Terms of Service

These Terms of Service (“Terms”) are an agreement between you, or the organization you represent (“Customer”, “you”), and Marketing Migration LLC, a Delaware limited liability company operating as DavenportAI (“DavenportAI”, “we”, “us”). By creating an account or using the service, you agree to these Terms.

1. The service

DavenportAI connects to your HubSpot portal, processes the contact and company records you select, and writes results back to your portal. We may improve or change the service over time.

DavenportAI is an independent product and is not affiliated with or endorsed by HubSpot, Inc. HubSpot is a trademark of HubSpot, Inc.

2. Your account

You must give accurate account information and keep your login secure. You are responsible for activity under your account. You must have the authority to connect the HubSpot portal you connect and to let us process its data.

3. Plans and credits

• The service is sold as subscription plans that include a monthly allotment of credits. Current plans and prices are listed on our pricing page.
• Credits are used as described on our pricing page and in our documentation. Each run uses credits for every record in the list it processes, including records processed in earlier runs.
• Plan credits are granted monthly and expire at the end of each monthly period. Unused plan credits do not roll over. Plan credits are used before top-up credits.
• Top-up credits do not expire, but can only be used while you have an active subscription or trial. If your subscription ends, unused plan credits end with it, and top-up credits are kept until you resubscribe.
• Credits have no cash value and are non-refundable, including on cancellation.
• Fees are charged in advance through our payment processor. You authorize us to charge your payment method for your plan and any top-ups you buy.

4. Free trial

New accounts may receive free trial credits. Trial credits have no cash value, are cleared when your first subscription starts, and may be withdrawn if we see abuse.

5. Cancellation

You may cancel your subscription. While you have no active subscription, jobs are held and resume if you resubscribe. We may suspend or end your access if you breach these Terms or fail to pay.

6. Your data

You keep all rights to the data in your HubSpot portal. You grant us the rights needed to process it to provide the service. Our handling of personal data is described in our Privacy Policy. Your use of your HubSpot portal remains subject to HubSpot’s own terms.

You are responsible for having a lawful basis to process the personal data in your portal with DavenportAI, and for your use of the results.

7. AI-inferred attributes

AI-inferred attributes are estimates. They are provided for segmentation and marketing personalization only. You must not use them as the basis for decisions that produce legal or similarly significant effects on individuals, including decisions about employment, credit, housing, insurance or access to services.

8. Acceptable use

You must not:

• Use the service in violation of any law, including privacy, anti-spam and consumer protection laws.
• Resell, redistribute or build a competing dataset from the data we return.
• Attempt to access data or systems you are not authorized to access, or interfere with the service.
• Reverse engineer the service, except where the law allows it.
• Use the service to process sensitive categories of personal data, or data about children.

9. Disclaimers

The service and its results are provided “as is”. We work to return accurate results, but we do not guarantee that any result is complete, current or correct.

10. Limitation of liability

To the fullest extent allowed by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data. Our total liability for any claim under these Terms is limited to the amount you paid us in the 12 months before the claim.

11. Changes to these Terms

We may update these Terms. We will post changes on this page and update the date above, and we will notify account holders by email of significant changes. Continued use after a change means you accept it.

12. Governing law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law rules. The state and federal courts in Massachusetts have exclusive jurisdiction.

13. Contact

Marketing Migration LLC, operating as DavenportAI, Wakefield, Massachusetts.

[email protected]