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Terms of Service

Last Updated: May 15, 2025

These Terms of Service (the “Terms”) constitute a binding agreement between you (“you,” “your,” or “User”) and Cendance Systems Inc., including its affiliates operating as Kontactly and iAgentWebsite (“Cendance,” “Company,” “we,” “us,” or “our”), and govern your access and use of our websites, software, applications, and services (collectively, the “Services”).

1. Acceptance of Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy and any other applicable agreements referenced herein. If you do not agree, you must not use the Services.

2. Eligibility

To use the Services, you must:

  • Be at least 18 years old or the legal age of majority in your jurisdiction;

  • Have the authority to enter into this Agreement on behalf of yourself or your organization;

  • Not be barred from using the Services under any applicable laws.

3. Account Registration

To access certain features, you may be required to create an account. You agree to:

  • Provide accurate and complete information;

  • Keep your login credentials secure;

  • Notify us immediately of any unauthorized access or breach.

You are responsible for all activities that occur under your account.

4. Subscription and Billing

4.1 Subscription Plans
Some Services are provided under a subscription model. Features and pricing are listed on our website or as agreed in writing.

4.2 Auto-Renewal
Your subscription will automatically renew unless canceled before the renewal date. You authorize us to charge your payment method for recurring fees.

4.3 Cancellation and Refunds
You may cancel anytime via your account dashboard or by contacting support. We do not offer refunds for unused time or features unless required by law.

5. Acceptable Use Policy

You agree not to:

  • Use the Services for any unlawful, abusive, or deceptive purpose;

  • Upload or distribute spam, unsolicited emails, or promotions not compliant with CAN-SPAM, GDPR, or A2P 10DLC regulations;

  • Interfere with or disrupt the Services or servers;

  • Use automated tools to access or scrape data from the platform;

  • Send content that is harassing, offensive, or violates third-party rights.

Violation may result in suspension or termination of your account without notice.

6. Intellectual Property

All content, trademarks, software, and materials provided through the Services are the property of Cendance or its licensors. You may not copy, modify, resell, or create derivative works from any part of the Services without prior written consent.

7. Data and Privacy

7.1 Data Ownership
You retain ownership of your Subscriber Data. By using the Services, you grant us a limited license to use, copy, store, and process such data to operate and improve the Services.

7.2 Data Compliance
You are solely responsible for ensuring your use of the Services complies with applicable laws, including obtaining necessary consents for email/SMS communications.

7.3 Privacy Policy
Our data practices are explained in our Privacy Policy. Continued use of the Services signifies your agreement.

8. Third-Party Integrations

The Services may integrate with third-party tools (e.g., Google, Zoom, Facebook). We are not responsible for the availability, accuracy, or functionality of any third-party platform.

9. Free Trials & Beta Features

Cendance may offer free trials or beta access to new features. These are provided “as-is” with no warranties and may be modified or discontinued at any time.

10. Termination

We may suspend or terminate your access at any time for violation of these Terms or other policies. Upon termination:

  • Your license to use the Services ends;

  • We may delete your account and data unless retention is required by law.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR FUNCTIONALITY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CENDANCE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES;

  • LOSS OF REVENUE, PROFITS, OR DATA;

  • DAMAGES EXCEEDING THE AMOUNTS PAID BY YOU IN THE 6 MONTHS PRIOR TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless Cendance, its affiliates, officers, and employees from any claims, liabilities, damages, and expenses (including attorneys’ fees) arising from your:

  • Use of the Services;

  • Violation of these Terms;

  • Violation of any applicable law or rights of a third party.

14. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms will be resolved through binding arbitration conducted in New Jersey, under the rules of the American Arbitration Association. You waive the right to participate in class actions or jury trials. This clause does not apply where prohibited by law.

15. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.

16. Modifications

We reserve the right to modify these Terms at any time. We will notify you of significant changes by email or through the Services. Continued use constitutes acceptance of the updated Terms.

17. Contact Information

If you have questions about these Terms, contact us at:

Cendance Systems Inc.
41 Champlain Rd
South Brunswick, NJ 08852
Email: contact@cendanceinc.com