Terms of service

Welcome to contakti.com!

By using this site you are accepting the terms and conditions provided. Please read our terms carefully, as well as our Privacy Policy (published at http://www.contakti.com/privacy.html) before using the site. By accessing or using the Service or Websites, or authorizing or permitting any Agent or End-User to access or use the Service or Websites, You agree to be bound by these Terms.

If You are entering into these Terms on behalf of a company, organization or another legal entity, You are agreeing to these Terms for that Entity and representing to Contakti that You have the authority to bind such Entity and its Affiliates to these Terms. If you wish not to accept the terms and conditions please refrain from using this site.

1. USE OF THE SERVICE

1.1 No Reselling, Time-Sharing, or Sub-Licensing.

You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

1.2 Responsibility for Use

You assume all responsibility for the use of the Services, including but not limited to content and media that is created, uploaded to, downloaded from, transmitted and edited using the Service. You are responsible for any accesses made to the Service.

1.3 Your Responsibilities.

You are responsible for maintaining the security of your username and password. Contakti cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You may not use the Service for any illegal or unauthorized purpose. You may not use the Service for any illegal or unauthorized purpose.

1.4 Protection of Your Data.

Your transmitted data is kept safe using the highest encryption standards available, including 256-bit SSL encryption.

1.5 Backups.

Contakti takes regular backups of Your Data.

1.6 Third-Party Service Providers.

If you choose to integrate Contakti with 3rd party applications, remember that their use of your information will be governed by their privacy policies and terms.

1.7 Voice Functionality.

You understand and agree that the Service is not intended to support or carry emergency calls to any emergency services such as public safety answering points. Use of Contakti Voice is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Site applicable to the Contakti Service.

2. PAYMENT AND REFUNDS

2.1 Payment of Fees.

The Service is charged at the start of Your elected subscription term. All charges associated with Your access to and use of the Service. You shall pay all fees for Purchased Services as specified in the billing section of the Contakti.com Services, or Order Form, if applicable.

2.2 Upgrading or Downgrading Switching Solution.

If You upgrade or downgrade Your Service Plan, Your credit card or other designated payment method will be charged Your new billing rate upon your election to upgrade or downgrade.

2.3 Price Changes.

Contakti reserves the right to change prices at any time.

2.4 Right to Refuse Access.

Contakti reserves the right to refuse anyone access to the Services for any or no reason.

2.5 Refunds.

Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if You close Your account before the end of Your subscription period.

3. CANCELLATION AND TERMINATION

3.1 Your Responsibilities.

You are responsible for properly canceling Your account. The account owner can cancel the account at any time by an email sent to [email protected] with a request to cancel account.

3.2 Your Data.

Contakti strongly recommends You to export all Your Data before any termination or cancellation of Your Account. Following the termination or cancellation of Your subscription to the Service and/or Your Account, We reserve the right to delete all Your Data in the normal course of operation any time after the expiry of 14 days after the cancellation or termination of Your Account. Your Data cannot be recovered once it is deleted.

3.3 Refunds.

No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term.

4. Reference Customer

4.1 Rights to reference.

Contakti shall have the rights to reference any Customer to commersional use, as long as Customer use the Contakti Service.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND QUALITY UNIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT QUALITY UNIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM QUALITY UNIT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONTAKTI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OR CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE, EVEN IF CONTAKTI HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CONTAKTI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT EQUAL TO TWELVE MONTHS OF THE SUBSCRIPTION FEE FOR THE SERVICE PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

ASSIGNMENT

Contakti may assign or transfer this TERMS OF SERVICE, in whole or in part, without restriction.

GOVERNING LAW

These Terms and Conditions shall be governed by Finnish law, and you consent to the exclusive jurisdiction of the Finnish courts in respect of these Terms and Conditions and any dispute relating to them. The Finnish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.