By installing the Contacts411 Application and using the Contacts411 Service (as defined below), you agree to be bound by these Terms of Service (“Terms of Service”). Please review them carefully before installation and/or acceptance. The Contacts411 Application and Service (“Contacts411”, “we” or “us”), is operated by the corporation Infinite Knot, Inc. d/b/a Contacts411, and references to “Contacts411” likewise include Infinite Knot, Inc. “You” means the person using the Application or Service, or anyone reviewing these Terms of Service. You must be eighteen (18) years of age to use the Contacts411 Service. If you are not eighteen (18) years of age, do not submit data to us.
IMPORTANT: YOU MAY ONLY USE THE DATA WE PROVIDE FOR YOUR OWN PERSONAL USE, AND MAY NOT SELL, LEASE, LICENSE OR SHARE THE DATA FOR ANY COMMERCIAL PURPOSE. FOR A FULL LIST OF RESTRICTIONS ON ACCESS TO, AND USE OF, THE DATA PLEASE REFER TO SECTION 5 BELOW.
Contacts411 offers a U.S.-directed service (the “Service”) designed to provide you with more complete contact information about people who already are on your U.S. contact lists, such as in your iPhone Contacts Application or personal address book and those you may enter while in the Contacts411 app (your “Contacts”). Through an Application (the “Application” or “App”) we make available for your download, when you provide us with your Contacts information or information from your personal address book that you choose to enter into the Application, such as email or U.S. address, the Service returns available U.S. street addresses, email addresses and U.S. phone numbers for submitted Contacts as available and consistent with high confidence accuracy standards.
You use the Application to access our free or paid Service to update your Contacts on a fixed subscription basis. We offer several subscription plans presently, although that is subject to change. You will have the opportunity to review and agree to charges prior to accepting a plan.
You agree not to knowingly provide to us information from individuals outside of the US, including from countries in the EEA as well as the UK. You also understand that it is not our intent to offer any services related to such information.
Subject to this Terms of Service, you may provide us with your Contacts’ U.S. phone numbers, U.S. postal addresses, and/or email addresses (“Submitted Data”), in response to which we may return to you, as available, additional and updated contact information related to those Contacts (“Returned Data”). Returned Data is offered under a “license,” which means that pricing, conditions and restrictions apply. Please read Section 5, below, regarding the restrictions that apply.
You may only provide us Submitted Data that you have a right to possess. Do Not provide any data that you have received in any illegal or illicit manner.
By using the Application to purchase our Returned Data updates to your Contacts, you receive a Restricted License for using the data. Your use is restricted as follows:
1. Individual and Direct Use. You may only use the Returned Data for your lawful, direct and individual use and NOT, without limitation, collections, governmental or third-party marketing or advertising uses. You may access the Returned Data ONLY through the Application. We are providing you the Returned Data strictly for your own individual personal or business purposes, in maintaining your contact lists.
2. Resale Prohibited. You may not sell, lease, rent or share the Returned Data for any commercial purpose (the “Resale Prohibition”).
3. Derivative Use Prohibited. You may not use the Returned Data to create another product, or to create a further dataset. For instance, you may not use the Returned Data as a way to derive or append data that you are going to sell, share, or use as a product or service.
4. Use as Marketing Tool. You may not use the Returned Data to compile any direct marketing list, model, analysis, code, or report utilizing or derived from the Data.
If you want to do any of the above, please contact us at email@example.com — we may be able to help you, or to customize a service option that fits your purpose and needs.
5. Do Not “Guess.” You may only submit information to us that you believe to be true and accurate. If we believe that you are using our Service to “guess” or otherwise extract information not tied to your actual contact list or known individuals, we will terminate your account(s) immediately, without providing you a refund. In such an instance we may be required by contract to forward to our data licensing providers any information that is pertinent to such improper use.
6. Restricted Marketing Activities. You may not use the Returned Data relating to any effort to advertise, sell, or promote a product or service relating to illegal or illicit activities, sexual products or services, drug products or services, pornographic materials, weapons, illegal gambling services, or involving credit repair services.
7. Further Third Party Restrictions. You may not use the Returned Data in the development of (i) any application that is outside the scope of this Agreement or (ii) any data product or service to be provided to third parties including, without limitation, any list enhancement or data appending service or product.
8. Returned Data Use Limitations.Neither the data licensing companies we work with, nor Contacts411, is a “ consumer reporting agency,” and neither supply data that constitute “ consumer reports” as those terms are defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“ FCRA”). Accordingly, Contacts411 data may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Specifically:
I. You are not authorized to use any of the information received from Contacts411 to determine, in whole or in part, an individual’s eligibility for any of the following products, services or transactions:
II. credit or insurance to be used primarily for personal, family or household purposes;
III. employment purposes;
IV. a license or other benefit granted by a government agency; or
V. any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account;You are not authorized to use any of the information you receive to take any “ adverse action,” as that term is defined in the FCRA. Contacts411 supplies no data or information that is governed by the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and its implementing regulations; or the Driver’s Privacy Protection Act (18 U.S.C. § 2721 et seq.) and related state laws.
9. Respect Your Contacts’ Wishes. In order to respect the wishes of people in the databases we access, we may limit or restrict such databases, or your access to them, at the request of, or to protect the safety of, any person who is the subject of data we hold, or for any other reason.
10. Right to Terminate. If we believe you have violated any of the above terms, or used the Service or Application in an illegal, inappropriate or unethical way, we may terminate your access without notice or further obligation.
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application, the Service, and all underlying software code are owned either directly by Contacts411 or by Contacts411’s licensors. You may not use or display our trademarks or copyrights without our written permission.
1. You will not, and will not allow, third parties to (i) make and distribute copies of the Application or the Service; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application or Service; or (iii) create derivative works of the Application or Service of any kind whatsoever.
2. You acknowledge that any terms you have entered into with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise.
3. You accept responsibility for any such charges that arise.We do not knowingly possess or collect contact information or other data regarding any person under the age of eighteen (18). You likewise agree not to use our Service to attempt to obtain such information. If you believe that any information in our database relates to or identifies any person under the age of eighteen (18), please contact us at firstname.lastname@example.org and as applicable, we will investigate or remove such data from our database.
You will be required to set up and maintain an Apple iTunes account and method of payment to receive Returned Data. You are responsible to Apple for all activities and all purchases made from your account. You should keep your password secure, and not share it with anyone. If you are not the bill payer for the device being used to access the Application, you must obtain, and will be assumed to have obtained, permission from the bill payer for using the Application and Service.
You agree to indemnify, defend and hold harmless Infinite Knot, Inc., our agents, affiliates, and licensors from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are “Losses”) related to any act or omission by you in using the Application or Service, including but not limited to any infringement of any third-party’s rights. At our option, we may assume control of the defense and settlement of any Loss subject to indemnification by you (provided that, in such event, Contacts411 may at any time thereafter elect to take over control of the defense and settlement of any such Loss, and in any event, you shall not settle any such Loss without our prior written consent).
You agree that any improper uses or disclosures of the Returned Data would be impracticable or extremely difficult to fix and would result in actual damages resulting to Contact411 and its data licensing companies. Therefore, should you improperly use or disclose any Returned Data in violation of these Terms of Service you agree to pay to Contacts411 and/or its third-party data licensors the sum of One Hundred and No/100 Dollars ($100.00) per updated record, in addition to our reasonable attorney fees, should we prevail on such a claim.
In the event of any breach or threatened breach of the Resale Prohibition by you, Contacts 411 may suffer irreparable harm for which there is no adequate remedy at law. Accordingly, you agree that we shall be entitled to seek injunctive relief against you, as well as such other rights and remedies to which we may be entitled to at law, in equity, or under this Agreement, along with reasonable attorney fees.
1. The Application and Service are available to handheld mobile devices running Apple iOS currently with plans to expand to additional operating systems in the near future. Contacts411 will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Contacts411’s reasonable control.
2. We accept no responsibility or liability for the unavailability of the Application or Service, any difficulty or inability to download or access content, or any other communication system failure which may result in the Application, Service or Returned Data being unavailable. You are solely responsible for maintaining your hardware, network connections and devices, and for ensuring that they are compatible with the Application and Service.
3. We are not responsible for, and do not provide, technical support for your iOS device, only for activity relating to your use of the Application and Service.
4. If you have been charged for Returned Data you have not received, due to an interruption in service on your or our part, you may contact us at email@example.com and we will provide you with any Returned Data for which you have paid. However, you will not be entitled to a refund for Returned Data in any case where we do provide you with Returned Data.
1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).The Software Requirements are as follows:
2. Apple iOS devices running iOS 10.0 or later. Compatible with iPhone, iPad, and iPod touch.
3. The current version of the Application software may be updated from time to time to add support for new functions, security, and services. Updates are available at no charge using the iTunes App Store app.
1. Contacts411 may terminate your use of the Application and Service at any time by giving notice of termination to you, if in our sole discretion we believe you have acted illegally, unethically, inappropriately, or in a way that may compromise the Application, the Service or our business, or the rights, property, safety or security of any person.
2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate and (b) you must cease all use of the Application and the Service. Our Liability is Limited
1. We are not liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind arising out of your use of, or access to, the Application or Service, including loss of profit, whether or not in the contemplation of the parties, and whether based on breach of contract, tort (including negligence), product liability or otherwise.
2. We also are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones that may result from the installation or use of the Application or Service. These terms do not exclude liability that cannot be excluded or limited under applicable law.
1. Returned Data is provided on an “As Is” and “As Available” Basis. People move, change jobs, and change primary contact information and addresses frequently. Therefore, while we strive to provide Returned Data that is up-to-date and accurate, we cannot guarantee or warrant that any contact information is the most up-to-date or accurate.
2. We Disclaim All Warranties for the Application, Service and Returned Data. To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, Contacts411 hereby disclaims all implied warranties with regard to the Application. The Application, Service and Returned Data are provided “as is” and “as available” without warranty of any kind.
Like most data services (and “intangible goods” in general), we cannot provide you with refunds for the Application, Service, or Returned Data. We strive to explain clearly to our users what charges apply to the Returned Data: if you are unsure as to the charges that apply, go to the “Plans” information on our website, at https://www.contacts411.com/, or to the Contacts411 app landing page in the Apple iTunes App Store.
You will resolve any claim, cause of action or dispute (“Claim”) you have with us arising out of or relating to the Application or Service, or your use of it, exclusively in a state or federal court located in the Commonwealth of Massachusetts. The laws of the Commonwealth of Massachusetts will govern any Claim that might arise between you and us, without regard to conflict of law provisions. You agree to irrevocably submit to the personal jurisdiction of the courts located in the Commonwealth of Massachusetts for the purpose of litigating all such claims.
Your commitment to abide by these Terms of Service extends to any and all data licensing companies engaged by Contacts411 for the contractual provision of Returned Data supplied through the Contacts411 service. Any breach of the Restricted License described in these Terms of Service is subject to legal recourse without limitation by the data licensing companies, separately or together, along with or independent of Contacts411.
This Terms of Service is the full agreement between you and us regarding the Application and the Service. When you agree to it, it supersedes any other written or oral terms that you may have seen, or that may have been exchanged between us.