Terms of Service

Terms of Service Last Revised: May 31, 2018

These Terms of Service govern your use of the Contactually service (the Service) and you agree to these terms when you first create a user account with us.

Description of Services.

Contactually uses a variety of automated and machine-learning methods to analyze information you authorized the Service to access (Content) in your mobile device, email accounts, and in other online, cloud or mobile services (Authorized Sources). Thismeans that we will have access to, and will analyze, among other things, your full emails and other materials for purposes of helping identify additional contacts and optimizing your communications with those contacts. All analysis will be conducted consistent with our Privacy Policy, which you should review carefully. Further, until you instruct the Service otherwise, the Service will continuously update your Content from the Authorized Sources. We will process your Content and post the information in your designated customer relationship management (CRM) application.

Your Responsibility for Authorized Sources and Your CRM.

You are responsible for obtaining and maintaining access to the Authorized Sources and your CRM. This means that you must ensure that your agreements with Authorized Sources and your CRM are up-to-date, maintain and update any authentication credentials or security patches, and pay any and all fees imposed by each Authorized Source (including Internet service provider or airtime charges, as well as any fees imposed by your carrier for data usage). In addition, you must provide and are responsible for maintaining and updating all equipment necessary to access the Service.

License and Service Access.

Contactually grants you a limited license to access and use the Service. This license does not permit you to, and you agree that you will not: (i) upload to or transmit through the Service any information that you do not have a right to make available (such as the intellectual property of another party or information that you are not legally permitted to use); (ii) upload to or transmit through the Service any material that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) take any action that imposes or may impose (in Contactually's sole discretion) an unreasonable or disproportionately large load on Contactually's infrastructure; (iv) enter information or download information from the Service through any means other than direct user interaction with the Service; or (v) make any use of data mining, robots, or similar data gathering and extraction tools to submit Content to the Service. Contactually, in its sole discretion, may revoke all permissions and licenses to your use of the Service, at any time.

Your Representations and Warranties.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted if you use the Service's registration form (the Registration Data). If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Contactually has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Contactually has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you use the Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to the Authorized Sources, your computer(s) or mobile device(s), and your CRM. You acknowledge that you have responsibility for all activities that occur under your account or password. You agree to notify Contactually immediately of any unauthorized use of your account, Authorized Sources or any other breach of security, by emailing support@contactually.com.

You agree that your use of the Service, Content, Authorized Sources and CRM will comply with all applicable state, local, federal and international laws including, for instance, privacy laws and anti-spam laws in the United States, Canada and elsewhere.

Terms Specifically Applicable to Content.

The following terms apply specifically to Content:

License to Content:

With respect to your Content, including, but not limited to, data, text, messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, your and/or other persons' names, likenesses, voices, screen names, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, you grant Contactually a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such Content and/or incorporate such content into any form, medium or technology throughout the world, for purposes related to the Service and for Contactually's internal purposes, without the requirement of any permission from or compensation to you.

None of the Content that you submit to the Service shall be subject to any obligation of confidence on the part of Contactually, its agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers, and employees. Contactually shall not be liable for any use or disclosure of any Content. Without limiting the foregoing, you hereby grant Contactually, without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, and sub-licensable worldwide license to use, re-use, reproduce, print, transmit, publish, exhibit, display, distribute, re-distribute, copy, host, cache, archive, store, index, categorize, stream, comment on, edit, alter, modify, adapt, translate, create derivative works based upon such Content, in whole or in part, but at all times consistent with our Privacy Policy, all without further notice to you and with or without attribution.

Representations Regarding Content.

You agree that you are solely responsible for the Content you provide and for any use you make of such Content after it has been processed by Contactually. You expressly agree that Contactually has no obligation to review any Content you submit. Contactually repudiates any and all legal liability for opinions or other information included in any Content. Nevertheless, we reserve the right to reject any Content that is related to any of the following:

1. Illegal or fraudulent activity or any harm to others

  • Content that is related to engaging in, promoting, or advocating any illegal activity or fraudulent schemes of any kind - including, but not limited to, money laundering, tax evasion, securities fraud, and pyramid or multi-level marketing schemes.
  • Content that you know is false, inaccurate, libelous, or otherwise misleading in any way.
  • Content you do not have the right to use or transmit under law (such as copyright, trade secret or securities) or due to your personal contractual or fiduciary relationships.
  • Content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

2. Profane, obscene, inappropriate, disruptive, and unrelated Content

  • Content that is related to profanity, threats, personal attacks, abusive, defamatory, derogatory, or inflammatory language, or stalking or harassment of any individual, entity or organization.
  • Content that is related to discriminatory or hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation, or disability.
  • Content that impersonates others or provides any kind of false information.

3. Copyright and intellectual property violations

  • Content that is related to infringement of any party's copyright, patent, trademark, trade secret, intellectual property or other proprietary rights, or right of publicity or privacy.
  • By providing the Service access to your Content, you warrant and represent that you are the copyright owner of the content or that the copyright owner of the content has granted you permission to use such content consistent with the manner and purpose of your use.

4. Content Related to Children

You expressly agree not to include in the Content any personally identifiable information about children under the age of 13. We reserve the right to reject and not process any personally identifiable information about children under the age of 13.

Acknowledgment of Where Content May Be Processed.

As part of the Service, the Content may be processed in a country other than the one in which you (or any data subject associated with such Content) reside. For example, if you are in Canada, your Content may be processed in the United States of America. You hereby grant consent for such processing and you represent and warrant that you are authorized to grant such consent on the part of any data subject associated with such Content.

Disclaimer of Warranty.

EXCEPT AS OTHERWISE SPECIFIED IN A SEPARATE AGREEMENT BETWEEN YOU AND CONTACTUALLY, CONTACTUALLY MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS, CONTENT OR SERVICES PROVIDED. AS BETWEEN YOU AND CONTACTUALLY, ALL PRODUCTS, CONTENT AND SERVICES ARE PROVIDED TO YOU AS IS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANTI-VIRUS, SECURITY OR ACCURACY.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL CONTACTUALLY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER INFORMATION OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER INFORMATION.

Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTACTUALLY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SERVICE OR ANY RELATED SERVICES.

Indemnity.

You agree to indemnify and hold Contactually (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this Terms of Service, your violation of any law or the rights of a third party (including any data protection or anti-spam rights) or any claim or liability associated with your use of any Content we have processed as part of the Services.

Electronic Communication.

When you use the Service or send emails to Contactually, you are communicating with Contactually electronically. You consent to receive communications from Contactually electronically. Contactually will communicate with you by email and by text message, when you have provide consent to receive such texts. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Links.

The Service may provide links to other World Wide Web sites or online resources. Because Contactually has no control over such sites and resources, you acknowledge and agree that Contactually is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Contactually shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Access To Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Service is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.

Modification of Service, Terms of Service and Privacy Policy.

Contactually reserves the right to make changes to the Service, related policies and agreements, this Terms of Service and the Privacy Policy, at any time. When the changes are material, we will notify you by sending you an email with a link to the updated document. Using the Service following notification of the changes to the applicable document signifies your acceptance of those changes.

Termination of the Service.

If at any time, you wish to terminate your access to the Service, you may do so at any time by sending an email with the subject line Termination to the following email address: support@contactually.com.

Trademarks.

Contactually, and other Contactually service names are trademarks, registered trademarks or trade dress of Contactually or its affiliates in the U.S. and/or other countries. Contactually's trademarks and trade dress may not be used in connection with any product or service other than those products or services offered by Contactually, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Contactually.

Procedure for Claims of Intellectual Property Infringement.

Contactually respects the intellectual property of others, and we ask our Users to do the same. Contactually may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Contactually's Copyright Agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Contactually's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

Contactually Solutions

Attn: Zvi Band

1801 18th Street NW, Suite 9

Washington, DC 20009

By phone:

202 683 7803

Contactually may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this Terms of Service.

Survival of Terms After Agreement Ends.

Notwithstanding any other provisions of this Terms of Service, or any general legal principles to the contrary, any provision of this Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Service.

General.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms of Service and the relationship between you and Contactually will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Contactually agree to submit to the personal jurisdiction of the federal and state courts located in the State of Delaware with respect to any legal proceedings that may arise in connection with this Terms of Service. The failure of Contactually to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Contactually does not guarantee it will take action against all breaches of this Terms of Service. Except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this Terms of Service. This Terms of Service constitutes the entire agreement between you and Contactually and governs your use of the Service, superseding any prior agreements between you and Contactually with respect to the Service.

Security.

To secure information, Contactually follows ISO 27001 and uses NIST frameworks via Amazon Web Service (AWS) cloud computing compliance Contactually uses AWS for data storage, which is SSAE 16-compliant. When developing and maintaining the Contactually services, Contactually uses partners like Heroku, AWS, Elastic.co, all of which also use the AWS infrastructure. All of these providers use security best practices to ensure we have a Secure System Development Life Cycle process.

Contactually transmits all data over industry-best-practice, secured TLS connections. We leverage AWS's scale for DDOS mitigation and monitor for intrusions and other security vulnerabilities with CloudWatch, CloudTrail and database errors via NewRelic. Contactually uses state-of-the-art encryption, SSL and HTTPS for all transmission of data to end-user services. No data is sent to third parties via our API or otherwise in unencrypted forms.

Contactually is PCI compliant and uses Zuora for all billing-related processes. Credit card numbers are captured within the Contactually product, but are never sent to, or stored on, Contactually's servers. Contactually sends credit card information directly to Zuora's servers.

At any time, Contactually may replace any of these named services in this document with functionally-equivalent services.

European Data Processing Addendum

This European Data Processing Addendum ("Addendum") forms part of the Terms of Service (the "Agreement") between Contactually, Inc. ("Contactually") and reflects the parties' agreement with regard to the processing of Personal Data in accordance with the requirements of the applicable Data Protection Legislation. This Addendum will be effective and will replace any previously applicable data processing and security terms relating to processing of Personal Data under the Agreement as of the Addendum Effective Date.

The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. Except as modified below, the terms of the Agreement shall remain in full force and effect.

In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement. Except where the context requires otherwise, references in this Addendum to the Agreement are to the Agreement as amended by, and including, this Addendum.

This Addendum is dated the later of (i) the service activation date, or (ii) 25 May 2018 ("Addendum Effective Date").

I. DEFINITIONS AND INTERPRETATION

  1. The following terms shall have the following meanings:
    1. "Data Protection Legislation" means all laws and regulations, including laws and regulations of the European Union, the European Economic Area, their member states and the United Kingdom which are applicable to the processing of Personal Data under this Agreement including but not limited to the EU General Data Protection Regulation (2016/679);
    2. "Data Controller", "Data Processor", "Data Subject", "Personal Data" and "Subprocessor" each have the meanings given to them in the Data Protection Legislation;
    3. "Processing" has the meaning set out in the Data Protection Legislation and "process" and "processed" shall be construed accordingly;
    4. "Services" means those services and other activities to be provided to or carried out by on behalf of Contactually for Customer by Contactually pursuant to the Agreement.
  2. For the purpose of this Addendum, references to clauses shall be deemed to be references to the terms of this Addendum, unless otherwise stated or if the context otherwise requires.
  3. Applicability. This Addendum shall apply only to the extent Customer is established within the European Union, European Economic Area or the United Kingdom or Switzerland and/or Contactually processes Personal Data of Data Subjects located in the European Union, European Economic Area or the United Kingdom or Switzerland on behalf of Customer.

II. DATA PROTECTION

  1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 2.1 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
  2. The parties acknowledge that for the purposes of the Data Protection Legislation, Contactually is the Data Processor, and Customer is the Data Controller.
  3. The Customer agrees that Contactually, its affiliates and agents, may process Personal Data on behalf of Customer to perform its obligations for the term of this Agreement. The type of Personal Data and categories of Data Subjects are described below.

2.3.1 Nature and Purpose of Processing

Contactually will process Personal Data as necessary to perform the Services pursuant to the Agreement and as further instructed by Customer in its use of the Services.

2.3.2 Duration of Processing

Subject to clause 2.4.6 of the Addendum, Contactually will process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing.

2.3.3 Categories of Data Subjects

Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:

  • Prospects, customers, business partners and vendors of Customer (who are natural persons)
  • Employees or contact persons of Customer's prospects, customers, business partners and vendors
  • Employees, agents, advisors, freelancers of Customer (who are natural persons)
  • Friends, family and relatives
  • Customer's Users authorized by Customer to use the Services

2.3.4 Type of Personal Data

Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:

  • name
  • employer
  • birthdate
  • business role
  • professional title
  • contact information (company, industry, email address, telephone number, and physical business address, website)
  • localization data
  • device identification data
  • social media profiles
  1. Without prejudice to the generality of clause 2.1, Contactually shall, in relation to any Personal Data processed in connection with the performance by Contactually of its obligations under this Agreement:
    1. process that Personal Data only on the written instructions of Customer unless Contactually is required by the laws of any member state of the European Union or by the laws of the European Union applicable to Contactually to process Personal Data ("Applicable Laws"). Where Contactually is relying on laws of a member state of the European Union or European Union law as the basis for processing Personal Data, Contactually shall notify Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Contactually from so notifying Customer;
    2. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data ("Personal Data Breach"), appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
    3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
    4. assist Customer in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators provided that Contactually may charge Customer on a time and materials basis in the event that Contactually considers, in its reasonable discretion, that such assistance is onerous, complex, frequent, or time consuming;
    5. notify Customer without delay on becoming aware of a Personal Data Breach and shall provide further information about the Personal Data Breach to Contactually in phases as such information becomes available;
    6. at the written direction of Customer, delete or return Personal Data and copies thereof to Customer on termination of the Agreement unless required by Applicable Law to store the Personal Data;
    7. maintain records and information to demonstrate its compliance with this clause 2.4 and, at Customer's expense and subject to clause 2.5, shall permit Customer, or its appointed third-party auditors (collectively, "Auditor"), to audit the architecture, systems and procedures relevant to Contactually's compliance with this Addendum and shall make available to the Auditor all information, systems and staff necessary for the Auditor to conduct such audit. To the extent any such audit incurs in excess of 20 hours of Contactually personnel time, Contactually may charge Customer on a time and materials basis for any such excess hours; and
    8. inform Customer immediately if it considers in its opinion that any of Customer's instructions infringe Data Protection Laws.
  2. Before the commencement of an audit described in clause 2.4, Contactually and Customer will mutually agree upon the reasonable scope, start date, duration of and security and confidentiality controls applicable to the audit. Customer agrees that:
    1. audits will be conducted during Contactually's normal business hours;
    2. it will not exercise its on-site audit rights more than once in any twelve (12) calendar months period, unless it has reasonable concerns as to Contactually's compliance with this Addendum or where it is required or requested to carry out an audit under Data Protection Legislation, or by a Supervisory Authority or any similar regulatory authority responsible for the enforcement of Data Protection Legislation in any country or territory;
    3. it will be responsible for any fees charged by any third party auditor appointed by Customer to execute any such audit;
    4. Contactually may object to any third-party auditor appointed by Customer to conduct an audit if the auditor is, in Contactually's opinion, not suitably qualified or independent, a competitor of Contactually or otherwise manifestly unsuitable. Any such objection by Contactually will require Customer to appoint another auditor or conduct the audit itself;
    5. nothing in this clause 2.5 will require Contactually either to disclose to the Auditor, or to allow the Auditor access to (a) any data processed by Contactually on behalf of any other organization, (b) any Contactually internal accounting or financial information, (c) any trade secret of Contactually, (d) any information that, in Contactually's opinion, could (i) compromise the security of any Contactually systems or premises, or (ii) cause Contactually to breach its obligations to Customer or any third party, or (e) any information that Customer seeks to access for any reason other than the good faith fulfilment of Customer's obligations under the Applicable Data Protection Law; and
    6. shall provide Contactually with copies of any audit reports completed by Customer's independent third-party auditors, which reports shall be subject to the confidentiality provisions of this Agreement.
  3. The Customer consents to the use of third-party processors by Contactually to process Personal Data on behalf of Customer in the performance of its obligations under this Agreement, and to provide certain services on behalf of Contactually, such as support services. Contactually confirms that it has entered or (as the case may be) will enter with the third-party processors into written agreements incorporating terms which are substantially similar to, and no less onerous than, those set out in this Addendum. Contactually shall inform Customer of any intended changes concerning the appointment or replacement of further third-party processors. The Customer may object to any new third-party processor by terminating the applicable subscription with respect only to those services which cannot be provided by Contactually without the use of the objected-to new third-party processor. Such termination will be made by providing written notice to Contactually, on the condition that Customer provides such notice within 14 days of being informed of the engagement of the new third-party processor as described in this clause 2.6. This termination right is Customer's sole and exclusive remedy if Customer objects to any new third-party processor. As between Customer and Contactually, Contactually shall remain liable for the performance of obligations by any third-party processors appointed by it pursuant to this clause 2.6.
  4. The Customer acknowledges and agrees that Personal Data will be processed by Contactually outside of the European Union, European Economic Area or the United Kingdom or Switzerland including in the United States of America. Where Personal Data is transferred from the European Union, European Economic Area or the United Kingdom or Switzerland to a jurisdiction outside of the European Union, European Economic Area or the United Kingdom or Switzerland, Contactually will execute appropriate safeguards in relation to the transfer (unless appropriate safeguards have already been provided by Customer).

III. General Terms

    Termination

  1. Subject to clause 3.2, the parties agree that this Addendum shall terminate automatically upon termination of the Agreement.
  2. Any obligation imposed on Contactually under this Addendum in relation to the processing of Personal Data shall survive any termination or expiration of this Addendum.
  3. Governing law of this Addendum

  4. This Addendum shall be governed by the governing law of the Agreement.
  5. Choice of jurisdiction

  6. The parties to this Addendum hereby submit to the choice of jurisdiction stipulated in the Agreement with respect to any disputes or claims howsoever arising under this Addendum.
  7. Order of precedence

  8. Nothing in this Addendum reduces Contactually's obligations under the Agreement in relation to the protection of Personal Data or permits Contactually to process (or permit the processing of) Personal Data in a manner which is prohibited by the Agreement. In the event of any inconsistency between this Addendum and any other agreements between the parties, including but not limited to the Agreement, the Addendum shall prevail.
  9. Severance

  10. Should any provision of this Addendum be invalid or unenforceable, then the remainder of this Addendum shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties' intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.