TERMS OF SERVICE
Effective date: May 25, 2018
Please note that your use of and access to our Services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services in any manner.
2. Will these Terms ever change?
We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice in the SalesHandy app on https://app.saleshandy.com, and/or by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
3. What does it cost to use SalesHandy?
Though many of our Services are currently free, SalesHandy reserves the right to require payment of fees for certain or all Services, including without limitation our Regular, Plus, and Enterprise level Services. Please refer to https://saleshandy.com/pricing for details on our Regular, Plus, and Enterprise level plans and pricing information. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. All fees are non-refundable. If you select a plan that requires payment, you will be required to provide SalesHandy accurate credit card and other payment information, and you agree to promptly update your account information with any changes. The monthly or annual fee will be charged to you in advance, to the credit card you provided upon enrollment in the plan. SalesHandy reserves the right to change its price list and to institute new charges at any time. If you are an existing customer and we change prices, we will notify you by email at least 30 days before the change is to take effect for your next billing cycle. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. You are responsible for all taxes associated with the Services other than Government taxes based on SalesHandy’s net income. You may cancel your subscription at any time, but again, no refunds will be granted for fees paid.
4. Confidentiality; Feedback
You acknowledge that, in the course of your relationship with SalesHandy and in using the Services, you may obtain information relating to the Services and/or SalesHandy (“Proprietary Information”). Such Proprietary Information shall belong solely to SalesHandy – Ikigai Infotech LLP and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, marketing and financial information, plans and data. In regard to this Proprietary Information:
(a) You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of SalesHandy unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
(b) You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
You may, at your discretion, provide feedback to SalesHandy with respect to the Services (“Feedback”). Feedback may include, without limitation, new feature suggestions or errors or difficulties discovered in the Services and the characteristic conditions and symptoms of the errors and difficulties. SalesHandy shall own all right, title, and interest in the Feedback and you shall and hereby do make all assignments necessary to accomplish the same.
5. What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at email@example.com.
6. What are the basics of using SalesHandy?
Your log-in to the Services is via the Gmail OAuth service, and any messages you send through the Services originate with your Gmail account and, for example, will be saved into your Gmail “sent” folder).
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services in a manner that complies with all laws that apply to you. If you are using SalesHandy open, click or document tracking, our Services will collect activities data about the recipient of your email. In order to use these features, you are responsible in getting any required consent of such recipients. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including SalesHandy);
- Violates any law or regulation, including, without limitation, any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your SalesHandy account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
7. What are my rights in SalesHandy?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including SalesHandy’s) rights.
You understand that SalesHandy owns the Services and “SalesHandy” (the “Trademark”) is a registered trademark of SalesHandy. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services and Trademark.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
8. Do I have to grant any licenses to SalesHandy or to other users?
For all User Submissions, you hereby grant SalesHandy a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal SalesHandy account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant SalesHandy the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users, via a shared Template or Sequence, or via enabling members of your organization to see your emails in the Live Feed)(a “Limited Audience User Submission”), then you grant SalesHandy the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, or if you share your emails using a share link (each of the foregoing, a “Public User Submission”), then you grant SalesHandy the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all SalesHandy users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with SalesHandy’s business for any purpose, provided that SalesHandy will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your SalesHandy account, we will stop displaying your User Submissions (other than Limited Audience User Submissions and Public User Submissions, which may remain fully available to other users), but you understand and agree that it may not be possible to completely delete that content from SalesHandy’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. In addition, User Submission that are sent to other users (such as emails or email attachments) may be retained by the recipient users.
Finally, you understand and agree that SalesHandy, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
9. Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
SalesHandy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, SalesHandy will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
10. Will SalesHandy ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
11. What if I want to stop using SalesHandy?
SalesHandy is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. SalesHandy has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. SalesHandy – Ikigai Infotech LLP reserves the right to refuse service to anyone for any reason at any time.
Account termination may result in deletion of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
12. Global Terms
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account. IKIGAI INFOTECH LLP cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Unless you have the express written permission from IKIGAI INFOTECH LLP, you may not distribute SalesHandy or any portion thereof to any third parties.
- You may not disassemble or reverse engineer SalesHandy for any purpose, other than for reviewing the code for personal review, and at all times are bound by IKIGAI INFOTECH LLP Terms of Service.
13. Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for SalesHandy non-free users. Free users are not required to provide a credit card number or use any payment service.
- A refund is available only within 10 days of purchase.
- Downgrading your Service may cause the loss of content, features, or capacity of the Service. IKIGAI INFOTECH LLP does not accept any liability for such loss.
14. Modifications to the Service and Prices
- IKIGAI INFOTECH LLP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services are subject to change. Changes will be displayed on the SalesHandy website (saleshandy.com) or the Service itself.
- IKIGAI INFOTECH LLP shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
15. Copyright and Content Ownership
- You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute SalesHandy or any elements, portions, or parts thereof, including without limitation, to any elements, portions, or parts of SalesHandy software (in any form or media) without IKIGAI INFOTECH LLP’ prior written consent. You agree not to use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on IKIGAI INFOTECH LLP different Services.
- If IKIGAI INFOTECH LLP discovers that you have used its copyrighted or other protected intellectual property in contravention of the terms described above, IKIGAI INFOTECH LLP may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs.
16. Suggestions to IKIGAI INFOTECH LLP
If you submit suggestions to IKIGAI INFOTECH LLP through feedback or otherwise, you acknowledge and agree that: (i) your suggestions do not contain confidential or proprietary information; (ii) IKIGAI INFOTECH LLP is not under any obligation of confidentiality with respect to the suggestions; (iii) IKIGAI INFOTECH LLP shall be entitled to use or disclose (or choose not to use or disclose) such suggestions; (iv) IKIGAI INFOTECH LLP may have something similar to the suggestions already under consideration; (v) your suggestions become the property of IKIGAI INFOTECH LLP without any obligation of IKIGAI INFOTECH LLP to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from IKIGAI INFOTECH LLP under any circumstances.
17. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Support for IKIGAI INFOTECH LLP services is available in English, only via email.
- You understand that IKIGAI INFOTECH LLP uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, IKIGAI INFOTECH LLP, or any other IKIGAI INFOTECH LLP service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by IKIGAI INFOTECH LLP.
- We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any IKIGAI INFOTECH LLP customer, employee, member, or officer will result in immediate account termination.
- You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- IKIGAI INFOTECH LLP does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that IKIGAI INFOTECH LLP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IKIGAI INFOTECH LLP has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of IKIGAI INFOTECH LLP to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and IKIGAI INFOTECH LLP and govern your use of the Service, superceding any prior agreements between you and IKIGAI INFOTECH LLP (including, but not limited to, any prior versions of the Terms of Service).