Terms and Conditions
Last Updated: 20.05.2024
Introduction
Welcome to Collextr! We are a platform that helps B2B companies enhance their Revenue Operations Teams' effectiveness. By connecting your Customer Relationship Management (CRM) system with Collextr, your sales team can focus more on selling and less on the manual, error-prone tasks associated with data handling. Our platform uses advanced artificial intelligence to parse, process, and populate your CRM with essential data about your leads, streamlining your sales processes.
These Terms of Service for Cloud Services (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and Collextr Inc., a Delaware corporation located at 8 The Green, Ste A, Dover, DE, 19901, USA. By accessing or using any part of our services, you agree that you have read, understood, and agreed to be bound by these Terms. If you are accessing or using our services on behalf of a business or entity, then you represent and warrant that you have the authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity.
These Terms apply to all users of our services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Acceptance of Terms
“You” (or “Customer”) refers to the individual or entity using or accessing the services provided by Collextr. By clicking “I agree” (or a similar button or checkbox), you represent and warrant that:
(i) you have full legal authority to bind the entity you represent to these Terms;
(ii) you have read and fully understand these Terms; and
(iii) you agree to these Terms on behalf of the entity you represent.
If you do not have the legal authority to bind your employer or another entity, please refrain from clicking “I agree”. Additionally, if you register for our services using an email address from your employer or another entity, you are considered to be representing that entity, and your agreement to these Terms will bind that entity.
These Terms are effective as of the date you first click “I agree” or use or access our services, whichever occurs first (the “Effective Date”). A physical signature is not required for these Terms to be legally valid.
If you do not agree with these Terms or cannot comply with them, you must not use our services. However, we encourage you to contact us at terms@collextr.com to discuss potential alternatives or clarify any doubts. These Terms apply to all users, including visitors, who wish to access or use our services.
We appreciate your responsibility in carefully reviewing and agreeing to these Terms.
Changes to Terms
Collextr Inc. reserves the right to update or modify these Terms of Service at any time and from time to time without prior notice. However, we will make every effort to inform you of any significant changes to these terms that might materially affect your rights or the way you use our services. Changes will become effective immediately upon posting on our website or by direct communication to you unless otherwise noted.
We recommend that you review the Terms of Service periodically for any updates or changes. Your continued use of the services provided by Collextr after any such changes take effect constitutes your acceptance of the new Terms of Service. If you do not agree to any changes, you should stop using Collextr’s services immediately. If the changes include material alterations that affect your rights or obligations, we will strive to notify you in advance by prominent notice on our site or through direct communication.
It is your responsibility to check the Terms regularly to view such changes. If you have any questions regarding any changes, please contact us at terms@collextr.com.
Account Registration and Use
Account Creation: To access certain features of Collextr, you must register for an account. During the registration process, you will be required to provide certain information and you must ensure this information is accurate, complete, and up-to-date. You may also be asked to choose a password and a user name.
Account Responsibilities: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Collextr immediately of any unauthorized use of your account or any other breach of security. Collextr will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Use of Account: You agree not to use your Collextr account to:
- Engage in any activity that violates any law, regulation, or is otherwise considered fraudulent or illegal.
- Misrepresent your identity or affiliation with any person or organization.
- Interfere with or disrupt the services or servers or networks connected to the services.
Account Restrictions: Collextr reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion for any reason whatsoever without notice and without liability.
Data Use and Privacy: By registering for an account, you agree to Collextr’s collection, use, and disclosure of your personal information in accordance with the Privacy Policy, which is incorporated herein by reference for all purposes.
Account Termination: You may terminate your account at any time by following the instructions on the Collextr website or contacting the support. Upon termination, your account will be deactivated, and you may no longer be able to access certain parts of the service.
Survival: Upon termination, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Privacy Policy
At Collextr, Inc., protecting your privacy is paramount. We are committed to maintaining the trust and confidence of our users by handling personal information with care and in accordance with legal requirements.
Consent to Collect Information: By using our services and providing personal information as described in our Privacy Policy, you agree to allow us to collect, use, and share your information as detailed. This includes, but is not limited to, using your email address for communication and marketing purposes, with the option to unsubscribe at any time.
Changes and Updates to the Privacy Policy: We reserve the right to modify our Privacy Policy at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. We will notify you of any significant changes by posting the revised policy with an updated date on our website. Your continued use of our services after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact and Questions: Should you have any questions regarding our Privacy Policy or the information practices of our services, please feel free to contact us at the details provided in our Privacy Policy.
Incorporation by Reference: Our Privacy Policy is incorporated by reference into these Terms of Service and is intended to be regarded as part of the terms that govern your use of our services.
Fees and Payments
Subscription Fees
When you subscribe to our paid services, you will be billed in advance on a recurring, periodic basis (the "Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the subscription plan you select. By subscribing, you commit to the duration of the subscription period you have chosen, and you agree to pay the subscription fee at the start of each Billing Cycle.
We may also offer certain services for free, which will not require payment. These free services may have limited features compared to our paid subscription options.
Apart from regular subscription fees, we offer other paid options such as bulk operations which can be purchased separately. These are designed to provide flexibility and additional value for users who need more than what is available in the standard plans
Payment Methods
To use the Subscription Service, you must provide valid and updated payment information. You may update your payment method information by logging into your account. By providing such information, you authorize us to bill the subscription fee through the provided payment method.
Subscription Plan Details
Each subscription plan has different features and limitations. All the details related to the subscription plans are available on our website. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
Renewals
Unless you cancel your subscription, your subscription will automatically renew under the exact same conditions unless you are notified otherwise. If you do not want your subscription to renew automatically, please inform us through your account interface or contact our customer support team.
Cancellations and Refunds
You may cancel your subscription at any time. If you cancel your subscription before the end of your current paid-up month, your cancellation will take effect immediately, and you will not be charged again. Please note that in the event of cancellation, you will not receive a refund for any service already paid for.
Late Payments and Non-Payment
If payment is not received by the due date, your account will be considered delinquent. This may result in the suspension or termination of your services. If your account is suspended for non-payment, we may require you to pay all past due amounts as a condition of reactivation.
Price Changes
We reserve the right to adjust pricing for our services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your service will take effect following email notice to you.
Taxes
Our fees are net of any applicable Sales Tax. If any services, or payments for any services, under these Terms are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. For these purposes, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to our customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Intellectual Property Rights
All intellectual property rights in and to the service, including but not limited to design, structure, "look and feel," the software, code, underlying data, proprietary algorithms, and all other elements of the service provided by us (collectively, "Our Intellectual Property") are owned by or licensed to us. Our Intellectual Property is protected by intellectual property or proprietary rights laws. Your use of the service does not grant you ownership of any intellectual property rights in our services or the content you access.
User-Generated Content
We do not claim ownership of any data, information, or content that you upload, transmit, or store in your user account while using our services (collectively, "User Content"). You retain all rights and are solely responsible for the protection of those rights, as well as for the legality, reliability, and appropriateness of the User Content you submit. By posting, uploading, inputting, providing, or submitting your User Content, you grant us and our affiliated companies a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our services), communicate, publish, publicly display, publicly perform, and distribute your User Content for the limited purposes of allowing us to provide, improve, promote, and protect our services.
Third-Party Links and Services
Our service may include material from third parties or hyperlinks to other websites, resources, or content. Such third-party materials are not under our control, and we are not responsible for their availability, content, or the delivery of services from such sources. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Termination and Account Cancellation
Termination by You
You may terminate your account and end your use of the service at any time and for any reason by following the account cancellation procedure outlined in your account settings or by contacting our customer support team directly. Upon termination, your account will be deactivated, and you will no longer have access to the service. We are not responsible for saving or returning any User Content you have posted on the service after account termination.
Termination by Us
We reserve the right to suspend or terminate your account at any time, without notice, for any reason, including but not limited to, breach of these Terms and Conditions, upon the legal requirement of any governmental authorities, or if our services are permanently discontinued. If we suspend or terminate your account without cause, we will provide a pro-rated refund of any prepaid fees.
Disclaimers and Limitations of Liability
Warranties
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Liabilities
NEITHER COLLEXTR INC. NOR ANY OF OUR AFFILIATES, LICENSORS, OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT OF $100.
The limitations in this section will apply to the maximum extent permitted by applicable law. If your jurisdiction does not allow the limitations of damages as set forth above, the content of this section may not apply to you, and you might have additional rights. In such cases, these limitations will apply to the extent allowable under the laws of your jurisdiction.
Our affiliates, suppliers, licensors, and distributors are intended third-party beneficiaries of these limitations.
Indemnification
If you are a business or organization, to the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Collextr Inc., its affiliates, and their respective directors, officers, employees, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of our Services and Content, or your violation of these Terms, including but not limited to, any breach of your warranties, representations or obligations hereunder. This indemnification obligation includes, but is not limited to, any third-party claim against us for liability for payments, data protection and privacy, and intellectual property infringements.
You will promptly notify us of any such claim, cooperate with us in defending the claim, and allow us to assume the exclusive defense and control of the claim at our discretion.
Governing Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delaware, and you hereby submit to the personal jurisdiction of such courts.
Dispute Resolution
Informal Resolution:
We believe in working in a friendly and efficient manner to resolve any disputes. If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting us at info@collextr.com. We will attempt to resolve the dispute informally by contacting you via email.
Arbitration:
In the unlikely event that our informal resolution does not resolve the issue, you and Collextr Inc. agree to resolve any claims relating to these Terms or the Services through final and binding arbitration
The arbitration will be conducted in Delaware, unless you and Collextr Inc. agree otherwise. Each party will be responsible for paying any arbitration filing, administrative, and arbitrator fees in accordance with the arbitrator's rules.
The arbitration will be conducted by a single neutral arbitrator and will take place in English, or any other language mutually agreed upon by the parties.
No Class Actions:
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Time Limitation on Claims:
You agree that any claim you may have arising out of or related to your relationship with Collextr Inc. must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Miscellaneous
Discontinuation of Services.
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund according to our refund policy reflected in these Terms.