Terms & Conditions of Service
These Terms and Conditions of Service (the “Terms”) govern access to and use of the website, applications, and services (the “Services”) provided to you (“you”, your”) by ContactMagic (“we, “us”, “our”).
Please read these Terms carefully. By accessing or using the Services, you agree to be bound by the Terms. If you do not agree, you may not access or use the Services.
1. Use of the Services
While your account is in good standing, you are granted a non-transferable right to use the Services. You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable local, or international law or regulation.
- To upload viruses or malware.
- For sharing offensive, illegal, or inappropriate content.
- To engage in any conduct which we, in our sole discretion, believe may restrict or inhibit the provision, use or enjoyment of the Services by us, or by any person or entity, or which may expose them to liability.
- To attempt to gain unauthorized access to any part of the Services, or otherwise interfere with, damage, or disrupt any server, computer, or database connected to the Services, or the content held thereon.
2. Communications Consent
2.1 Email and SMS
By using the Services, you may choose to send communications, including email and/or SMS/text messages, to your own customers. By sending such communications, you represent and warrant that you have obtained all necessary consents from your customers, in compliance with all applicable local laws and regulations. Where such consent may be inferred, in certain circumstances, you remain responsible for ensuring such consent is validly established. You agree to indemnify ContactMagic against any claims arising from your failure to obtain proper consent.
2.2 Call Recording
By using the Services, you may choose to record or transcribe voice communications with your customers and/or prospects. You are solely responsible for complying with any and all local laws applicable to such recording and transcription including, but not limited to, obtaining consent from all parties to the communication before making a recording or transcription. ContactMagic accepts no responsibility or liability for your failure to comply with these obligations and you agree to indemnify us from any and all claims, damages, liabilities, costs, and fees (including reasonable attorneys’ fees) arising from your use of the recording and transcription features of the Services, in violation of applicable laws.
3. Intellectual Property
3.1 The Services
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ContactMagic, its licensors, or other providers of such material, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 User Content
You retain ownership of your data but grant us a right to store, process, and analyse it for operational purposes. We do not verify the accuracy of user or customer data captured through use of the Services. You are solely responsible for validating and correcting appointment or call information made, and for backing up your own data.
4. Disclaimer of Warranties
4.1 Fitness for Purpose
The Services are provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included in the Services or their fitness and suitability for your intended application.
4.2 Availability
Although we have selected providers whose uptime exceeds 99.99% we do not guarantee the Services will always be accessible. In the event of a service interruption we and our providers will apply best efforts to restore the Services but shall not be liable for any losses flowing from such service interruption.
5. Limitation of Liability
The Services do not include legal, financial, medical, or risk management advice and under no circumstance will we, our affiliates, our licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services.
In no event shall we or any of our providers, suppliers, subsidiaries or affiliates, be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the extent permitted by applicable laws we do not accept any liability for: errors, mistakes or inaccuracies in materials produced by or for the Services; you acting, or failing to act, on any information received in connection with the Services; any unauthorised access to or use of the Services; any interruption or cessation of transmission to or from any servers or websites associated with the Services; or for any other reason. Liability, if any, is limited to an amount equal to the subscription paid in the previous month.
6. Your Account
6.1 Subscription
To access the Services you must purchase a subscription, which does not create a partnership, employment, or joint venture relationship. Your subscription to the Services will commence on the date of the first subscription payment and continue indefinitely unless terminated by either party. We reserve the right to refuse a subscription to any person or organisation without explanation.
6.2 Termination
You may cancel your subscription at any time and for any reason by sending an email to us and access to the Services will cease at the end of the current billing period. We may cancel your subscription if you allow your payment to exceed 10-days in arrears..
7. Contact Us
If you have any questions about these Terms, please contact us using contact methods available on the website.
8. Changes to Terms & Conditions
We reserve the right, at our sole discretion, to modify or replace the Terms at any time. We will provide you with notice of any changes by posting the new Terms on this page.
Last updated: 28 November, 2025