Terms of Use

ContactBase is the trading name of the company ContactBase Ltd which is registered in England and Wales. (“ContactBase”, “us”, or “we”) operates a website (“Website”) www.contactbase.net and provides a software service for managing and organising business contacts. More specifically, ContactBase provides a smart phone app for iOS users to improve the management of their address book through the creation of org charts and relationship maps (“Service”). This Agreement applies to End Users. As used herein, “End User” means an end user of a Website or Service. Certain features of the Services or Website may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional guidelines, terms and rules are incorporated by reference into this Agreement.

These Terms of Use (“Agreement”) sets forth the legally binding terms for your use of the Website and Services. By accessing or using the Site or Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may accept the Agreement, access or use the Website or Services or if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Website or Services. Your use of the Website or Services constitutes your acceptance of the terms and conditions of this Agreement as modified.

Terms and Conditions

1. Access to the Service

The Website and Services, together are owned and operated by ContactBase. Subject to the terms and conditions of this Agreement, ContactBase hereby grants you a non-exclusive license, with no right to sublicense, to copy or resell any element of its content.

In order to use certain features of the Website or Services you must register for an account with ContactBase (“Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify ContactBase of any unauthorised use, or suspected unauthorised use of your account.

ContactBase may change, suspend or discontinue the Services at any time, including the availability of any feature or database. ContactBase may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. ContactBase reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Website and Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

2. Your Content

As used in this Agreement, your “Content” means both the End User Contact Data you upload to the service and the Company Charts you create with use of the Services. You are solely responsible for your Content. You hereby represent and warrant that you provide your Content to use and disclose in accordance with our Privacy Policy.

ContactBase is not obligated to back-up your Content. Your Content may be deleted at any time. You hereby warrant that you have the right to grant ContactBase an irrevocable, perpetual, royalty-free and nonexclusive license to “process” your Content, solely to the extent necessary to perform the Services in accordance with the ContactBase Privacy Policy.

If you violate this Agreement or otherwise create liability for us or any other person, we reserve the right to review your Content, investigate, and/or take appropriate action against you in our sole discretion. This may include removing or modifying your Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

You acknowledge and agree that ContactBase may use your Content internally for improving the Services, ContactBase will only use and process your personal information in accordance with its Privacy Policy located at https://www.contactbase.net/privacy-policy. Your acceptance of this Agreement constitutes your acceptance and agreement of our Privacy Policy.

3. Ownership

“Intellectual Property Rights” means all present and future copyrights, trademarks, patents, patent applications, trade secrets, mask work rights, moral rights, contract rights, and other proprietary rights recognised by the laws of any country the app can be used in.

You acknowledge that the Website and Services (and all Intellectual Property Rights therein) are owned by ContactBase. ContactBase does not license to End Users any rights to any ContactBase trademark, trade name, or logo. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to any or all Intellectual Property Rights therein. If you provide ContactBase any feedback regarding the Website or Services (“Feedback”), you hereby assign to ContactBase all rights in the Feedback and agree that ContactBase shall have the right to use such Feedback in any manner it deems appropriate.

4. Data Protection

Your Content may consist of Personal Data. To the extent that ContactBase receives Content from you, ContactBase shall act as a Processor and you shall act as the Controller.

ContactBase’s processing activities are limited to those of a service provider and involve activities necessary to provide the Services. We will only process Personal Data in accordance with these Terms of Use and our Privacy Policy.

At your cost and expense, ContactBase will provide you with reasonable assistance in relation to your rights as a Controller and the rights of the Data Subjects. You acknowledge that you are responsible for Data Subject Requests and if we receive any such request, we will redirect it to you within 30 Working Days of receipt.

In the event, we receive a Data Subject Requests for Personal Data to be deleted, ContactBase will remove, erase, delete or destroy such Personal Data within 30 Working Days. If you have any questions relating to data protection you can address them to info@contactbase.net with the subject matter ‘Data Protection’ so that we can allocate and deal with your email accordingly.

5. Indemnity

You agree to indemnify and hold ContactBase (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website or Services, (b) your Content, (c) your violation of this Agreement, and (d) your violation of applicable laws or regulations (including any privacy laws). ContactBase reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of ContactBase. ContactBase will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.

6. Warranty

If you provide any Personal Data to ContactBase, including Personal Data relating to your end users, you represent and warrant that (i) you will comply with all applicable laws relating to the collection, use and disclosure of Personal Data, (ii) you have obtained all permissions and consents where necessary to permit ContactBase to process the Personal Data for the provision of the Services and as set out in these Terms.

You also warrant, represent and agree that you will not create any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, (ii) violates any law, statute, ordinance or regulation, (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable, (iv) impersonates any person or entity, including without limitation any employee or representative of ContactBase, (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. ContactBase reserves the right to remove Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if ContactBase is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

7. Limitation of Liability

In no event shall either party be liable to the other party or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or the use of, or inability to use, any products, data or services provided hereunder, even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ContactBase’s liability to client for any damages arising from or related to this agreement, for any cause whatsoever and regardless of the form of the action, will at all times be limited to any amount the client has paid to ContactBase in the 12 months prior to the date the claim for damages arose. The existence of more than one claim will not enlarge this limit.

You acknowledge that all ContactBase Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will ContactBase be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports generated by the Services, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

You, not ContactBase, remain solely responsible for all Content, including messages, that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You acknowledge and agree that your indemnity obligation in Section 5 also applies to any third-party claims relating to your disclosure of any third party personally identifiable information or the tracking of visitors (including without limitation your end user customers) on your website.

8. Restrictions

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.

You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

9. Communications

As a condition of these Terms, if You use any communication tools available through the Websites (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Websites, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When You make any communication on the Websites, You represent that You are permitted to make such communication. ContactBase is under no obligation to ensure that the communications on the Websites are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Websites. However, ContactBase does reserve the right to remove any communication at any time in its sole discretion.

10. Trademarks

ContactBase registered trademarks in the U.K. and/or other countries may not be used in connection with any product or service that is likely to cause confusion.

11. Other Terms

You agree that ContactBase may send you notices via e-mail, regular mail, or alerts within the Services. If it is decided in a court of law that one or several of the Terms (or any part of a Term) are in violation of the law, those terms will be changed or deleted as appropriate, but the others will remain as unmodified Terms. You agree to use all reasonable endeavours to resolve any dispute in relation to the Services, including speaking to us and trying to resolve the matter, our contact details are on the ContactBase website, before issuing any legal proceedings. This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.