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.
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.
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.
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 firstname.lastname@example.org.
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.
The following terms apply specifically 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.
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
2. Profane, obscene, inappropriate, disruptive, and unrelated Content
3. Copyright and intellectual property violations
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.
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.
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.
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.
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.
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.
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 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.
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: email@example.com.
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.
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:
Contactually's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: Zvi Band
1801 18th Street NW, Suite 9
Washington, DC 20009
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.
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.
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.
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.
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").
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.
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.