Terms of Service

Last Updated: December 2024These Terms of Service ("Terms") apply to your access to and use of the websites, applications and other products and services, including email services, trainings, events, marketing services, review and message boards and various other message communication applications (collectively, our "Services") provided by {{location.name}}. ("{{location.name}}”, "we", or "us"). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms, and to use our Services in accordance with our Acceptable Use Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.If you have any questions about these Terms or our Services, please contact us at {{location.email}}.

## Eligibility and Authority

You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

## Accounts and Communications

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.By creating a {{location.name}} account, you consent to receive electronic communications from {{location.name}} (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

## Privacy

Please refer to our Privacy Policy ( {{location.website}} /privacy-policy) for information about how we collect, use and disclose information about you.

## Our Services and License

Our Services may allow you and other users to create, post, store and share marketing, communications, or other content, including, but not limited to, email, text or SMS messages, photos, videos, software and other materials, and review or message boards (collectively, "Marketing Content"). Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and {{location.name}}. You grant {{location.name}} a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services.As a part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. You may not create, post, store or share any Marketing Content that violates these Terms, including our Acceptable Use Policy ({{location.website}}), or for which you do not have all the rights necessary to grant us the license described above.When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) ("Contact Data"). We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows:- We may share Contact Data with our third party service providers to provide our Services or administer the site.- If any portion of {{location.name}} is sold, Contact Data may be part of the business assets we transfer.- Contact Data also may be disclosed if {{location.name}} is considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or part of the company.- We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants or orders.- We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Service or as otherwise required by law.We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list ("Global Exclusion List") so that they may no longer receive communications from our Services. If a requesting individual is a Contact in your database, we will use commercially reasonable efforts to notify you of such request before placing that Contact on our list.

## Prohibited Conduct

### Prohibited Activities on the Services

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. When you access or use our Services, you will not:- Engage in any harassing, threatening, intimidating, predatory or stalking conduct- Impersonate any person or entity, including without limitation, any {{location.name}} official, employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity- Use or attempt to use another user's account without authorization from that user and {{location.name}}- Access the Services by any means other than through the standard industry-accepted or {{location.name}}-approved application program interfaces- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner- Delete or revise any material, including Marketing Content, posted by another person or entity- Delete or modify any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature- Register, subscribe, attempt to register or subscribe, unsubscribe or attempt to unsubscribe, any party for any {{location.name}} product or Service if you are not expressly authorized by such party to do so- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services- Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services- Export or attempt to export certain data points, including but not limited to EGEO and ERJA data, that cannot be exported from the Services- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms

### Compliance with Laws

You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including but not limited to Export Control and Sanctions Laws (defined below) and those that relate to privacy and data protection and to the sending of electronic communications. You further represent and warrant that you have a lawful basis for processing and sending Marketing Content and communications to your customers, business contacts or followers who consent to receiving marketing messages from you or on your behalf ("Contacts"), whether through legally appropriate consents or otherwise.You will not provide {{location.name}} or upload to the Services, or take any actions with respect to, any Marketing Content or Contact Data for which you do not have a lawful basis for processing, permissions or consents in accordance with applicable data protection laws. You (and not {{location.name}}) are responsible for ensuring that you meet all notice and consent obligations for sending communications to individuals in the jurisdictions where they reside. For more information and tips, please see our Consent page. While our Services allow you to manage and access consents and other Contact Data, you acknowledge and agree that you, and not {{location.name}}, have sole responsibility for maintaining all records relating thereto.You are solely responsible for determining whether our Services are suitable for use in light of any laws and regulations that govern your entity, industry, or relationship with your own Contacts, including but not limited to consumer protection, privacy, advertising, intellectual property or other laws. You may not use our Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.You further represent and warrant that your use of the Services, including the information that you upload to or make available through the Services will not cause {{location.name}} to violate any applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. We may suspend or restrict your access to or use of the Services if we suspect that your Marketing Content includes spam or otherwise duplicative or unsolicited messages in violation of applicable laws.

### Web Personalization Feature

If you are on a Professional or Enterprise subscription plan, you may access our Web Personalization feature, which allows you to create personalized versions of your webpage ("Experiences") for your Contacts. Experiences are created by changing the text, image, link or button text (each, an "Element") displayed to your Contacts based on your segment conditions. The aggregate number of unique Experiences that you may create, using a combination of different Elements and segments, is limited to ten (10) times your Contact limit. Your failure to adhere to such limit may result in interruption, suspension or termination of the Services.

### Reporting Abuse

If you think anyone using the Services is violating any of these Terms, please notify us immediately.

## Terms of Sale

### Subscriptions

When you sign up for our Services, you agree to a recurring subscription contract with {{location.name}} on a monthly, quarterly, annual, or other temporal basis that you select when signing up for the Services. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) {{location.name}} (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY, QUARTERLY, ANNUAL, OR OTHER BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. For more information about pricing and subscription plans, please visit our Pricing page.

### Cancellation

You may cancel your subscription at any time by logging into your account and following the instructions on your account dashboard for cancellation or by contacting us. Such cancellation notice must be sent by the designated account owner or an authorized signatory. Inactivity does not constitute automatic cancellation, so unless you cancel your account in accordance with this section, you will continue to be charged for subscription to the Services. All cancellation requests will take effect at the end of then-current subscription period in which the cancellation request is made, and you will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date.In the event you cancel your subscription, please note that we may still send you promotional communications about {{location.name}}, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.If you are interested in cancelling your subscription, we may provide you with the option of pausing your subscription for a certain period of time. During the pause period, your account will remain active in our system, and we will retain the data, including Contact Data, associated with your account. The collection, use and disclosure of such data will continue to be subject to our Privacy Policy.

### One-Time Purchases

Some features of our Services, such as templates, may be offered as a standalone, non-subscription product. We will charge your payment method at the time of such purchases as a one-time purchase.

### Free Trials

From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified period of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

### Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method. In addition, you authorize (or our third party payment processor) to charge your payment method for the total amount of your subscription fees (and applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended until your payment is processed. You must resolve any problem we encounter in order to proceed.You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.If you are in Brazil, the following applies to you: in order to enable remittance of funds for the payment of goods, products and/or services purchased from merchants abroad, you appoint PPRO Brasil Ltda. as your attorney-in-fact to, on your behalf, sign foreign exchange agreements and other agreements that may be necessary to effect the respective remittance of funds, including the power to negotiate terms, rates, renegotiate fees, or even in whole or in part supersede the mandate granted.

## Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the "{{location.name}} Content") are owned by or licensed to {{location.name}} and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, {{location.name}} and our licensors reserve all rights in and to our Services and the {{location.name}} Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and {{location.name}} Content for (i) your own personal use or (ii) if you are a business or organization, to communicate about your business or organization with your Contacts. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or {{location.name}} Content; (b) copy, reproduce, distribute, publicly perform or publicly display {{location.name}} Content, except as expressly permitted by us or our licensors; (c) modify the {{location.name}} Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or {{location.name}} Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or {{location.name}} Content other than for their intended purposes. Any use of our Services or {{location.name}} Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

## Third Party Content and Services

We may display content, advertisements and promotions from third parties through the Services ("Third Party Content"). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties. If {{location.name}} requires you to accept additional terms, conditions, or obligations in connection with your use of third party services or third party integrations ("Third Party Terms"), we will provide you advanced notice and obtain your authorization or acceptance of such Third Party Terms, which shall include your continued use of such services or integrations.We may also provide you with access to certain services, features or functionality offered by a third party in connection with the Services. Use of any such services, features or functionality will be subject to separate terms of service between you and such third party, and not these Terms. The third party provider, and not {{location.name}}, will be solely responsible for providing you with such services, features or functionality.If you use the Services to purchase a domain name, we will purchase it on your behalf from Cloudflare, Inc., and {{location.name}}. will be the listed registrant. You must use the domain name in compliance with these terms of service as well as CloudFlare's Domain Registration Agreement, Self-Service Subscription Agreement, Privacy Policy, and Registrant Rights and Responsibilities. If requested by You in writing, we will transfer the domain name to you. A transfer fee may apply. You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, arising from your use of such domain, including any breach of these Terms, CloudFlare's terms, and/or any violations of applicable laws as it pertains to use of the domain name. As per ICANN rules, domains once purchased cannot be transferred out to different DNS provider before 60 days of the domain purchased.

## Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about {{location.name}} or our products or Services (collectively, "Feedback"), is non-confidential and will become the sole property of {{location.name}}.