These terms of service (these “Terms”) apply to certain data related to health care professionals (the “Data”) or access to such Data (collectively, the “Service”) provided by BlueScope Data Ltd., operating as DoctorMailing (“DoctorMailing”) via doctormailing.com and api.doctormailing.com (the “Site” or “Sites”).
By accessing the Service you agree and acknowledge that you have read and understand all of these Terms, and you agree to be legally bound by them.
These Terms apply to individuals and entities that obtain access to the Service via an application program interface and accompanying documentation (“API Client”) and individuals and entities that purchase Data products (“Data Product Client”). Unless otherwise specified, “you”, or “The Client” refers to both an API Client and a Data Product Client, including their successors and assigns.
The “Effective Date” of these Terms is the date you first access the Service.
Permitted use of the Service
The Client agrees to provide accurate, complete and current contact information to DoctorMailing when creating an account to access the Service.
The Client shall receive a non-exclusive, conditional, non-transferable right to access and use the Service and the Data.
In order for an API Client to access the Service, DoctorMailing will provide API Clients with one or more API keys, which the API Client warrants that it will keep confidential and not share with any external parties without prior written consent of DoctorMailing.
The API Client assumes responsibility for all requests made from the API key granted to the API Client by DoctorMailing.
The Client shall, without limit and at all times, use the Service in accordance with applicable laws, rules and regulations. Without limiting the foregoing, the Client agrees that it will use any Data, contact information, or materials obtained through the Service in compliance with all applicable federal, state, provincial and local laws and regulations governing privacy, marketing and communications, including, where applicable, the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), National Do Not Call Registry rules, state do-not-call laws, the CAN-SPAM Act, Canada’s Anti-Spam Legislation, and any other applicable laws governing marketing, solicitation, electronic communications or privacy.
The Client is solely responsible for determining whether its intended use of the Data complies with applicable laws and regulations.
The Client agrees that before initiating any marketing communications, including telephone calls, text messages, emails or other outreach using the Data, the Client will independently verify and comply with all applicable federal, state, provincial and local do-not-call registries, suppression lists and other applicable restrictions, maintain any internal do-not-contact list required by law, and obtain any consent required by law.
The Client shall not use the Service or the Data to harass, intimidate or abuse any individual or organization, to conduct illegal telemarketing, robocalling or unsolicited communications in violation of applicable law, or to misrepresent the origin or source of the Data.
This section shall survive termination of these Terms.
API Client Subscription Fees
API Clients must pay the fees applicable to their subscription to the Service (“Subscription Fees”) in order to access the Service.
API Clients must keep a valid payment method on file with DoctorMailing to pay for all incurred and recurring Subscription Fees. DoctorMailing will charge applicable Subscription Fees to any valid payment method that you authorize (“Authorized Payment Method”), and DoctorMailing will continue to charge the Authorized Payment Method for applicable Subscription Fees until the Services are terminated, and any and all outstanding Subscription Fees have been paid in full. Unless otherwise indicated, all Subscription Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Refunds
If within 30 days of the initial date of purchase of an API Service, State List, or Build a Doctor List Product the Client informs DoctorMailing that they are not satisfied with the Service, DoctorMailing will make reasonable efforts to improve the Service to the Client’s satisfaction.
Refunds are not available for custom data lists due to the nature of work performed to create the lists – the purchase price for custom lists reflects the work performed to obtain the list rather than the data itself. A sample will generally be provided prior to purchase to ensure the Client is satisfied with the data format and contents.
If a Data Product Client remains unsatisfied, DoctorMailing will provide the Data Product Client with a refund equal to 100% of the price paid for the Data.
If an API Client remains unsatisfied, DoctorMailing will provide the API Client a refund equal to 100% of one month of the API Client’s Subscription Fees.
In the event of a refund, the Client acknowledges and agrees that they have no right or license whatsoever to use any Data accessed from DoctorMailing for any purpose whatsoever, and to promptly return such Data to DoctorMailing or certify its permanent destruction.
Data and Service
The parties agree that although DoctorMailing makes efforts to provide current information through the Service, the Data is provided by DoctorMailing “as is.” DoctorMailing does not represent, warrant or make any other guarantees as to the completeness, correctness, current status or suitability of such Data, or make any implied warranties with respect to its merchantability or fitness for a particular purpose.
Certain information provided through the Service may be derived from publicly available sources, including but not limited to the National Plan and Provider Enumeration System (NPPES) and other public registries or datasets. DoctorMailing compiles and organizes such information for convenience and business use, but does not control such third-party or public sources and does not guarantee the accuracy, completeness, timeliness or current status of any such Data.
DoctorMailing does not represent or warrant that any telephone number, email address or other contact information contained in the Data is suitable for telemarketing, solicitation, automated communications or any other particular use. The Client acknowledges that certain telephone numbers may belong to wireless devices, may be listed on state or federal do-not-call registries, may be reassigned, or may otherwise be restricted from certain forms of communication.
DoctorMailing does not provide legal advice regarding marketing compliance and does not guarantee that any contact information is permissible to use for marketing purposes. The Client assumes all responsibility for determining the legality of contacting any individual or business using the Data.
DoctorMailing Services are provided “as is” and we give no warranty or representation regarding the Service, including warranties that they will be timely, accurate, available, of a certain quality, free from bugs, defects, errors or viruses, or as to the specific results or outcome that may arise from your use of the Services. Without limiting the foregoing, we do not warrant that the DoctorMailing Services will meet your requirements or that they will be suitable for any particular purpose.
Although we implement security measures to help protect our systems, you acknowledge that use of the Service involves transmission of data over networks that are not owned, operated or controlled by us. DoctorMailing is not responsible for any data that is lost, corrupted, intercepted, modified or stored across such networks. You acknowledge and agree that, to the extent permitted by law, we cannot guarantee that transmissions of data will always be reliable or that our security measures (or those of our third party service providers) will always be incapable of being hacked or circumvented by unauthorized third parties.
The Client hereby releases and forever discharges DoctorMailing and its directors, officers, employees or agents from and against any claims against DoctorMailing in relation to the Data and the Service, and further the Client waives its right to sue in relation to any such claim, except to the extent such release or waiver is prohibited by applicable law. This section shall survive termination of these Terms.
API Monitoring
The Client acknowledges and agrees that DoctorMailing may monitor the Client’s access and use of the DoctorMailing API and the Client will not interfere with such monitoring or in any way attempt to conceal its activities hereunder.
Indemnity
The Client hereby covenants and agrees to indemnify, defend, keep indemnified, and save DoctorMailing harmless, together with its affiliates, directors, officers, employees and agents, from and against any and all liabilities, demands, losses, damages, judgments, settlements, penalties, fines, costs, claims, or liabilities whatsoever, including reasonable attorney fees, court costs, and other expenses or any proceeding imposed on DoctorMailing in any way arising out of or related to the Client’s breach of these Terms, the Client’s use of the Data or the Service, or any violation by the Client or any third party acting on the Client’s behalf of any applicable telemarketing, privacy, marketing, communications or data use laws or regulations, including without limitation any violation of these Terms by third parties authorized to collect, access or process the Data on the Client’s behalf.
Limitation of Liability
To the fullest extent permitted by applicable law, DoctorMailing shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive or regulatory damages arising from or related to the Data, the Service, or the Client’s use thereof, even if DoctorMailing has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, in no event shall DoctorMailing’s aggregate liability arising out of or related to these Terms, the Data or the Service exceed the amount actually paid by the Client to DoctorMailing for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
No Endorsement or Affiliation
DoctorMailing is not affiliated with, endorsed by, or sponsored by the National Plan and Provider Enumeration System (NPPES), the Centers for Medicare & Medicaid Services (CMS), or any other government agency. Any reference to publicly available government datasets is solely for the purpose of identifying the source of certain publicly available information.
Confidentiality
The Client may be provided with access to certain oral or written information deemed confidential by DoctorMailing. The Client agrees to deal with such information and all information regarding the affairs of the DoctorMailing business in strict confidence, and to not disclose or permit the disclosure of such information to any person, firm, or corporation throughout the term of this agreement and thereafter. Notwithstanding the foregoing, the parties agree that any disclosure to the Client’s advisors shall not be a breach of this provision, or if required by law.
Assignment
These Terms may not be assigned without the mutual written agreement of the parties.
Governing law
These Terms shall be interpreted and applied in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction to settle any and all disputes in relation to these Terms, except where applicable law prohibits such exclusive jurisdiction.
Modification of Terms
DoctorMailing reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of DoctorMailing) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting the revised Terms on the Site and revising the date below, or such other form of notice as determined by DoctorMailing. Any changes or modifications will be effective 7 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Service following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Service.
Last Modified: 3/6/2026
No Waiver
Any failure or delay on the part of DoctorMailing to exercise any rights or remedies shall not be deemed to be a waiver of such rights.
Contact Us
If you have any questions about these Terms, please contact DoctorMailing.