Thank you for using Contactly ("Contactly"). Contactly is a web platform (the "Site") and mobile application (the "App"),
collectively (our "Services") including any other applications that link to this agreement, that enables you to create, share, and
synchronize contacts. We also provide a set of services that will enhance your experience as users of Contactly.
These Terms of Service contain general terms that apply to you as a user of the Contactly, along with additional terms that may apply to you as a Directory Owner
These Terms of Service (the "Terms of Service" or "Agreement") govern your use of the Contactly and is a legal contract between you and Contactly.
By registering with us or using the Contactly, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the Contactly at any time.
We may stop, suspend, modify, or remove any content from our Services at any time without prior notice to you, and solely at our discretion.
Our Services are based in Nigeria and are not designed or customized for any other country; you may use them only if they comply with the laws of the country from which you are accessing our Services.
Please read this Agreement carefully before creating, accessing or using the Services. You understand and agree that this Agreement governs your relationship with us and has the same effect as
an agreement in writing.
We take robust security measures wherever possible (including physical, electronic and
procedural measures) to help safeguard your Personal Information from theft and
unauthorized access and disclosure. Only authorized employees and third parties who have
agreed to be bound by confidentiality restrictions are permitted to access Personal
Information, and they may only do so for permitted and relevant business purposes.
We use SSL encryption to transmit your sensitive Personal Information between your devices
and our systems, and we use firewalls to help prevent unauthorized persons from gaining
access to your Personal Information.
Your account is protected by a password, and or pins for your privacy and
security; passwords are either set manually by the user or provided by the third party service
that the user utilizes to create their Contactly account. You are responsible for safeguarding
the password that you use to access the Services, and you agree not to disclose your password
to any third party. You must prevent unauthorized access to your account, and information
contained within, by selecting and protecting your password or third party service used to
create your account appropriately and limiting access to your computer or device. You are
responsible for maintaining the security of your account and profile, and you are fully
responsible for all consequences and activities that occur under your account. If you lose a
device, such as a laptop, desktop, or Smartphone, or a device is stolen containing your
username and password, it is up to you to take all the steps necessary to protect yourself.
Contactly will not be liable for any loss or corruption of your information, or for any costs
or expenses associated with backing up or restoring any of your information. You are
responsible for any activity using your account, whether or not you authorized and or were
responsible for that activity. You must immediately notify us of any unauthorized uses of your
account or any other breaches of security.
You must be at least 13 years of age to make use of our service. Your use of our
service constitutes you representing and warranting that you are ate least 13 years of age and,
consequently, have the capacity, authority and right to enter, agree to and abide by our
Terms of Service.
Void Where Prohibited:
When you use our Service, you are responsible for ensuring that
your use abides by all laws, rules and regulations applicable to you. These Terms become void,
and your use of our Service becomes prohibited, when such use is in violation of laws, rules
and regulations applicable to you.
Your Registration Information Must Be Accurate:
All registration information you
provide when creating an account must be accurate and truthful and you are required to update
your information, when and where applicable, to ensure its continued accuracy and truthfulness.
Your Use of Our Service
Your Contactly ID:
Registration for our service is completely optional, however, you
will need to register with us and create a Contactly ID in order to make use of our Service.
We reserve the right to revoke your Contactly ID at anytime without providing advanced notice
and will supply you with a new Contactly ID if we do so.
If you are accessing our Services by a mobile device, your wireless carrier may
charge you fees for data, text messaging, and other wireless access or communications services.
We do not guarantee that our mobile Services can be accessed through all wireless devices or
service plans or are available in all geographical locations.
Use of Your Information:
Your use of our Services involves providing us with personal
information which you submit to Contactly (the “Information”). We require your permission to
utilize, host, transmit and disclose your information in order to perform tasks which
comprise our service. Some of these actions relate to product features that are visible to you,
such as sending a notification to a user’s contacts; some of these actions relate to the data
architecture we employ in order to administer our Services which are not visible to you.
You hereby give us the permissions we require to take these actions in order to provide our Services. This permission also extends to trusted third parties, such as those who provide our hosting infrastructure, whom we engage in order to provide our Services.
Sharing Your Information:
Our Services provide features that allow you to share your
Information with fellow users. There are many things that users may do with that Information
(for example, copy it or modify it). Please consider carefully what you choose to share and
whom you share it with. Contactly has no responsibility for either activity and the consequences
that arise of actions you take, such as sharing your information, on our platform.
Third Party Websites:
Our Service may contain links to Third Party Websites which are not
owned or controlled by Contactly. When you access a Third Party Website through our Service,
you do so at your own risk. Contactly has no control over, and assumes no responsibility for,
the content, accuracy, privacy policies, or practices of any Third Party Websites. By using our Service,
you expressly release and hold harmless Contactly from any and all liability arising from your use of
any Third Party Website and data contained within.
Responsibility of Contributors:
If you create a profile, create a directory, or otherwise
transmit information (e.g. sharing your profile, sharing your directory) on our Services
(any such material, “Content”), you understand and agree that you are entirely responsible for
such Content that is provided by you or through your account. This includes, for example,
any personal information, such as your home address, your phone number, or any information you
choose to make available about yourself on our Services. WE ARE NOT RESPONSIBLE FOR THE
CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
Responsibility of Profile/Directory Visitors:
You are solely responsible for your
conduct, the content of your profile, and your communications with others while using the Services.
We reserve the right to review your content and communications for compliance purposes, however,
you acknowledge that Contactly has no obligation to monitor any information, yours or others’,
placed on our Services. We are not responsible for the accuracy, completeness, appropriateness, or
legality of any information, yours or others’, or any other data that may be accessible during the
use of our service.
Code of Conduct
Contactly is here to help users organize their lives, and we are proud of the trust placed in us.
In exchange, we trust you to use our Services responsibly. Your use of our Service serves as
warrant and representation that you agree that you will not use our Service in a manner that:
1. Infringes or violates the intellectual property rights or proprietary rights, rights of
publicity or privacy, or other rights of any third party
2. Violates applicable laws and regulations and or involves participating in, or the facilitation of,
3. Contains explicit or graphic descriptions or accounts of sexual acts or is threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy,
4. Involves activity that is harmful to us or our customers, advertisers, affiliates,
vendors, or anyone else;
5. Impersonates any person or entity, including without limitation any employee or
representative of Contactly
6. Contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or
7. Uses any manual or automated software, devices, or other processes to “crawl,” “scrape,” or
“spider” any page of the Service
8. Attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the
9. Involves probing, scanning or testing our network for vulnerability
10. Makes attempt to breach or otherwise circumvent any security or authentication measures
11. Involves accessing or searching our Service by any means other than our publically supported interfaces
12. Involves sending unsolicited communications, promotions or advertisements, or spam
13. Involves sending altered, deceptive or false source-identifying information, including “spoofing” or “phishing”.
We can take any technical, legal, and other actions that we deem, in our sole discretion,
necessary and appropriate without notice to you to prevent violations and to enforce this
Agreement. Contactly reserves the right to change, suspend or discontinue our Service at any
time, including the availability of any feature, database, or Content, for any reason we deem
appropriate. Contactly also reserves the right to impose limits on certain features and services
or restrict your access to parts or our Service in its entirety without notice or liability.
Use License & Proprietary Rights
We, “Netaviva Limited.”, and our licensors, own and retain all proprietary
rights belonging to the Service (we own all the non-user and third-party generated content you
encounter on our Service). The Service may contain copyrighted material (which can include text,
graphics, slogans, tag lines and logos), trademarks, and other proprietary information which
belongs to us and our licensors ( “Content”). Except for Content found in the public domain or
for which permission has been granted, you may not copy, modify, publish, transmit, distribute,
display, or sell any of our Content. The Content and the Service are protected by copyright as
collective works and/or compilations, pursuant to Nigeria copyright laws, international
conventions, and other applicable copyright laws. Other trademarks, service marks, graphics and
logos used in connection with our Service may be the trademarks of other third parties.
Your use of our Services in no way grants you any right or license to reproduce or otherwise
use any of our trademarks, third-party trademarks, or any content developed by us or by third
parties, except for the normal use of such marks as part of your authorized use of the Site, the
Application, and/or our Services. All use of any such marks shall inure to the owner thereof.
Contactly has the sole authority and discretion to license our
Application to users like yourself. Our license is also governed by the terms of the Licensed
Application End User License Agreement found under "Terms of Service" in the Google Play Store for
Applications (the “Other Agreements”). These Terms amend and supplement the Other Agreements and to
the extent that these Terms contradict or are inconsistent with the Other Agreements, these
Terms control and prevail. Subject to these Terms and for the sole and limited purpose of
facilitating your use of the Service, we grant to you a limited, revocable, personal,
non-commercial, non- exclusive license to (i) access and use the Service (including the
Content contained therein), and (ii) install, access and use the Application on your
personal mobile device.
Contactly Property and Feedback:
These terms do not grant you any right, title, or
interest in the Services or the content in the Services. While we appreciate feedback,
please be aware that we may use any feedback, comments, or suggestions you send us or post in
our forums without any obligation to you.
Third Party and User Content:
You acknowledge and agree that if you contribute any
content to the Service (such as a tag for a contact or the information you populate in your
profile(s) (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, transferable,
sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, and
display such User Content (including all related intellectual property rights) solely as necessary
to provide the Service to you. You also grant us a non-exclusive, worldwide, royalty free,
perpetual, irrevocable, sublicenseable and transferable right to use, modify, reproduce,
distribute, prepare derivative works of, and display the information from your Third Party
Accounts that you link to Contactly. Contactly will only share your personally identifiable
Termination by the user:
You, the user, reserve the right to discontinue use of our
service and terminate your account on our Service at any time, for any reason.
To terminate your account, please send us an email at firstname.lastname@example.org with a termination
Termination by us:
We, at our sole discretion, may terminate your account on our
Service for any reason or no reason, which may result in the forfeiture and destruction of all
information associated with your account. We are not required to provide you with advanced
notice prior to terminating your account. We are not required to disclose a reason for the
termination of your account.
Disclaimers and Limitations.
Disclaimer of Warranties:
WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,”
AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE
USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS
GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, AND NON-INFRINGMENT.
YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY
OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
CONTACTLY, IT’S OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR WITH RESPECT TO
THE SERVICE, INCLUDING ALL CONTENT, THE WEBSITE AND THE APPLICATION, OR THE SUBJECT MATTER
OF THIS AGREEMENT, FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, COST OF PRODURMENT OF SUBSTITUTE GOODS OR SERVICE,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THE SITE, AND/OR OTHER SERVICES,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION MAY NOT APPLY TO YOU. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS,
THE APPLICATION, THE SITE, AND/OR OTHER SERVICES WILL NOT EXCEED ONE THOUSAND NAIRA (NGN1000).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN ALL SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless, Contactly,
its affiliates, and their respective officers, directors, employees, agents,
licensors, representatives, and third party providers, to and from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these Terms or of any applicable law by you, or
due to or arising out of (i) the data or content you submit, post, transmit, distribute,
publicize or otherwise make available through the Application and/or the Site, or (ii)
any of your actions when using the Application, the Site and/or other Services.
We reserve the right to assume, at our sole expense, the exclusive defense and control of
any matter subject to indemnification by you, in which event you will fully cooperate with us
in asserting any available defenses.
Jurisdiction and Choice of Law:
These Terms and the use of our Service and software
will be governed by Nigeria law. If there is any dispute arising out of the Service, by
using the Service you expressly agree that any such dispute shall be governed by the laws of
the State of Delaware, without regard to its conflict of law provisions, and you expressly agree
and consent to the exclusive jurisdiction and venue of the state and federal courts of Nigeria,
for the resolution of any such dispute.
We may revise these Terms from time to time. If a revision, in our
sole discretion, is material we will notify you (for example via email to the email address
associated with your account). By continuing to access or use the Services after revisions become
effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms,
you may at any time stop using the Services.