Terms of Service

If you are seated in the United States or Canada and have subscribed for GetResponse Service before November 6, 2018, your use of our Service is governed by these Terms: http://www.getresponse.com/legal.

If you are seated in the United States or Canada and have subscribed for GetResponse Service after November 6, 2018, your use of our Service is governed by the Terms below:

General provisions

GetResponse Inc., a Delaware corporation with principal office at 71 Summer Street, 5thFloor, Boston Massachusetts 02110 (“GetResponse”, “we”, “us”) is the provider of certain online marketing and related services known as the GetResponse Service (the “Service”). The Service is a business-to-business service only. We conclude agreements only with customers who subscribe to the Service for purposes relating directly to their trade, business or profession. These Terms of Service (the “Terms of Service”) set the rules for the use of the Service by our customers.

By clicking the button to subscribe to the Service the company, organization, or other business entity identified during the registration process (“you” or the “Customer”) thereby accepts and agrees to these Terms of Service and agrees to use the Service in compliance with the provisions of this document. If an individual is subscribing to the Service, that individual thereby represents and warrants to us that she or he is authorized to do so (and is thereby doing so) on the Customer’s behalf. You should retain a copy of these Terms of Service for your records, as upon clicking the button to subscribe to the Service, they constitute a legal agreement between you and GetResponse. If you do not agree with any of the provisions of this document, you may not subscribe to or use the Service. We reserve the right to reject your request, registration or application for subscription to the Service (“Subscription”) for any or no reason as long as it is not an unlawful reason.

Service

General

Under the Service we provide you with:

  1. access to and use of our web-based, SaaS (Software-as-a-Service) model platform (the “GetResponse platform”) as made generally available to other Customers, that allows you to create, send, manage your marketing campaigns and host mailing lists on GetResponse platform by using tools such as: Newsletter Creator, Landing Page Builder, Marketing Automation Software, and many others,
  2. Customer Service as described below,
  3. additional features (add-ons), if separately ordered and paid for by you.

The detailed scope of Service features available to you under your Subscription (“Subscription Plan”) is provided at GetResponse Pricing, and depends on the “Pricing Option” and “List Size” that you choose.

You may use the Service to send emails only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Contacts”), unless you have another valid legal basis to process your Contacts’ personal data within the Service.

Account

In order to use the Service, you must create an individual account in the GetResponse platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of other users of your Account (“Collaborators”). Certain features of the Service enable you to specify the level at which the Service restricts user access to the Account, Webinars (defined below) and Content (defined below). You are solely responsible for applying the appropriate levels of access.

Free Trial

GetResponse offers a 30-day free trial version of the Service ("30-Day Free Trial"). Within the 30-Day Free Trial you may host up to 1000 Contacts in your mailing list and the Service is rendered for 30 days. It may also be limited in other ways. You may create only one Free Trial Account. You may upgrade the 30-Day Free Trial to a paid version at any point. However, Accounts which have not been upgraded to a paid version within the trial period or within 60 days after the trial period ends, will be permanently disabled.

Upgrade

You may upgrade your Subscription Plan or order an add-on at any time. If you purchase an add-on during the period for which you have subscribed to the Service (the “Subscription Period”), we will align your add-on billing cycle with your Subscription Plan monthly cycle, so that the payment dates for all services under your Subscription Plan are in line. The initial add-on will therefore be calculated in proportion to the number of days remaining until the end of the then current monthly cycle in your Subscription Plan.

Domains

In connection with the provision of the Landing Page Builder add-on, we enable you to integrate your landing page(s) either with sub-domains provided by us or with your own domains. You are solely responsible for verification whether any selected domain or sub-domain name infringes any third party rights, as we cannot and do not perform such verification and we expressly disclaim any and all liability arising directly or indirectly in connection with any such domain or sub-domain names. We reserve the right to block any domain or sub-domain, cancel or change the name of any domain or sub-domain that you select, including but not limited to, if we are ordered to do so by a court or other governmental authority or reasonably believe that we must do so in order to avoid infringement or violation of any third party or GetResponse right.

Webinars

The Webinar feature allows you to organize on-line conferences (“Webinars”) for a certain number of participants (“Participants”). You may use this feature for conferences in which you take part as an active Participant.

When organizing a Webinar, you are solely responsible for notifying all Participants that personal data and information disclosed during the conference can be transmitted to other Participants and third parties. You are also obliged to inform Participants that the use of the Webinar feature is subject to these Terms of Service and the GetResponse Privacy Policy, including but not limited to, applicable restrictions regarding prohibited practices and technical requirements.

You are not allowed to run more than one Webinar at a time within one Account. Please bear in mind that Webinars may be unavailable in any particular location.

Third Party Services

You may integrate certain third-party services with the Service. These third-party services are not provided by GetResponse. Your ability to use such third party services may be limited pursuant to the third party’s terms and conditions. When you integrate a third party service with the Service, you authorize us to exchange any of your data, whether confidential or not, with the third party service in order to enable such integration. Any links to a third party service or website that you find in the Service or on getresponse.com or any other website or web page owned or controlled by GetResponse (collectively, the “Websites”) are provided for convenience only and we do not control or endorse any material or information found on those third party services sites.

Beta-test Versions

From time to time GetResponse may offer a beta-test version of new features. This allows our Customers to try new solutions we come up with and helps us better understand your needs and develop the Service accordingly. If you decide to use a feature available in beta-test version, you agree that:

  1. The feature is available only for a limited period of time and can be deactivated at any time and at our sole discretion;
  2. The feature is available only to a limited extent and may be modified at any time and at our sole discretion;
  3. GetResponse does not warrant that any feature made available in a beta-test version will be included in the Service, we are not obliged to maintain or support any such feature, and we may cease development of any such feature at any time and at our sole discretion;
  4. You are solely responsible for consequences of using the beta-test version, including but not limited to, any impact such use may have on your Account settings, set or planned campaigns, collected data and other information, or otherwise. Please remember that once we deactivate a beta-test version of a feature, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information cannot be reversed, and GetResponse shall bear no responsibility or liability for any consequences resulting therefrom;
  5. At the end of a beta-test version period, one or more beta-tested features may be made available for a separate fee (e.g. as a paid add-on), or as a component of particular pricing options only. Customers interested in using such features may need to upgrade their Accounts to a more advanced pricing option in order to use such features.

Technical Requirements

The Service will operate with the latest official version of Internet Explorer, Mozilla Firefox, Google Chrome and Safari web browsers. In order to use the Service, it is necessary that you have a device that allows you access to the Internet, have an email and a website browser installed with plugins that allow Flash technology and with "cookies" and JavaScript enabled, as well as email. In order for the Webinar feature to work properly, a camera and/or microphone and a headset or loudspeaker must be on and not used by another application. You expressly acknowledge and agree that GetResponse is not responsible for satisfying the foregoing requirements, and that the quality of files sent, posted, streamed, published or otherwise transmitted using the Service may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of the Service.

Use of the Service

Upon successful registration and Subscription to the Service, you agree to:

  1. observe these Terms of Service, the GetResponse Privacy Policy, the GetResponse Anti-Spam Policy and all other policies developed, published or adopted by GetResponse in connection with the Service (each as amended and in effect from time to time);
  2. use the Service for purposes directly related to your trade, business or profession;
  3. maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
  4. send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
  5. conform to all applicable laws, regulations, rules and requirements (“Legal Requirements”) relating to the transmission of emails (including but not limited to, commercial emails), the processing and transmission of personal data, U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including but not limited to the Legal Requirements in force in your country of residence;
  6. keep all login credentials provided to you secret and confidential;
  7. receive commercial and marketing information about GetResponse products and services.

If you:

  • offer goods or services to data subjects in the European Economic Area (the "EEA"), irrespective of whether a payment is required, or
  • monitor behaviour of data subjects in the EEA,

you represent and warrant that in using the Service, in particular in creating lists of Contacts, sending e-mails and collecting personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states. In particular you are obliged to:

  1. clearly inform data subjects about means and purposes of the processing of personal data, including for processing in the Service;
  2. obtain and maintain express and valid consent of the data subject to transfer their data to GetResponse and to be processed in order to send them electronic communication by GetResponse on your behalf;
  3. agree to indemnify and hold GetResponse harmless from any losses resulting from breach of the above warranties and obligations.

Accepting these Terms of Service you engage GetResponse in processing of the personal data necessary to provide you with the Service on terms and conditions stipulated in Data Processing Agreement, which constitutes an integral part of these Terms of Service.

Data Processing Agreement

This Agreement is also available to download in the Customer’s Account at any time.

By subscribing to the Service, you represent and warrant that:

  1. you are not located in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and
  2. you are not listed on any U.S. government list of prohibited or restricted parties.

Payments

You are obliged to timely pay all applicable Subscription fees for your use of the Service in accordance with the Pricing Option, List Size and Subscription Plan you have chosen, and these Terms of Service. We offer a variety of different Subscription Plans, monthly, annual and two-year Pricing Options, and List Size tiers that vary by Subscription Plan. Current Subscription Plans, Pricing Options and List Size tiers are available at: GetResponse Pricing.

Access to the Service is provided to you after we have received the applicable subscription fee, calculated on the basis of the Subscription Plan, Pricing Option and List Size you have chosen (pre-paid subscription).

You may pay for the Service using a credit card. You hereby agree to pay fees in the form of a recurring payment, under which the subscription fee is processed automatically based on the Subscription Plan, Pricing Option and List Size you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription ("recurring payment date"). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Service is terminated. In the event that the credit card you provided us expires or any credit card information changes or becomes out of date, in order to procure continuity and avoid Service interruptions, you hereby authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number, and to continue billing on the same terms using the updated or replacement information. We are not responsible for any fees charged by payment services providers.

We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days and two years have 720 days.

The number of your Contacts is the peak number of all Contacts within your Account - the exact number is visible in the Search Contacts tab. Please bear in mind that we monitor for the peak number of Contacts accumulated in all your campaigns in a given month, which means that Contacts are unique within each campaign, but not within the entire Account. As regards the Landing Page Builder add-on we count the number of unique visits on a published landing page in a given month.

If you exceed the number of Contacts (referred to as the “List Size” in GetResponse Pricing) that you initially chose, the following rules will apply:

  1. you will pay an additional fee (a “List Extension Fee”) equal to (i) the monthly subscription fee for the Subscription Plan and Pricing Option at the List Size tier sufficient to cover the number of Contacts for that month, minus (ii) the Subscription Plan and Pricing Option that you initially chose, at your initial List Size tier;
  2. if you exceed the maximum List Size provided for your Subscription Plan and Pricing Option at GetResponse Pricing, the List Extension Fee will be the sum of the amount calculated in accordance with 5(a) above, plus $ 4 for every started block of one thousand (1,000) Contacts over that maximum List Size;
  3. if you surpass the List Size you have chosen and paid for by four levels, your ability to add more Contacts will be blocked. In such cases you should contact our Compliance Team. After we confirm that exceeding the limit does not infringe law, our policies or these Terms of Service, we will unblock the ability to add more Contacts;
  4. all additional payments mentioned above must be paid in the month directly following the month in which the List Size was exceeded.

We reserve the right to change the fees for the Service and add-ons at any time by posting a new pricelist to GetResponse Pricing. The new pricelist applies to all new Accounts and upgrades.

All fees are exclusive of taxes. Where appropriate, value added tax (VAT), goods and services tax (GST) or any other tax on sales (irrespective of the designation of the tax adopted in various jurisdictions) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT, GST or any other tax on sales purposes in your country. At our request, you will provide us with the VAT, GST or any other tax on sales registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

Please note that some taxes depend on the region, province, state, town or district where you are located. You need to provide us with your correct address at all times, as we do not bear any responsibility resulting from wrong calculation of taxes due to inaccurate or wrong indication of address by you.

Prohibited practices, content and industries

You are not allowed to use the Service, or use, post or transmit any Content (defined below) to or within the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international law, good industry practice, these Terms of Service, our Privacy Policy, our Anti-Spam Policy or any copyright or other right of a third party. Without limiting the foregoing, each of the practices specified here is considered a violation of these Terms of Service and grounds for termination of your Subscription.

Certain Content may be illegal or result in higher than normal bounce rates and abuse complaints, which may affect the deliverability of GetResponse’s platform to you and others. You acknowledge the foregoing and agree that you will not use the Service to stream, disclose, engage in, offer to sell, and/or promote, either directly or indirectly, any goods or services identified here, and that doing so is considered a violation of these Terms of Service and grounds for termination of your Subscription.

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service or any Website. You further agree not to take any action that imposes unreasonable or disproportionately large load on the Service, any Website, or any network or other Service infrastructure.

We do not pre-screen or control Customer’s activity related to the use of the Service. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any Content, suspend email campaigns, block Customer’s landing page, stop Webinars, suspend access to the Service or any part thereof, with or without notice, at our sole discretion if we reasonably determine that Customer’s, Collaborator’s or Participant’s activity or the Content violates any applicable provision of the law, our policies, these Terms of Service, any third party right or is otherwise objectionable. In the aforementioned situations, without in any way limiting the disclaimer and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

Fair Usage Policy

In order to help ensure the quality and accessibility of the Service to our Customers, you agree not to use the Service or features thereof in a manner that is excessive or unreasonable relative to other Customers under similar Subscription Plans, Pricing Options and List Sizes.

Please note that we do not impose quantity restrictions on features such as number of sent emails, or landing pages, and that access to tools and features made available to you for “unlimited” use as part of the Service is not restricted if used in accordance with this Fair Usage Policy. However, we monitor various parameters on a case by case basis to identify and prevent excessive or unreasonable use that may adversely affect other Customers or performance of their campaigns.

Should our Compliance Team determine in its sole discretion that your use of the Service or any feature thereof is excessive or unreasonable, overloads our systems and as a result, detrimentally affects other Customers, we will promptly advise you on how to reduce your usage.
If you do not follow that advice, and your usage continues to affect other Customers, you agree that we may immediately suspend or terminate your access to the Service in whole or in part and that you will not be entitled to a refund of any amounts previously paid. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstances shall we be liable for the consequences of any measures taken pursuant to this paragraph.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others, and we ask our Customers to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of Customers who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Service;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: GetResponse Inc.
71 Summer Street, 5thFloor, Boston Massachusetts 02110, USA
By phone: +48 58 668 31 33
By email: dmca@cs.getresponse.com
You can also use our contact form.

Content

Any and all information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Service, including but not limited to on your landing page(s) or during Webinars, or that your landing page visitors or Participants upload, post or stream on your landing page(s) or during Webinars (“Content”), are solely your responsibility. Content also includes any links to other websites or resources or other third-party services that you use. We do not claim ownership of the Content and you (or your landing page visitor/Participant, as applicable) retain all right, title, and interest in and to the Content. Notwithstanding the forgoing, the term “Content” does not include any materials that you take from our resources, including but not limited to from Multimedia Studio and our collection of predesigned templates. You agree that we can present your landing page in our marketing materials, in particular case studies.

You are entitled to use materials that we render available to you solely to use the Service for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources (in particular the Multimedia Studio) may include materials that are subject to third party copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in email campaigns and on your landing page(s) or Webinars. If you do not satisfy any such demand, we will be entitled to delete such materials at our sole discretion. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

If you post, upload, send, stream or otherwise make available Content through third parties or which belongs to a third party, you are obliged to adhere to such third party terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service.

You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content or the activity of your landing page visitor or Participants violates the law or the third party rights.

Customer Service

We provide Customer Service via Email or Live Chat. When requesting customer service or submitting a complaint, you should provide at least your Account name - we do not reply or take any action based on "anonymous" support requests. Customer Service contact details are available at getresponse.com and within your Account under the “Support” tab. Most customer service enquiries are responded to within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.

Cancellation

You may cancel your Account at any time in accordance with this Section 9. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account you must follow the instructions provided on this webpage. Please note that if you cancel your Account, your Subscription will be terminated with immediate effect. The GetResponse platform allows for restoring the Account (along with all data and Contacts List) within 60 days from the date of its deactivation (regardless of the reasons for the deactivation). Restoration of the Account is subject to prior payment of the Subscription fee for the then next Subscription Period for the Service. We reserve the right to refuse to restore any Account without reason (including but not limited to, if we cancel the Account due to our termination of your Subscription or suspension of the Service).

Termination

We reserve the right to terminate or suspend your Subscription with immediate effect and refuse you any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service or any other agreement with GetResponse, or cancel your Account. Without limiting the foregoing, the activities specified here each constitute a violation of our Terms of Service and grounds for immediate termination and or/suspension of your Subscription.

We also reserve the right to terminate or suspend your Subscription to the Service at any time, without cause, with immediate effect, without incurring any liability as a result.

Termination and suspension as well as downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, or related matters. Once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

30-Day Free Trial; Refund Policy

30-Day Free Trial: this version of our Service requires no credit card for signup. This gives you a zero-charge way to try our Service for 30 days. If you decide to upgrade at any time during the 30-Day Free Trial, the free trial ends and your Account is upgraded to a Paid Account.

Paid Account: When you purchase a Paid Account or upgrade from a 30-Day Free Trial to a Paid Account, the GetResponse billing system charges your credit card for the initial billing period (i.e. the 30-day, one year, or two-year Subscription Period, depending on your Pricing Option). After that, the billing system automatically renews your Account every 30 days if you choose the monthly plan, (every 360 days if you choose the annual plan or 720 days if two-year Subscription is chosen) and charges the appropriate amount to your credit card.

Cancellation/Termination: if you cancel your Account or if we terminate your Subscription for cause as specified in Section 10 above, no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.

Refund Policy: our Service is a pay-as-you-go service. Therefore, except as expressly provided below, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for a new billing period. For example, if we charge your credit card on August 10th, and you cancel your Account on August 15th, you are still responsible for paying for the entire Subscription Period (30 days, one year, two years, depending on your subscription Plan). Upon cancellation or termination, no subsequent charges will be applied to your credit card, but the amounts already charged are not refunded.

Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable. Therefore, termination of the Service does not release you from the obligation to pay all and any fees already due as per our Refund Policy.

Notwithstanding the above, if we terminate your Subscription without cause, then we will refund a pro rata portion of the amount you already prepaid for the portion of the Subscription remaining after the effective termination date.

Please note that cancellation or termination does not release you from the obligation to pay any fees already due as of the effective cancellation or termination date.

Privacy

Our data protection practices are set forth in the GetResponse Privacy Policy, which is available at: https://www.getresponse.com/legal/email-privacy-us. By using the Service, you agree to the terms of the GetResponse Privacy Policy.

Copyright and Trademarks

The Service, all GetResponse software, and the content included on the Websites (such as text, graphics, logos, button icons, images, audio clips and software) (collectively, the “GetResponse Property”), are the property of GetResponse or its content suppliers and protected by United States, and international copyright laws. No part of the GetResponse Property may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.

“GetResponse” is a registered trademark of GetResponse in the United States, the European Union, as well as in other countries. Without our express consent, our trademarks, service marks, logos and other indicia of source may not be used in conjunction with other entities' products or services in any manner whatsoever, including but not limited to in any way that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products and/or services.

Service accessibility

We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Service or any of the Websites, at any time without prior notice.

Disclaimer of Warranties. Limitation of Liability

You acknowledge and agree that GetResponse provides the Service and Websites on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose.

You are solely responsible for your use of the Service, any of the Websites and any and all Content, Webinars and email campaigns that you develop, operate or send using the GetResponse platform. It is your duty and responsibility (and not ours) to back up all your files and data stored on our servers and under no circumstances will we be liable for any loss or damages due to loss of such files and/or data stored on our servers.

Without limiting the foregoing, GetResponse is not responsible or liable to you for any:

  1. actions or omissions of any third party, including but not limited to Collaborators or Participants, and other third parties using your Account with login credentials, passwords or details obtained from you or in other circumstances beyond GetResponse's reasonable control;
  2. failure of external conditions, networks or telecommunications devices or equipment necessary to use the Service that are provided by third parties or otherwise beyond GetResponse's reasonable control;
  3. problems of any kind with features used within test versions, including but not limited to beta-test versions;
  4. insufficient or fluctuations of the bandwidth used by Customer, Collaborator or Participant which may affect Content quality.

To the maximum extent permitted by law, you agree that in connection with these Terms of Service, the Service and/or use thereof: (i) GetResponse, its employees, directors, officers or representatives shall not be liable for any indirect, incidental, punitive, special or consequential damage or loss (even if advised of the possibility of such damage), however caused and irrespective of the nature of the cause of action, demand or claim and (ii) GetResponse's entire liability to you for any and all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, judgements, and awards arising under or in connection therewith (each a “Claim”), in the aggregate, regardless of the form and cause of action, shall not in any event exceed the equivalent of amount payable for the Service for one settlement period (settlement period shall mean, respectively, monthly period or 30 days) paid by the Customer in the settlement period immediately preceding the date when the event causing the Claim occurred, with the exclusion of any amounts representing setup fees, List Extension Fees, paid add-ons fees, or any other extra charges. The Customer hereby releases GetResponse, its employees, directors, officers and representatives from any and all Claims in excess of the aforementioned limitation.

Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of the Service, and whose activity is independent of the parties hereto.

You agree to indemnify and hold GetResponse, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from (i) any failure by you or any individual using your login credentials to comply with your obligations under these Terms of Service, (ii) violation of any law, or of the rights of any third party by you, your Collaborator, or any of your landing page visitors or Participants, (iii) your use of any third party service or integration of the Service with any third party service, or (iv) any Collaborator’s or Participant’s Content or activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.

Final Provisions

The GetResponse Anti-Spam Policy and Privacy Policy are each hereby incorporated into and constitute an integral part of these Terms of Service. You and GetResponse are each intended to be independent contractors, and not employees, partners or joint ventures of one another, and neither shall have any authority to bind or incur any obligation or liability on the other’s behalf. If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. GetResponse reserves the right to change any of the provision of these Terms of Service as well as any supporting documents at any time by posting the revised document on Website and/or by sending an email to the last email address you have given to GetResponse. These Terms of Service and supporting documents shall be effective immediately upon posting on Website with respect to any continued or new use of the Service, unless you terminate these Terms of Service within 10 (ten) days of such posting. Your continued use of the Service after 10 (ten) days following the posting a revised version of the Terms of Service or any supporting or related documents constitutes your acceptance of such revised Terms of Service and/or supporting or related documents. The most current version of these Terms of Service is available at: www.getresponse.com/legal/terms-us. We may assign rights and obligations arising from this agreement to any company controlled by or under common Control with GetResponse without your prior consent. “Control” for purposes of these Terms of Service means direct or indirect ownership or control of more than 50% of the share capital or voting interests of the subject entity. You may not assign any rights or obligations arising hereunder agreement to a third party without our prior written consent. These Terms of Service shall be interpreted and construed according to, and governed by, the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. You expressly consent to the personal jurisdiction of the state and federal courts located in Boston, Massachusetts for any action or proceeding arising from or relating to these Terms of Service and wave any objection to venue in said courts.

These Terms of Service are valid as of the earlier of the date provided to you or posted on the Website (November 6, 2018).

Practices that are strictly prohibited:

  1. sending spam or otherwise unsolicited messages in violation of applicable laws;
  2. sending messages to any purchased or rented email lists, or any third party lists whatsoever;
  3. uploading, posting, emailing, storing, linking to, transmitting or otherwise making available any Content that:
    • infringes into third party’s copyright and/or rights related to copyright, trademark, patents, trade secret or other proprietary right of any third party;
    • is obscene, threatening, abusive, harassing, defamatory, libellous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or otherwise violate applicable law or GetResponse's rules or policies;
    • is associated with pornography, adult-related material, child pornography, bigotry, racism, hatred, profanity, mail fraud;
    • contains harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  4. using the Service to call on minors directly to purchase products or services;
  5. making use of materials that we render available to you (in particular, but not limited to through the Multimedia Studio), to endorse a political party, candidate, elected official, opinion, or to present person suffering from, medicating for, a physical or entail ailment;
  6. adding, removing or modifying the identifying header information, in an attempt to deceive or mislead the recipient;
  7. impersonating or attempting to impersonate any person or entity (including any of our employees or representatives) or the Service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-mailers or nicknames does not constitute impersonation;
  8. modifying, reproducing, duplicating, copying, displaying, sublicensing, selling, creating derivative works from, exploiting or otherwise using any portion of the Service, especially the source code or the materials provided in Multimedia Studio, whether rendered by us for free, within fee calculated on the basis of the Account plan you have chosen or paid separately, except as specifically provided and allowed by us. In particular you may not use the Service, any portion of it or any content provided to you by GetResponse or created within the Service (notwithstanding whether such content is paid or free, customized or standard) outside of the Service;
  9. using the Service contrary to its primary purpose, especially for hacking or to solicit passwords, personal identifying information or credit card data for unlawful or phishing purposes, especially by making automated use of the system, such as using scripts, bots, spiders or scrapers;
  10. creating (sub)domain name for landing page(s) using vulgar, offending words or brand names to which you are not entitled or which in any other manner may infringe third party’s rights;
  11. using the Landing Page Builder add-on to design websites or landing pages for third parties;
  12. using the tools and materials provided in the Landing Page Builder add-on and Multimedia Studio to design landing pages which are placed in the Internet with the use of other service than the Landing Page Builder add-on;
  13. use the Service, especially landing page(s) created with the use of the Landing Page Builder add-on to promote GetResponse’s competitors and/or their services or products;
  14. using insulting, obscene, threatening, abusive, harassing, defamatory, libellous, slanderous, deceptive, privacy infringing or other improper language, messages or other means of communication while contacting our employees or representatives;
  15. undertaking any other activity that in our opinion interferes with or is (or may be) harmful to our employees, officers, representatives, our business, reputation, goodwill or the ability of other Customers to effectively use our Service.

Our Customers are not allowed to use the Service to stream, disclose, engage, offer to sell, and promote, either directly or indirectly, any goods or services that:

  1. victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, political option, gender, sexual orientation, race, ethnicity, age, or disability;
  2. violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti-discrimination or false advertising;
  3. offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes), payday loans or engage in any unfair deceptive act or practice;
  4. are associated with any form of gambling, betting or bingo- or lottery-type services;
  5. are associated with financial products and services that are frequently associated with misleading or deceptive promotional practices (for example, Initial Coin Offerings ICO or binary options); cryptocurrency-related products and services may not be promoted without our prior written permission;
  6. are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) years of age or older to view or purchase those materials, escort services, and adult websites;
  7. are associated with the sale of:
    • any controlled drug that requires a prescription from a licensed practitioner; or
    • any over-the-counter drug, or
    • non-prescription drugs;
  8. are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
  9. are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
  10. market for:
    • nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
    • alcohol of any kind;
    • drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
    • medical services, medical aid, medical assistance, medicines;
    • video lotteries, cylindrical games, card games, dicing, and automated game;
  11. encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed through the Service;
  12. take advantage of minors' inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
  13. unreasonably show minors in dangerous situations.

Examples of activities regarded as violation of our Terms of Service:

  1. failing to make payment when due;
  2. using the Service for abusive or prohibited practices referred to in Section 6 of these Terms of Service;
  3. sending emails which we consider SPAM (determined on the basis of GetResponse algorithms and compliance procedures), in particular if:
  4. Customer breaches the rules of use of our trademarks and other intellectual property;
  5. Creating more than one Free Trial Account by the Customer;
  6. Providing inaccurate, unreliable or false registrant contact details, or failing to keep such contact details up to date;
  7. Assigning rights and obligations resulting from the Service agreement to a third party without prior consent of GetResponse.
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