Last modified: September 10, 2018
Thanks for using our products and services ("Services"). The Services are provided by Exactify LLC ("Exactify").
By using our Services, you are agreeing to these terms. Please read them carefully.
Exactify allows users to create a unified view of your business connections by combining information from different systems with knowledge from your personal systems (such as email and social networks) to help you create the exact conversation, with the exact customer, at the exact time; and it also allows you to share and collaborate with others on your team to create the best understanding of the needs across your business connections. The Services allow you to connect together information from multiple independent systems, "Third Party Products", such as email services like Gmail or Outlook, or social networking services like LinkedIn, and other similar platforms, from which you authorize us to import information using publicly available integration methods and APIs. Connecting integrations with Third Party Products is easy, and you can have different settings for each one. Exactify may then automatically retrieve such data and allow you to discover new insights and opportunities to engage with your business connections. You can work with Exactify solo, using just your information, or you can choose to share data with your team via an organization account, to collaborate and create an understanding that is greater than each of you could have individually.
Access to and use of the Services is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are eligible.
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may not use the Services to collect content or information using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are accessible via mobile devices. Do not use mobile devices in a way that distracts you and prevents you from obeying traffic or safety laws.
You may need an Exactify Account in order to use some of our Services , and you may be required to be logged in to the account and have a valid payment method associated with it. You may create your own Account, or an Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an Exactify Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Exactify Account, keep your password confidential. You are responsible for the activity that happens on or through your Exactify Account. Do not reuse your Exactify Account password on third-party products or other websites, or vice versa. If you learn of any unauthorized use of your password or Exactify Account you can contact us at support@exactify.com.
Exactify's Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Exactify can use such data in accordance with our privacy policy.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers. If you think somebody is violating your copyrights and want to notify us, you can contact us at privacy@exactify.com.
To gain the most benefit from Exactify, you may provide information, establish access to information, connect, upload, store, and allow the Services to automatically read or send information on your behalf. You own your data and retain any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, connect, store, establish access to, send or receive content to or through our Services you grant us and our service providers a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to copy, modify and use your data to provide the Services subject to our Privacy Policy. Exactify requires these rights in order to create and update your Exactify account, operate and improve the Services, host your files, and to share them at your direction. You may request deletion of your data at any time, unless your content has been sent to or shared with others, and they have not deleted it.
You may also provide us with your login credentials for certain Third Party Products ("Third Party Login Credentials"). In doing so, you authorize the Services to utilize those Third Party Login Credentials to read, send and incorporate your data from those Third Party Products into the Services. You represent and warrant that you have the right to provide us with access to your data and to permit us to use and disclose your data within the parameters authorized by these Terms or our Privacy Policy. Of course, you can delete or revoke your connection to and credentials for your Third Party Products at any time.
You can find more information about how Exactify uses and stores content in the privacy policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Exactify provides features that may allow you to share content with other people on your team (for example, you might share support requests so others on your team can help respond). You may need to be part of an organization account to do so, and the Administrator(s) of that organization account may have access to organization data and control of sharing settings for that account. If you choose to also connect your personal data (such as a personal email account not related to your organization), you, not the Administrator, control the sharing of that personal data to your team by configuring the sharing settings when you connect your personal data. Carefully consider what information you choose to share, send or make public, because, for example, once shared, others may copy, forward, reply, or make derivative works of that content.
We will respect the choices you make to limit sharing or visibility using the settings in your Exactify Account. For example, you can select settings so you share some of your content only with specific users in your organization.
You understand that your content is your sole responsibility and that other content is the sole responsibility of the person or entity from whom it was shared or originated.
Exactify Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Exactify and its licensors exclusively own all right, title, and interest in and to the Services and Exactify Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Exactify used herein are trademarks or registered trademarks of Exactify. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Exactify's. This content is the sole responsibility of the person or entity that makes it available. We may monitor activity and review content to determine whether it is illegal or violates our policies, and we may, in our sole discretion, remove, edit or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
Exactify gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Exactify as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Exactify, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You agree to not use the Exactify Services to infringe our copyright, or attempt to replicate our products or services.
You further agree you will not use the Services to bypass or violate the terms of service, copyrights, trademarks, privacy, confidentiality, non-disclosure agreements of Exactify or others, nor cause injury, loss of or damage to reputation of any person or entity, and that you will indemnify and hold harmless Exactify from any such claims brought as a result of your use of the Services.
In order to use some services or account types, you may need to pay a subscription fee. By providing Exactify or its third party payment processing service with your payment information, you agree to pay in advance the amount due for each subscription period, plus all related taxes. Our current subscription plans (including pricing tiers) can be found on our website.
Your subscription will renew and remain in effect until it's cancelled or terminated under this Agreement. Exactify's third party payment processing service will store your payment information and automatically charge you at the start of the next subscription period. If you don't pay for your subscription on time, we will have the right, in our own discretion, to delete your account and terminate this Agreement with immediate effect.
If your subscription plan pricing is affected by the number of users in your Account, then you can manage and change the number of users by ‘Inviting' or ‘Disabling' and ‘Deleting' users in Account Settings.
You may at any time upgrade from one subscription plan (or tier) to another. In such case you will immediately be charged the full amount of the then-current rate for the new payment plan (and any auto-renewals thereof), as provided on www.exactify.com. You may at any time downgrade your plan tier prior to the end of your subscription period. Please note however that you will not receive any refunds or credits for payments already paid (or due) under your current billing cycle.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go. Exactify may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER EXACTIFY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. EXACTIFY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, DATA, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EXACTIFY SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM EXACTIFY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE PROVIDE THE SERVICES "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
EXACTIFY DISCLAIMS AND REJECTS ANY LIABILITY TO YOU, OR ANY OTHER INDIVIDUAL OR ENTITY, FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION, AND LOSS OF INFORMATION OR DATA REGARDLESS OF LEGAL THEORY). EXACTIFY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, IS LIMITED TO THE GREATER OF US $10.00 OR THE AMOUNT ACTUALLY PAID BY YOU TO EXACTIFY FOR THE PAST SIX (6) MONTHS OF THE SERVICE IN QUESTION.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms and conditions of this Agreement, you must not accept this Agreement and may not use the Service.
You agree to indemnify, defend and hold harmless Exactify and its affiliates, officers, directors, employees, consultants, agents and suppliers from any claim, suit or action arising from or related to the use of the Services or Third-Party Products or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Exactify reserves the right to update and modify the Terms from time to time. Notice of any change will be posted on Exactify's website and will become effective after they are posted, indicated by the updated date at the top of this page. If any change in the Agreement is not acceptable to you, your only remedy is to stop using the Service. If you use the Service after the revised Terms have become effective, this will constitute an acceptance of the revised Terms.
These terms control the relationship between Exactify and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
The laws of Washington state, U.S.A., without regard to principles of conflict of laws, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of King County, Washington, USA, and you and Exactify consent to personal jurisdiction in those courts.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you have any questions about these Terms, please contact us at support@exactify.com with a thorough description, and we will try to resolve it.
Contact Information for Notices.