
7. Equitable Remedies. In the event of a breach of confidentiality, a data breach, or violation of license restrictions, the breaching party understands and agrees that direct money damages may not be an adequate remedy for any such breach and agrees that the non-breaching party is entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach. The breaching party further agrees to waive any requirement for the non-breaching party to secure or post any bond in connection with such remedy.
8. AI Policy. You acknowledge and agree to the Apollo AI Policy, which Apollo may update from time to time.
9. Amendments; Modifications. Apollo may change the features and functionality of the Platform at any time, including any credit conversion policies. The Terms will apply to any changed version of the Service. We may also suspend or stop the Service altogether. In addition, we may impose or alter fees for new or existing aspects of the Service, including updating our credit conversion policies at any time. Apollo will notify you of the modifications through such means as it deems appropriate, including but not limited to email, notifications, or posts on the Website, but receipt of such notification shall not limit enforceability of such modification or amendment. Your continued use of the Services following the posting of revised Terms means you accept and agree to the changes. In addition, Apollo may inform you in writing (including by email) of any additional, reasonable policies that Apollo deems necessary to comply with legal or contractual obligations. Such policies will become effective within thirty (30) days of Apollo's delivery of such policies to the last known or provided email address that you have provided to Apollo.
10. Order of Precedence. In the event of any direct conflict between the terms of these Terms and the terms of any Order Form, Addendum, or any other document incorporated by reference (including but not limited to, policies, terms of service, or other linked documents), the following will apply in descending order of precedence: (1) Apollo DPA; (2) Order Form, if any; (3) Other Addenda, if any; (4) Terms; (5) Linked policies.
11. Beta Services. Apollo may offer optional Beta Services. Beta Services may be subject to additional terms which may supplement, but not supersede the terms of these Terms of Service. BETA SERVICES ARE PROVIDED “AS IS“ WITHOUT WARRANTIES AND APOLLO HAS NO LIABILITY FOR BETA SERVICES AND MAY TERMINATE OR DISCONTINUE BETA SERVICES AT ANY TIME IN ITS SOLE DISCRETION.
12. Export Restrictions. You must not access or use the Service: (i) in or relating to any country or territory that is the subject or target of comprehensive trade or economic sanctions imposed by the U.S. government or other applicable governmental authorities, including the European Union, United Kingdom, or United Nations (“Sanctions“); (ii) for the benefit or on behalf of any person listed in any Sanctions-related list of designated persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC“), the U.S. Department of State (including OFAC's List of Specially Designated Nationals and Blocked Persons), or equivalent sanctions authorities, or any person owned 50 percent or more by such person; or (iii) otherwise in violation of any applicable Sanction, embargo, prohibition or restriction. In addition, you must comply with all applicable laws and regulations governing the export, re-export and transfer of the Service and you are responsible for obtaining any required export or import authorizations.
13. Monitoring. We, or service providers working with us, may monitor the Service for any legitimate business purpose, including to monitor compliance with these Terms or evaluate how the Service is being accessed and used. We will be the sole and final arbiter as to whether the Service is being misused or these Terms are being violated. If we believe you have violated these Terms (or any law) we may terminate your account and access to the Service immediately and without notice. In such a situation we also may seek civil, criminal or injunctive relief, at our sole discretion and without obligation, to enforce this Terms of Service and the law.
14. Applicable Law. The Terms of Service and the relationship between us shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in San Francisco County, California (or by a small claims court located elsewhere in the United States when Section 7(b)(ii) applies). We both agree to submit to the personal jurisdiction of the courts located within San Francisco County, California (or a small claims court located elsewhere in the United States when Section 7(b)(ii) applies), for the purpose of litigating all such claims or disputes that are not subject to arbitration.