ContaX LLC (“ContaX”, “Company”, we”, “our”, or “us”) operates and provides the ContaX Services.
These Terms of Service (these “Terms”) are effective on the date You agree to purchase or create an account with such Service (the “Effective Date”), and remain in effect until terminated. Along with these Terms, please read our Privacy Policy, which is hereby incorporated and made part of these Terms. These Terms may be reviewed at any time at contaxapp.io/terms. By visiting the Site, creating an account with the Service, downloading, installing, or using the Service, You agree and consent to these Terms.
PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHICH CONTAIN, AMONG OTHER PROVISIONS, DISPUTE RESOLUTION PROVISIONS, A WAIVER OF CLASS-ACTION RIGHTS AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES, DOWNLOAD, INSTALL, CREATE AN ACCOUNT WITH, ACCESS, OR USE THE SERVICE.
You agree that we may use Your Personal Data to provide Services based on our Privacy Policy, and 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 any applicable jurisdiction. We have the right to suspend or terminate Your account and refuse any and all current or future use of the Services at any time.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Terms of Service:
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The Company gives You a personal, worldwide, royalty-free, non-assignable, revocable, non-sublicensable and non-exclusive license to use the software provided to You as part of the Service. This license has the sole purpose of enabling You to use and have the benefits of the Service, so long as You are in compliance with these Terms.
The Service are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in these Terms gives you a right to use the ContaX name or any of the Company’s trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Service (excluding Content provided by Users) are and will remain the exclusive property of the Company and its licensors. Any feedback, comments, or suggestions You may provide regarding the Company, or the Service is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.
You may not (a) decompile, disassemble, or reverse engineer the Service or any portion thereof; (b) attempt to gain unauthorized access to the Service, any portion thereof, including Content accessible via the Service, or any other system or platform through the Service; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other Personal Data, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Service or any Content on the Service; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Service to its source. You agree that you will not use the Service in any manner that could damage, disable, overburden or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
You will not use the Service to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your Account, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours or You have the right to use it and grant Us the rights and license as provided in these Terms, (ii) You have obtained all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted in these Terms for any Content that you submit, post or display on or through the Service, and (iii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally obligated to post such Content and to grant the Company the license described in these Terms.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. We have no liability to You for limiting Your right to certain features of the Services. We accept no liability in respect of any content submitted by users and published by Us or by authorized third parties.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make deleting, formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Services at Your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content.
ContaX does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our Copyright Agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
If You believe that any content on the Site violates these Terms or your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the designated agent listed below. You can contact our Copyright Agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Services and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Services are protected by copyright, trademark, and other laws of both the United States and other countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
If you downloaded the App from the Apple® App Store™, (i) You and ContaX acknowledge that this agreement is between You, as the end user, and ContaX, not Apple, Inc. (“Apple”), is solely responsible for the App and the content therein as between Apple and ContaX; (ii) You acknowledge that the license granted under Section 2 above only permits Your use of the App on any Apple-branded products owned or controlled by You and as permitted by the Usage Rules set forth in the Apple Media Service Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing; (iii) You acknowledge that Apple has no obligation to furnish any maintenance or support for the App, and You and ContaX acknowledge that ContaX, not Apple, is solely responsible for providing any maintenance and support with respect to the App, as specified by this agreement, or as required by applicable law; (iv) ContaX, not Apple, is solely responsible for any product warranties, and in the event of any failure of the App to conform to any applicable warranty, the end user may notify Apple, and Apple will refund the purchase price for the App to that end user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ContaX’s sole responsibility; (v) You and ContaX acknowledge that ContaX, not Apple, is responsible for addressing any claims of the end user or any third party relating to the App or the end user’s possession and/or use of the App, including, but not limited to product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation, (vi) You and ContaX acknowledge that in the event of any third party claim that the App or the end user’s possession and use of that App infringes that third party’s intellectual property rights, ContaX, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) You represent and warrant that (A) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) You are not listed on any U.S. Government list of prohibited or restricted parties; and (viii) You and ContaX acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the Terms of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against the end user as a third party beneficiary thereof.
If you downloaded the App from the marketplace known as Google Play® operated by Google Inc. (“Google”), if there is a conflict between the Google Play Developer Distribution Agreement (the “Google Play Agreement”) and these Terms, the Google Play Agreement will control.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
You also may terminate these Terms at any time and for any reason by deleting your account.
TO THE FULL EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL WE OR OUR PARENTS OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES CONTAINED THEREIN ON THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of actual damages in dispute, not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) USD $100.
You agree to indemnify, defend, and hold harmless ContaX and its officers, directors, employees, agents, Affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to (a) Content You submit, post, transmit or otherwise seek to make available through the Services; (b) Your use or misuse of the Services; (c) Your connection to the Services; (d) Your use of the Your Account other than as permitted under these Terms; (e) Your violation of the Terms; or (f) Your violation of any rights of another person or entity.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Service, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of North Carolina, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. If any provision for these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect Disputes Resolution, Binding Arbitration and Class Action Waiver
Any controversy or claim between You and ContaX arising out of or relating to: (a) these Terms, or the breach thereof, or (b) Your access to or use of the Service, or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to be held in, Guilford County, North Carolina, USA. Customer hereby consent to the exclusive jurisdiction of the state and federal courts located in Guilford County, North Carolina, USA to enforce these Terms for Dispute Resolution, Binding Arbitration, and Class Action Waiver. However, judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. Arbitrations shall be held in Guilford County, North Carolina but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act and by the internal laws of the State of North Carolina, without regard to conflicts of laws principles. The prevailing party shall be entitled to an award of reasonable attorneys’ fees. In arbitration, the parties give up their right to have their Claim decided by a judge or jury, and their Claim is instead decided by an arbitrator. Discovery rights and appellate rights in arbitration are more limited than in court. The arbitrator shall issue a reasoned award in writing, including all findings of fact and law upon which the award was made. YOU AND CONTAX AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. UNLESS BOTH CUSTOMER AND COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SECTION, AND IF THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT OF COMPETENT JURISDICTION, THEN SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR. NOTWITHSTANDING THE FOREGOING, IF ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN GUILFORD COUNTY, NORTH CAROLINA, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS. Notwithstanding the above, nothing in these Terms shall be deemed as preventing a party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of the dispute as necessary to protect that party’s name, proprietary information, trade secrets, know-how, or any other intellectual property or proprietary rights. ContaX’s suppliers and licensors are third party beneficiaries with respect to this Section regarding the Dispute Resolution, Binding Arbitration, and Class Action Waiver.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
Your affirmative act of registering for an Account constitutes Your electronic signature to these Terms and Your consent to enter into agreements with Us electronically.
You also agree that We may send You notices or other communications in electronic form (e.g., emails, banners, etc.). We may send You electronic notices or other communications to the email address(es) that You provide to Us, or by posting any notices or other communications on the Services. The delivery of any notices or other communications from Us is effective when sent by Us, regardless of whether You read such notice or other communication when You receive it or whether You actually receive the delivery.
No waiver of any provision or any breach of these Terms will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms is determined to be illegal or unenforceable, the balance of the Terms shall continue to be fully valid, binding, and enforceable. These Terms set forth the entire agreement between You and Us with respect to use of the Services and supersede any prior agreements between You and Us relating to such subject matter. These Terms are not assignable, transferable, or sublicensable by You except with our prior written consent. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
If you still have any questions or concerns, please contact us at [email protected].