The agreement
In short
Using DatabaseBuilder means agreeing to these terms. If you sign up for a business, you’re agreeing on its behalf.
These Terms & Conditions (the “Terms”) are an agreement between you and DatabaseBuilder.com (“DatabaseBuilder,” “we,” “us” or “our”). They cover your use of databasebuilder.com (the “Site”) and the DatabaseBuilder CRM (the “Service”).
By starting a trial, creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you’re signing up for a company or other organization, you confirm that you’re authorized to accept these Terms for it, and “you” means that organization.
If we agree a written quote with you, for example for custom development, the quote applies to that work, and where it conflicts with these Terms, the quote wins for that work.
You must be at least 18 and use the Service for business purposes. If you don’t agree with these Terms, please don’t use the Service.
Accounts and users
In short
Keep your logins private. You’re responsible for the people you add to your account.
- Give us accurate information when you sign up, and keep it up to date.
- Each user license is for one named person. Logins can’t be shared between people.
- You’re responsible for everything done under your account, including by the users you add, and for keeping passwords secure.
- Your account administrators control who has access, and can lock accounts and transfer records when someone leaves.
- Tell us straight away at info@databasebuilder.com if you think someone has got into your account without permission.
Free trial
In short
Seven days, no card required. If you don’t subscribe, the trial simply ends.
New customers can try the Service free for 7 days. You don’t need to give us payment details to start a trial.
When the trial ends, you’ll need a paid subscription to keep using the Service. If you don’t subscribe, your trial account closes and its data may be deleted, so export anything you want to keep before the trial ends.
Features that rely on paid third-party usage, such as dialer minutes, SMS and phone numbers, may be limited during a trial. Trials are one per business, and we may change or end trial offers at any time.
Plans, billing and usage
In short
Two monthly plans, Individual and Business, with usage billed separately. No setup fees.
- Subscription. Your plan is billed monthly at the price on our Pricing page or in your quote. The Individual Plan is for one user. The Business Plan includes up to three users, and more user licenses are available at the listed monthly rate.
- User licenses. If you pay monthly, you can change the number of user licenses from month to month.
- No setup fees. There’s no charge to get started.
- Usage charges. Dialer minutes, SMS messages and additional phone numbers are third-party services billed separately each month. You can buy them in bulk or pay as you go with auto-refill. If you turn auto-refill on, you authorize us to charge you each time your balance is topped up.
- Custom work. Custom programming and integrations are quoted and billed separately.
- Taxes. Prices don’t include taxes, and you’re responsible for any taxes that apply to your purchase.
You authorize us, through our payment processor, to charge your payment method for all fees when they’re due. If a payment fails, we’ll let you know, and if it isn’t resolved, we may suspend the Service until it is.
We may change our prices. We’ll give you at least 30 days’ notice, and the new price applies from your next billing period after that. Except where the law requires otherwise, fees you’ve already paid aren’t refundable.
Cancelling and your data
In short
No long-term contract. Cancel with 30 days’ notice and take your data with you.
You can cancel your subscription at any time by giving us 30 days’ notice, for example by emailing info@databasebuilder.com. Your subscription stays active, and is billed, until the end of the notice period.
When you cancel, we’ll ask you what you want done with your data. You can download it to a CSV file at any time, before or after you give notice. We don’t hold your data hostage.
We may suspend or end your access if you seriously or repeatedly breach these Terms, don’t pay what you owe, or use the Service in a way that’s illegal or puts others at risk. Where it’s reasonable, we’ll warn you first and give you a chance to put things right, and we’ll give you a chance to export your data unless the law prevents it.
Your data
In short
You own what you put in. We use it only to run the Service for you.
You keep all rights to the data you put into the Service (“Customer Data”). You give us permission to host, copy, process, transmit and display it only as needed to provide the Service and support to you, as described in our Privacy Policy.
You’re responsible for your Customer Data: that it’s accurate, that you have the right to use it and that you collected it lawfully.
We back up Customer Data offsite every day, but we still recommend exporting copies of anything critical to your business from time to time.
If you send us ideas or suggestions for the product, we’re free to use them without any obligation to you.
Calls, recordings and messages
In short
The calling, recording and texting tools are powerful. You’re responsible for using them within the law.
- Recording and monitoring calls. Recording laws differ from place to place, and some states, including Illinois, require the consent of everyone on the call. Before you record or monitor a call, or use whisper coaching on it, you must give any notice and get any consent the law requires.
- Calling and texting rules. You must follow the laws and carrier rules that apply to sales calls, texts and email, such as the Telephone Consumer Protection Act, the Telemarketing Sales Rule, Do Not Call rules and CAN-SPAM. That includes getting consent where it’s required, honoring opt-outs and calling only at permitted times.
- Your own team. If you use recording, monitoring or activity reporting on your staff, you’re responsible for telling them and for following employment and privacy laws.
- Phone numbers we provide are supplied by telecommunications carriers and are subject to their rules.
The Service isn’t a replacement for a telephone line and must not be used for emergency calls. It isn’t designed to place calls to 911 or any other emergency service.
Acceptable use
In short
Don’t use DatabaseBuilder to break the law, spam people or break the Service.
You agree not to, and not to let anyone else:
- use the Service for anything illegal, fraudulent or deceptive;
- send unsolicited bulk messages, or make automated or prerecorded calls without the consent the law requires;
- harass, threaten or abuse anyone;
- upload content you don’t have the right to use, or anything containing viruses or other harmful code;
- try to get into accounts or systems you’re not authorized to use, or probe or test the Service’s security without our written permission;
- copy, reverse engineer or resell the Service, except where the law allows it or we agree in writing;
- put an unreasonable load on the Service, for example with automated scraping.
Support and changes to the Service
In short
Support from real people is included, and we keep improving the product.
Support is included in your subscription. We do our best to have team members available to answer your questions, and we’re happy to import your data for you at no extra cost.
We work to keep the Service available and reliable, but we can’t promise it will always be uninterrupted or error-free. We sometimes need to take it offline for maintenance, and some features depend on carriers and other providers outside our control.
We may add, change or remove features over time. If a change significantly reduces the core features you’re paying for, we’ll tell you in advance.
Our software and brand
In short
The software is ours. Your data is yours.
DatabaseBuilder owns the Service and the Site and everything in them, including the software, design, text, and our name and logo, but not your Customer Data. While your subscription is active, we give you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes. We keep every right we don’t expressly give you.
Other companies’ services
In short
Some features rely on other companies, and their terms may apply too.
Parts of the Service rely on third parties, such as telecommunications carriers, messaging and email providers, and our payment processor. If you connect other software to the Service, for example through our API, your use of that software is governed by its own terms. We aren’t responsible for services we don’t control.
Disclaimers
In short
We work hard to make DatabaseBuilder reliable, but it’s provided as is.
To the fullest extent the law allows, the Service and the Site are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We don’t promise any particular sales results. The features that help you manage calls and messages are tools, not legal advice, and you’re responsible for making sure the way you use them is lawful.
Limit of liability
In short
If something goes wrong, our total liability is limited to what you paid us in the 12 months before it happened.
To the fullest extent the law allows, DatabaseBuilder won’t be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising from or related to these Terms or the Service, even if we were told they were possible.
Our total liability for all claims arising from or related to these Terms or the Service is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the claim.
Some places don’t allow these limits, so they may not all apply to you.
Indemnity
In short
If your use of the Service breaks the law and someone makes a claim against us, you’ll cover it.
You agree to defend and indemnify DatabaseBuilder, and its owners, employees and agents, against any third-party claims, losses and costs (including reasonable legal fees) arising from your Customer Data, from your use of the calling, recording or messaging features in breach of the law, or from your breach of these Terms.
Governing law and disputes
In short
Illinois law applies. If there’s a problem, talk to us first.
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. Any dispute will be heard only in the state or federal courts located in Cook County, Illinois, and you and we both agree to the jurisdiction of those courts.
Before starting any legal claim, please email us at info@databasebuilder.com and give us 30 days to try to resolve it informally.
Changes to these terms
In short
If we change these terms in a significant way, we’ll tell you before the change takes effect.
We may update these Terms from time to time, and the date at the top shows the latest version. For significant changes, we’ll give account holders at least 30 days’ notice by email or in the Service. If you keep using the Service after a change takes effect, you accept the new Terms; if you don’t agree, you can cancel as described in Cancelling and your data.
General
In short
The standard provisions that make the agreement work.
- Entire agreement. These Terms, our Privacy Policy and any written quote are the whole agreement between us about the Service.
- Severability. If any part of these Terms can’t be enforced, the rest stays in effect.
- No waiver. If we don’t enforce a right straight away, we haven’t given it up.
- Assignment. You can’t transfer these Terms without our written consent, except as part of a merger or sale of your business. We may transfer them to a successor.
- Events beyond anyone’s control. Neither of us is responsible for delays caused by events outside reasonable control, such as carrier outages, natural disasters or internet failures. This doesn’t excuse payments that are due.
- Notices. We’ll send notices to the email address on your account. You can send notices to info@databasebuilder.com or to our mailing address below.
- Relationship. We’re independent businesses. Nothing in these Terms creates a partnership, employment or agency relationship.
Contact us
In short
Questions about these terms go to a real person.
Email info@databasebuilder.com, or write to DatabaseBuilder, 3312 W Peterson Ave, Chicago, IL 60659.