Acceptable use

1 Introduction

1.1 These Acceptable Use Terms (“Terms”) apply between you, the User of this website www.attio.com (“Website”) and Attio’s mobile and web applications (“Apps”) through which Attio’s CRM tools and API services (together the “Attio Services”) are provided, and Attio Limited, a company incorporated in England and Wales with registered number 10719702 and with its registered address at 25 Easton Street, Office 25.3, WC1X 0DS, London, UK (“Attio” or “we”). Attio is the owner and operator of the Website and Apps. WHERE YOU ARE A US-BASED USER, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND ATTIO ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN SECTION 7.3 OF THESE TERMS.

1.2 Please read these Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website and/or Apps. If you do not agree to be bound by these Terms, you should not use the Website or Apps.

1.3 In these Terms, “User” or “Users” means anyone that accesses the Website or Apps, and “you” shall be construed accordingly.

1.4 The Website and Apps use cookies and similar technologies. By continuing to use the Website and/or Apps you are agreeing to our use of cookies in accordance with our Cookie Policy, available at Cookie.

1.5 These Terms must be read in conjunction with the Attio Privacy Policy, available at Privacy Policy.

2 Intellectual property and acceptable use

2.1 All Attio Content, except for content you upload, included on the Website and Apps, is the property of Attio, our affiliates or other relevant third parties. In these Terms, “Attio Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Website or Apps. By continuing to use the Website and/or Apps, you acknowledge that such Attio Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the Website or Apps or these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website or Apps without Attio’s prior written permission.

2.2 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Attio Content without the express written permission of Attio.

2.3 As part of the Attio Services, Attio may make its API available to you in which case you agree to make calls to such API only to the extent necessary to access and use the Attio Services or, where you access the API in order to create or develop an integration app between Attio and a third party platform (“Integration App”), you agree to only make calls to such API to the extent necessary to create such Integration App in compliance with the Attio Customer Agreement. All use of the Attio Services, including use of the API, shall be subject to reasonable use as determine by Attio in its sole discretion.

2.4 You shall at all times comply with the Attio support documentation and Attio API documentation available here and here respectively. All use of the Attio brands, names, logos and assets must be pre-approved by Attio in writing; please contact Attio at [email protected] for this consent prior to any such use.

3 Prohibited use

You will not:

a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Attio Services, the Website or Apps unless such restriction is not permitted by law;

b) provide or resell the Attio Services through an Integration App, or otherwise;

c) modify, translate, or create derivative works based on the Attio Services, Website or Apps;

d) attempt to exceed or circumvent any express or implied limitations on use of the Attio Services, including, but not limited to, in relation to the number of calls to the API or related use thereof, storage and data enrichment functionality, such limits to be set by Attio from time to time and in its sole discretion and where such limitations may depend on the type of user access you or your company has purchased;

e) use the Attio Services, Website or Apps for timesharing or service bureau purposes or otherwise for the benefit of a third party;

f) remove any proprietary notices or labels from the Attio Services, Website, Apps or any materials or documents it publishes or makes available from time to time;

g) permit or facilitate any third party to access or use the Attio Services, Website or Apps or use or access the same on behalf of any third party (which includes operating any form of facility on behalf of any third party or operating a software bureau or similar service);

h) unless otherwise expressly permitted for the purpose of an Integration App and pursuant to the Attio Customer Agreement, create internet "links" to the Attio Services, Website or Apps, or "frame" or "mirror" any Content on any other server or wireless or internet-based device;

i) attempt to circumvent security, license control or other protection mechanisms, or tamper with, probe, scan, test the vulnerability of or hack into or otherwise disrupt the Attio Services, Website or Apps or any associated website, computer system, server, router or any other internet-connected device, including, without limitation, by overloading it or them with data or calls to the API;

j) employ any hardware, software, device, or technique to pool connections or reduce the number of devices or users that directly access or use the Attio Services, Website or Apps (sometimes referred to as 'virtualization', 'multiplexing' or 'pooling') in order to circumvent any restrictions on scope of authorized use contained in these Terms;

k) upload, store, post, email, transmit or otherwise make available by any means (including but not limited to through the Integration App) any virus, malware, Trojan horses, or any other similar harmful software;

l) upload, store post, email, transmit or otherwise make available by any means (including but not limited to through the Integration App) any content or data that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, threatening, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable or prohibited;

m) impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;

n) engage in any fraudulent activity or further any fraudulent purpose;

o) provide false identity information;

p) share passwords or API keys or otherwise allow any other person to access the Attio Services or API under your account or using your API key;

q) attempt to gain or enable unauthorized access to the Attio Services, Website or Apps or their related systems or networks, and will not permit any third party to do any of the foregoing;

r) develop or use an Integration App to provide products or services that conflict or compete with the Attio Services; and/or

s) develop or use an Integration App to access or use the Attio API for the purpose of monitoring the availability performance or function of the Attio Services or gathering any insights into the Attio Services in any respect (including but not limited to for benchmarking purposes).

4 Availability of the website & apps and disclaimers

4.1 The Attio Services and any online facilities, tools, services or information that Attio makes available through the Website or Apps, and the Website and Apps themselves are each provided "as is" and on an "as available" basis. We give no warranty that the Attio Services, Website or Apps will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Attio is under no obligation to update information on the Website or Apps.

4.2 Whilst Attio uses reasonable endeavours to ensure that the Website, Apps and API are secure and free of errors, viruses, and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

4.3 Attio accepts no liability for any disruption or non-availability of the Attio Services, Website or Apps, including the ability for you to access, create or use your Integration App.

4.4 Attio reserves the right to alter, suspend or discontinue any part (or the whole of) the Attio Services, Website and/or App, including, but not limited to, any products and/or services available therein. These Terms shall continue to apply to any modified version of the Website or Apps unless it is expressly stated otherwise.

5 Integration apps

5.1 You acknowledge and agree that where you develop an Integration App, you shall be fully responsible and liable for the Integration App including but not limited to its development, content, and maintenance. Attio shall have no obligation to provide support to any users of your Integration App (“App Users”) or to you for the access, use of, development or delivery of the Integration Apps.

5.2 You shall not publish or otherwise make available by any means, any Integration App unless the Integration App and any marketplace store Attio may provide in which such Integration App may be published has been first approved by Attio (which approval will be at Attio’s sole discretion) following any approval process Attio may undertake in its sole discretion.

5.3 We may verify information You provide to us during any reviews or approval process we may undertake , and you shall at all times keep such information updated and complete and accurate.

5.4 You shall not make available any Integration App accessible by accessible by any App User unless you provide clear and accurate information to App Users regarding the use of the Integration App and any processing of information provided by the App User, and the App User first agrees to App Terms which shall, as a minimum::

a) make it clear that use of the Integration App requires an App User to be a User and only grants such access right to the Attio Services as are strictly necessary for the App User to access their own Customer Data provided that they have the rights to do so in accordance with the terms of the Attio Customer Agreement;

b) include disclosures, including a link to your privacy notice, required for you to obtain App User consent or authorization to process the information that the App User provides;

c) make clear to the App User that the Integration App is created and made available by you and not Attio, and that Attio has no obligation to provide maintenance or support for the Integration App to you or the App User, or to fix any errors or defects in the Integration App;

d) prohibit the App User from reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Integration App, the Attio Services, the Attio Applications and/or the Attio API, unless such restriction is not permitted by law;

e) not grant any right or license whatsoever to the content or source code of the Integration App that would give such App User any right or license to Attio Content and/or any Attio’s Intellectual Property Rights; and

f) include all restrictions and limitations necessary to preserve Attio’s rights and obligations under the Attio Customer Agreement.

5.5 You shall be responsible for protecting the privacy and legal rights of the App Users. You shall provide legally adequate privacy notices to App Users and undertake any required data protection compliance steps as may be required by applicable data protection legislation. If any App Users provide you with any information including any personal information, you shall provide notice to such users that the information will be made available to Attio. If you become aware of any violation of the terms of these Acceptable Use Terms or the Attio Customer Agreement by an App User, you shall immediately terminate such App User’s access to the Integration App.

5.6 You acknowledge and agree that Attio shall be entitled to itself or through an authorized third party, perform any audit, test, or assessment (including but not limited to any penetration tests) on any Integration App (each an "App Test”), and you shall fully cooperate with Attio in connection with the conduct of any App Test, including by providing any assistance or information reasonably requested by Attio or any third party authorized by Attio to conduct an App Test. Without prejudice to any of Attio’s other rights or remedies, if any App Test reveals a failure by you to comply with any obligation under these Acceptable Use Terms and/or the Attio Customer Agreement, you shall promptly and at your own cost rectify any such failure and pay Attio’s costs in conducting any such App Test. You shall immediately remove any Integration App made available by you upon Attio’s instructions.

5.7 Attio may in its sole discretion suspend or end your access to the Attio Services and/or suspend or end your Integration App’s access to the Attio Services and/or the Attio API at any time with or without notice to you if Attio believes (in its sole discretion) that you are in breach of these Acceptable Use Terms and/or the Attio Customer Agreement or that such action is needed to protect Attio from legal or regulatory liability.

6 Limitation of liability

6.1 Nothing in these Terms will limit or exclude either party’s liability:

a) for death or personal injury resulting from their negligence;

b) for fraud or fraudulent misrepresentation; or

c) in any way that is not permitted under applicable law.

6.2 Attio will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

6.3 To the maximum extent permitted by law, Attio accepts no liability for any of the following:

a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b) loss or corruption of any data, database, or software; and/or

c) any special, indirect, or consequential loss or damage.

7 General

7.1 These Terms may be varied by us from time to time. Such revised terms will apply to Attio Services, the Website and Apps from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.

7.2 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

7.3 These Terms shall be governed by and interpreted according to the law of England and Wales and all disputes arising under these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. Notwithstanding the foregoing, if You are located in the United States then the Attio Terms are governed by the laws of the State of Delaware and you are expressly agreeing to the following mandatory arbitration of disputes:

a) These Terms and any separate agreements whereby we provide you Attio Services, and any dispute between you and Attio, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that this section is found not to apply to You or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Attio must be resolved exclusively by a state or federal court located in the State of Delaware, except that you or we are permitted to: (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure and if such court is located in the United States of America; (ii) bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding;

b) Except if you opt-out or for disputes relating to your or our intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and Attio (whether or not such dispute involves a third party) arising out of or relating to these Terms, the Attio Services, and/or our Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in the State of Delaware under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and you and we hereby expressly waive trial by jury. You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty (30) days after either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms;

c) Any claims brought by you or Attio must be brought in such party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree and acknowledge that neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You understand and agree that you may bring claims only on your own behalf;

d) You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your account information, if applicable, to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out: Attio Ltd, Suite 25.03, 25 Easton Street, London, WC1X 0DS, United Kingdom, and email [email protected].

e) Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Attio prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Website and shall not be effective as to any claim that was filed in a legal proceeding against Attio prior to the effective date of removal; and

f) This Agreement to Arbitrate will survive the termination of your relationship with us.

8 Contact details

Address: Attio Limited, 25 Easton Street, Office 25.3, WC1X 0DS, London, UK.

Except where otherwise required by applicable law or regulations, all communication and documentation sent to you by Attio will be in English. You may communicate with us in English.

For more information about this Website and our Apps, please contact us by email: [email protected].