SaleshandyEffective date: May 10, 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.
Welcome to Saleshandy! We are excited to have you on board. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively, the “Services”). These Terms of Use (the “Terms”) are a binding contract between you and Saleshandy – Ikigai Infotech LLP (“Saleshandy,” “we” and “us”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected].
You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
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 https://my.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.
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.
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.
Saleshandy takes the privacy of its users very seriously. For the current Salesshandy Privacy Policy, please click here. If you are providing us with personal data about other EU residents, please send us an email at [email protected] requesting for our Data Processing Addendum.
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 protected].
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:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
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!
Anything you submit, share, store, or otherwise provide through the Services is your “User Submission.” You retain ownership of your User Submissions (subject to the licenses below and any third party rights therein). Some User Submissions are viewable by other users, for example, anything you send to your recipients via email will be viewable by them. In addition, User Submissions are viewable when you share a Sequence or Template, share an email via a share link, and when you enable people in your organization to view your messages in the Live Feed. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
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.
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.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Saleshandy. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Saleshandy is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
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.
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.
You’re free to do that at any time, by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
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.
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.
