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Terms & Conditions

Last updated: 02 August 2022

 

We believe that the Address Book is one of your most valuable assets and our services have been designed to protect it and empower you as its gatekeeper.

The conata Address Book Application was designed to give you ownership and control of your personal contacts and both our Terms and Conditions and our Privacy Policy have been designed to protect your data and to be straightforward and easy to understand. We never resell personal information about you or your contacts.

Your data belongs to you and you will always be able to delete your data from our systems.

Using conata Address Book Application requires that the User consents to the Terms and Conditions and provides the information required for the usage of the conata Address Book Application. These Terms and Conditions are a legal agreement between conata and you the User.

By registering and creating an Account on the conata Address Book Application or by using Services from conata you fully and unconditionally accept and agree to be bound by this Agreement.

The User acknowledges that the Application is to be used for private purposes only.

 

Definitions

Account

Refers to a User’s personal account on the conata Address Book Application. By registering on the conata Address Book Application, a User will create his own personal user account.

conata

Refers to ad bonum Ltd., a limited liability company registered under the laws of Switzerland, with registration number CHE-395.854.870, which is the owner of the conata Address Book Application and provides the Service.

conata Address Book Application and/or the Application

Refers to the mobile application offered by conata, as described in detail in the Information about the conata Address Book paragraph below.

Service/s

The service/s provided by conata, as described in these Terms.

User/s

The individual/individuals (natural persons) downloading and using the conata Address Book Application for personal use. Individually, we can also refer to “You” as the User.

Terms and Conditions or Agreement

These Terms and Conditions  constitute a legally binding agreement between the User and the Owner.

Personal Information

Information stored against a contact and specifically the contact’s profile picture, name, surname, telephone number, email address, residential address social media links and other links.

Personal Data (or Data)

Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

In the context of the services provided by conata via the conata Address Book application, Personal Data refers to data relating solely to the User/Users.

 

Contact Details of ad bonum Ltd.

ad bonum Ltd.
Alpenstrasse 11
6300 Zug ZG
Switzerland

Email: support@conata.app

UID.: CHE-395.854.870

VAT No.: CHE-395.854.870 MWST

 

Registration

In order to use the Service or any part of it, Users must register and create an Account on the conata Address Book Application. The User must select a password and provide us with certain personal information, which may include the user’s name, email address, and, in some cases, payment information. This information will be held and used in accordance with conata’s Privacy Policy, of which the user hereby has taken note.

A User must be at least 18 years of age to register, create an account and use the Service. By creating an account and using the Service, User represents and warrants they can form a binding contract with conata and are not a person who is barred from using the Service under the laws of the applicable jurisdiction.

After registering on the conata Address Book Application, Users will be asked to import or synchronize their mobile phone address books. By importing or synchronizing their address books, Users accept to share their contacts with conata and they authorize conata to use these data in order to provide Services. conata will keep Users’ contacts Personal Information private and confidential.

Users are responsible for maintaining the security of their Account. Users are not allowed to share Account details with others or allow others to access or use their Account. conata will treat all acts performed through the Account as being performed by the respective User. The User therefore accepts responsibility for all acts done using their Account, whether or not authorized, including purchases made using any payment instrument, and understands they may be held liable for losses incurred by conata or any other user of the application caused by someone else using their Account.

If a User becomes aware of any actual or suspected loss, theft, fraud, or unauthorized use of their Account or Account password, please contact conata immediately.

 

Information about the conata Address Book Application

The conata Address Book Application is a mobile application which allows Users better manage their private contacts, alerting of news affecting them, reminding Users to stay in touch with their contacts, creating/scanning QR-codes, providing secure end-to-end encryption and real-time synchronization.

User’s can share their contact between each other so that all your contact details stay current at all times.

 

Content provided by the User

The Services provide functionalities that allow Users to Share content and personal information between each other, as further detailed in the Services, on conata’s Website, and in its Privacy Policy. Users are responsible for their own content and that of third parties that they share through the conata Address Book Application, that they upload and post on or through the Application, or that they transfer by any other means. Users confirm that they have all the necessary consents or rights from third parties whose data and/or content they share with conata and hereby undertake to indemnify conata for any liability or claim arising against conata in connection with illegal distribution of third-party content or unlawful use of the Service or damages that the Users may incur.

 

Rights over content provided by Users

The only rights granted to conata in relation to content provided by Users are those necessary to operate and maintain the conata Address Book Application.

 

Content provided by third parties

conata does not moderate the content or links provided by third parties before their publication on the conata Address Book Application. conata is not responsible for the content provided by third parties or for its availability.

While conata has no obligation, conata may review, screen and delete user’s content or suspend functionalities at any time if conata has reasonable belief that the User is in violation of this Agreement. The user is responsible for the content shared and sent through the Application, including for the back up of that content.

 

Conduct

The Service shall be used only in accordance with these Terms and the applicable laws. In particular, but not limited to, Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on conata Address Book Application or any portion of it;
  • circumvent any technology used by conata or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through conata Address Book Application;
  • use any robot, spider, site search/retrieval application, or other automated device, or means to access, retrieve, scrape, or index any portion of conata Address Book Application or its content;
  • rent, lease or sublicense conata Address Book Application;
  • defame, abuse, harass, use threatening practices, threaten, infringe or violate the legal rights of others in any other way, including but not limited to privacy, publicity, intellectual property rights, or that constitutes copyright infringement;
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate or infringes on copyright laws;
  • use brand names or trademarks of any kind or which you have no right of use;
  • distribute or make available material that promotes bigotry, racism, hatred or harm against any group or individual or animals or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
  • promote any other platform, product, brand or commercial service without the express consent of the Owner, including any reference contained in the username;
  • impersonate other individuals or create fake accounts;
  • publish any content or engage in any activity that could damage a third party, or
  • use conata Address Book Application in any other improper way that violates these Terms.

Conata reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated the terms, misused the Service or behaved in a way that conata regards as inappropriate or unlawful, including actions or communications that occur on or off the Application. In addition, conata reserves the right to inform law enforcement authorities for further investigation.

If you see content on conata App that violates this Agreement, please report it within conata App, or via conata contact page.

 

Indemnity

The User agrees to indemnify and hold conata and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs and any damages, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

 

Paid services

conata provides for additional services and subscriptions available upon payment of a fee (on subscription basis) for individual Users.

The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of conata and during each purchasing process. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used subscriptions periods. conata may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the applicable law in your jurisdiction provide for refunds. For instance, subscribers residing in the EU or European Economic Area – in accordance with local law, are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

The pricing that is highlighted in the relevant section of conata concerns the personal use of the conata Address Book service.

 

Methods of payment

conata uses third-party tools and providers for its payment processing and does not handle any of the provided payment information – such as the credit card – at any time. The terms and conditions of the third-party providers apply.

 

Trial period

In the event that conata offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by conata. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.

 

Recurring subscription

Payments start from the date when Users choose a paid subscription or modify another existing payment plan.

Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then conata may be forced to cancel their subscription when it runs out.

However, if you use a third-party payment provider such as Apple’s App Store or iTunes Store, as applicable (“App Store”) or the Google Play Store, you will need to manage in app purchases through such account to avoid additional billing. Further information can be found in the terms of the relevant digital distribution platform via which you downloaded the Application. For more information on subscriptions please refer to the following links:

For Android devices: https://support.google.com/pay/answer/7644008?hl=en

For Apple devices: https://support.apple.com/en-us/HT202039

 

Right of Withdrawal and Refunds

Requests for withdrawal and refunds are handled by the digital distribution platforms via which you downloaded/purchased the Application and are governed by their respective terms; that is either by Google if you are using an Android device and have downloaded/purchased the Application via the Google Play store, or by Apple if you are using an iOS device and have downloaded/purchased the Application via the App Store.

Further information can be found on the relevant digital distribution platforms as follows:

For iOS devices please refer to Apple’s relevant Terms at: https://www.apple.com/legal/internet-services/itunes/cygr/terms.html

For Andoid devices please refer to Google’s relevant Terms at: https://support.google.com/googleplay/answer/2479637#apps

 

Advertisement and Third Party Links

Conata reserves the right to display advertisement within its Applications. conata is not responsible for the availability (or lack of availability) or the content of such advertisements, promotions or third-party links or websites. If you choose to interact with third parties made available through the Application, such party’s terms will govern their relationship with you. conata is not responsible or liable for such third-parties’ terms or any actions.

 

Deleting User accounts and account termination

Registered Users can delete their accounts and stop using the Service, through the interface of conata or by directly contacting conata at any time.

When Users delete their accounts, conata deletes all General and Personal information ever provided by the User in accordance with our Privacy Policy. In case of breach of the Terms conata reserves the right to suspend or terminate the account of the User at any time and without notice, the User will not be entitled to any refund for purchases.

Registered Users can delete their contacts from their address book at any time. All the information about the deleted contact will also be removed from conata.

When a User deletes its account, they can no longer access the conata Address Book Application and their contacts. It is the User’s responsibility to synchronize conata Address Book Application with their local address book to avoid losing any contacts.

 

Privacy Policy

For information about the use of their personal data, Users must refer to the Privacy Policy.

 

License

On the condition that you comply with all your obligations under this Agreemment, conata hereby grants you a non-exclusive, non-transferable, restricted license (without the right to sublicense) to access and use the Services and the Application in accordance with Agreement and the guidelines provided to you or published on conata website or within the Application.

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of conata and its Service without the conata’s express permission, granted either directly or through a proper reselling program.

conata reserves the rights to terminate a User’s license to use the Application and Services at any time and for any reason or to change the features included in different tiers of paid or free subscription plans.

If conata believes, in its sole discretion, that a User has violated or attempted to violate any terms under this agreement or the applicable laws, conata may temporarily restrict the ability to use and access the Services or may permanently be revoke access to use the service, with or without notice.

 

Copyright and other IP Rights

All copyright, trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos and any other intellectual property rights relating to the conata Address Book Application and to conata’s business in general are, and remain, the exclusive property of conata or its licensors and are protected by the relevant intellectual property laws in force and by related international treaties. This Agreement does not transfer any intellectual property rights from conata to a User.

 

Warranties and Disclaimer

The Service and conata Address Book Application are provided by conata”as is”, with no express or implied warranty for accuracy or availability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONATA MAKES NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE APPLICATION. CONATA DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

SOME /COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS. IF YOUR COUNTRY REQUIRES A CERTAIN PERIOD FOR WHICH A WARRANTY APPLIES, IT WILL BE EITHER THE SHORTER OF 30 DAYS FROM YOUR FIRST USE OF THE APPLICATION OR THE SHORTEST PERIOD REQUIRED BY LAW.

conata does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free, or that the Services will be compatible with third-party software or hardware or that any errors in the Services will be corrected. No oral or written advice provided by conata or any authorized representative shall create a warranty.

 

Limitations of liability

Conata, its Affiliates, Directors, Employees, Licensors or Service Providers, within the limits as currently permitted by the applicable law, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of conata.

The User expressly releases and exempts conata, its Affiliates, Directors, Employees, Licensors or Service Providers from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement. In no event will conata’s aggregate liability to you for all claims relating to the service exceed the greater of the amount paid, if any, by you to contata for the service and CHF 1’000.00 while you use conata’s Services or have an Account.

 

Modification

conata may add, remove or supend functionalities and/or features to Application at any time without giving notice to the User. In case of final discontinuation, conata will do the utmost to allow users to withdraw their information held by conata.

 

Termination

Both you and conata may terminate this Agreement at any time with notice to the other. conata can terminate this Agreement without notice or deactivate the User at any time if conata reasonably believes that the User has violated this Agreement or for any other reason. conata will not be liable to the user for terminating this Agreement, including for deletion of any of the user’s content.

If the User terminates this Agreement conata will delete the User account. conata will not be liable for any loss of data, information or content of the user.

All provisions under this Agreement which by their nature should survive termination shall survive termination, including, but not limited to ownership provisions, rights in your or our data, warranties, disclaimers, indemnity, limitations of liability, governing law and jurisdiction.

 

Changes to these Terms

conata reserves the right to modify these Terms at any time, informing Users at least 30 days in advance of the changes by reasonable means (e.g., publishing a notice within the Application or via email). Users who continue to use the conata Address Book Application after the publication of the changes accept the new Terms in their entirety.

 

Assignment of contract

conata reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

 

Contacts

All communications relating to conata must be sent using the contacts stated in this terms.

 

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

 

Governing law and jurisdiction

The Terms and Conditions and all legal relations between conata and the User in connection with conata Application shall be subject to the laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

To the fullest extent permitted by applicable law, User agrees that any and all disputes, claims and causes of action arising out of or connected with this Agreement, to the use of the Application, or to all other legal relations between conata and the User shall be resolved individually, without resort to any form of class action, and exclusively by Swiss courts located in Zurich, Switzerland. If the law of the country of residence gives a User the statutory right to bring a claim at his place of residence based on consumer protection laws, the User has the right to choose between Zurich, Switzerland, and their place of residence.