Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the Contact Network System website, applications, software, and related services (collectively, the “Services”) provided by Contact Network System (“Company,” “we,” “us,” or “our”).

By creating an account or accessing or using the Services, you represent that:

• You are at least 18 years old and have the legal capacity to enter into these Terms.
• You are not prohibited from using the Services under applicable law.
• If you use the Services for an organization, you have authority to bind that organization to these Terms.

2. Description of Services

Contact Network System is a cloud-based contact management and follow-up platform. Depending on your plan and configuration, the Services may include:

• Contact and relationship management;
• Lead capture through email, websites, advertising platforms, APIs, webhooks, Zapier, and other integrations;
• Two-way SMS and email communications;
• Automated follow-up sequences, relationship messages, and marketing campaigns;
• AI-assisted follow-up, categorization, recommendations, and content;
• Team, location, task, tag, and conversation management; and
• Web and mobile access.

We may add, modify, suspend, or discontinue features of the Services. Features may differ by plan, location, integration, or availability.

3. Accounts and Security

3.1 Account information

You must provide accurate, complete, and current account and billing information and keep it updated.

3.2 Account security

You are responsible for safeguarding credentials and for activity conducted through your account. You must promptly notify us of suspected unauthorized access or a security incident involving your account.

3.3 Authorized users

You are responsible for your authorized users and for ensuring their use complies with these Terms. Credentials may not be sold, transferred, or shared with unauthorized third parties.

4. Subscriptions, Usage Charges, and Payment

4.1 Subscription fees

Subscription fees and billing frequency are shown when you subscribe or in an applicable order form. Unless stated otherwise, subscriptions renew automatically for successive billing periods until cancelled.

4.2 Usage-based charges

SMS, MMS, AI, phone numbers, third-party services, or other metered features may incur charges in addition to the subscription fee. Rates may vary by destination, carrier, provider, or usage and may change on notice.

4.3 Payment and taxes

You authorize us or our payment processor to charge your selected payment method for subscription fees, usage charges, applicable taxes, and other amounts you incur. We may suspend access if payment is overdue or unsuccessful.

4.4 Cancellation and refunds

You may cancel through the available account controls or by contacting us. Cancellation takes effect at the end of the current paid billing period unless applicable law requires otherwise. Fees already paid are non-refundable except where required by law or expressly agreed in writing.

5. Acceptable Use

You may use the Services only for lawful business purposes. You may not:

• Send spam or unsolicited, deceptive, abusive, threatening, defamatory, or illegal content;
• Promote illegal goods or services or transmit content prohibited by carriers or service providers;
• Impersonate another person or misrepresent your identity, affiliation, or authority;
• Use the Services for fraud, harassment, discrimination, surveillance, or infringement of third-party rights;
• Interfere with the Services, circumvent safeguards or usage limits, or attempt unauthorized access;
• Reverse engineer, decompile, scrape, or use automated access except as permitted by law or by us in writing;
• Introduce malware or harmful code; or
• Resell or redistribute the Services without our written authorization.

We may investigate suspected violations and restrict or suspend activity to protect recipients, users, providers, or the Services.

6. Messaging and Marketing Compliance

You—not Contact Network System—determine the recipients and content of communications sent from your account. You are the sender of record and are responsible for complying with all applicable laws, regulations, industry standards, and carrier rules, including as applicable:

• Canada’s Anti-Spam Legislation (CASL);
• The United States Telephone Consumer Protection Act (TCPA);
• The CAN-SPAM Act;
• Privacy and data protection laws; and
• CTIA, mobile carrier, email provider, and platform requirements.

You must obtain and document all required consent before contacting a recipient; accurately identify the sender; provide required disclosures; maintain applicable do-not-contact lists; and promptly honor unsubscribe, STOP, revocation, and other opt-out requests.

You may not upload purchased, rented, scraped, or unlawfully obtained contact lists. We may block messages, suspend campaigns, or terminate accounts where consent cannot be demonstrated or use creates legal, carrier, security, or reputational risk.

7. AI-Assisted Features

Some features may use artificial intelligence to draft communications, summarize or categorize data, recommend actions, or automate workflows. AI output may be inaccurate, incomplete, inappropriate, or unsuitable for a particular recipient or purpose.

You are responsible for reviewing AI-generated output, configuring automations, monitoring communications, and deciding whether and how to use recommendations. AI output is not legal, financial, real estate, or other professional advice. You must not use AI features to make unlawful discriminatory decisions or other decisions with legal or similarly significant effects without appropriate human review.

8. Content and Intellectual Property

8.1 Our intellectual property

The Services, including their software, designs, features, documentation, and branding, are owned by us or our licensors and protected by intellectual property laws. Except for the limited right to use the Services under these Terms, no rights are transferred to you.

8.2 Your content

You retain ownership of information, contacts, messages, files, and other content you submit to the Services (“Your Content”). You grant us a non-exclusive, worldwide license to host, copy, process, transmit, and display Your Content only as reasonably necessary to provide, secure, support, and improve the Services and comply with law.

You represent that you have all rights and permissions needed for Your Content and our processing of it as described in these Terms.

8.3 Feedback

If you provide suggestions or feedback, we may use them without restriction or obligation to you.

9. Data and Privacy

You are responsible for determining whether the Services are suitable for the data you process and for providing required notices and obtaining required consents from contacts, users, and other individuals.

For personal information in your contact database, you generally act as the organization that determines why and how the information is used, and we process that information to provide the Services. You are responsible for responding to requests from your contacts and meeting applicable retention, deletion, access, and correction obligations.

You should maintain independent backups or exports of data you need. The Services are not intended to store highly sensitive information unless we expressly agree otherwise in writing.

10. Third-Party Services

The Services may rely on or integrate with third-party services, such as telecommunications carriers, email providers, advertising platforms, AI providers, mobile app stores, Zapier, hosting providers, and payment processors. Your use of a third-party service may be governed by that provider’s terms and privacy practices.

We do not control third-party services and are not responsible for their availability, security, content, changes, or performance. We may change or discontinue an integration if a provider changes or withdraws access.

11. Availability and Support

We aim to keep the Services available but do not guarantee uninterrupted, timely, secure, or error-free operation. Maintenance, provider outages, carrier filtering, internet failures, updates, or events beyond our control may affect the Services.

Message and email delivery is not guaranteed. Delivery depends on recipient information, consent status, carriers, inbox providers, networks, devices, filtering, and other factors outside our control.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND RESULTS.

WE DO NOT WARRANT THAT THE SERVICES, INTEGRATIONS, AUTOMATIONS, AI OUTPUT, OR COMMUNICATIONS WILL BE UNINTERRUPTED, ERROR-FREE, DELIVERED, COMPLIANT FOR YOUR PARTICULAR USE, OR PRODUCE ANY SPECIFIC BUSINESS RESULT.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITIES, OR DATA, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory and even if a party was advised that damages were possible. They do not apply where prohibited by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, employees, agents, licensors, and service providers from claims, losses, liabilities, penalties, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Services;
• Your Content, recipients, campaigns, or communications;
• Your failure to obtain consent or honor opt-outs;
• Your breach of these Terms; or
• Your violation of law or third-party rights.

15. Suspension and Termination

You may stop using the Services and cancel your subscription at any time. We may suspend or terminate access if you breach these Terms, fail to pay amounts due, create security or compliance risk, expose us or a provider to liability, or if required by law or a service provider.

After termination, your right to use the Services ends and outstanding fees remain due. We may delete Your Content after a reasonable retention period, subject to applicable law and our operational policies. Export data you need before cancelling. Provisions that by their nature should survive termination will survive, including payment, intellectual property, disclaimers, liability limitations, indemnification, and governing law.

16. Governing Law and Disputes

Before starting formal proceedings, you agree to contact us and attempt in good faith to resolve the dispute informally.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law principles. Subject to any rights you may have under mandatory consumer law, the courts located in Ontario will have exclusive jurisdiction over disputes arising from these Terms or the Services.

17. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms and revise the “Last updated” date. Where required by law or where changes are material, we may provide additional notice. Your continued use after updated Terms take effect means you accept them. If you do not agree, you must stop using the Services.

18. General Terms

18.1 Entire agreement

These Terms, any applicable order form, and policies or addenda expressly incorporated by reference form the entire agreement between you and us regarding the Services.

18.2 Severability and waiver

If a provision is unenforceable, it will be modified only to the extent necessary and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver.

18.3 Assignment

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

18.4 Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, labor disputes, war, government action, internet or telecommunications failures, provider outages, or cyberattacks.

18.5 Electronic communications

You agree that notices, disclosures, agreements, and other communications may be provided electronically, including by email, in-product notice, or website posting.

19. Contact Information

Questions or legal notices concerning these Terms may be sent to:

Contact Network System
Email: legal@contactnetworksystem.com
Ontario, Canada