By browsing ContactPigeon, using ContactPigeon or signing up for an account, you’re agreeing to these Terms and these define the terms and conditions under which you’re allowed to use ContactPigeon, and how we’ll treat your account if you’re a Customer (“You”, “Member”) and make up the entire agreement and supersede all prior agreements, representations, and understandings.
This legal agreement consists of 6 Parts:
• Our Abuse Policy;
• Our Data Processing Agreement under the European General Data Protection Regulation (DPA for GDPR);
• Our Brand Assets Guidelines; and
• Any additional terms you’ve agreed to by signing an additional contract (“Additional Terms”).
If there is any conflict between any of these Parts and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state othewise.
If you have any questions about our terms, feel free to contact us.
What is ContactPigeon
ContactPigeon (“ContactPigeon”, the “Service” or “We”) is a Marketing Automation service offered through the url www.contactpigeon.com (we’ll refer to it as the “Website”) or through its API that among other things allows you, the Customer, to:
• Create and manage automation flows;
• Create, send, and manage Messages to your contacts/website visitors;
• Create and manage Campaigns;
• Segment your contacts; and
• View and make use of your data from your website, contacts, Messages, Campaigns and ecommerce.
In order to use ContactPigeon, you must:
• Be at least eighteen (18) years old and able to enter into contracts;
• Complete the registration process;
• Agree to the Terms;
• Have the authority to accept these Terms on the behalf your company; and
• Provide true, complete, and up to date contact information.
By using ContactPigeon, you represent and warrant that you meet all the requirements listed above, and that you won’t use ContactPigeon in a way that violates any laws or regulations. ContactPigeon may refuse service, close accounts of any Customers, and change eligibility requirements at any time.
The Term begins when you sign up for ContactPigeon and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for ContactPigeon on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You may terminate this Agreement at any time for any reason by giving a minimum 60-days’ Notice to ContactPigeon unless otherwise agreed in the Additional Terms and at the same time you remain responsible to continue paying your invoices until the end of your contract as agreed in the Additional Terms (if any). We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly fee or according to pre-arranged payment agreement. We won’t refund or reimburse you if the termination is due to justifiable cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it within a reasonable time. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. You will be also solely responsible for acquiring and maintaining the software and hardware necessary for you to use and access this service.
You agree to pay ContactPigeon and you are responsible for any taxes imposed on the services provided under this agreement.
7. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Payments not made within fifteen (15) days of invoicing will be deemed in arrears if not stated otherwise. For accounts in arrears, if any amount is more than fifteen (15) days overdue, without the requirement of providing notice of such arrears, ContactPigeon may suspend service to such account and bring legal action to collect the full amount due, including any attorneys' fees, legal rate of interest and costs.
8. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide ContactPigeon (proprietary rights include content, patents, trademarks, service marks, trade secrets, and copyrights). You acknowledge that you are not receiving any ownership interest in or to any of the aforementioned and you may only use our brand assets according to our Brand Assets Guidelines. ContactPigeon reserves the right to show the Customer’s logo and name on the website as proof of the usage of ContactPigeon for advertising purposes only. Any Customer can be removed from said list by simply sending a written confirmation.
9. Proprietary Rights Owned by You
11. Right to Review Content
We also reserve the right to access, read, preserve, and disclose any information and content as we reasonably believe is necessary to:
• Satisfy any applicable law, regulation, legal process or governmental request;
• Enforce these Terms, including investigation of potential violations hereof;
• Detect, prevent, or otherwise address fraud, security or technical issues;
• Respond to Customer support requests; or
• Protect the rights, property or safety of us, our Customers and the public.
RULES AND ABUSE
12. General Rules
You promise to follow these rules:
• You will not send Messages to non-permission based contact lists where the recipient has not affirmatively agreed to receive those Messages from you;
• You will not send Messages that result in an unacceptable number of spam complaints;
• You will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
• You will not falsify the origin or subject matter of a message;
• You will not fail to include a working unsubscribe link in marketing emails;
• You will not use purchased, rented, or third-party contact lists;
• You will not violate our Abuse Policy; and
• You will not send emails that violate CAN-SPAM laws.
ContactPigeon does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send a Message or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:
• Pornography and adult related content;
• Lead generation opportunities and affiliate marketing; and
• Illegal goods or services.
13. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a ContactPigeon Customer, please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then please notify us immediately.
14. Compliance with Laws
You represent and warrant that your use of ContactPigeon will comply with all applicable laws and regulations. You’re solely responsible for determining whether our Services are suitable for you to use in light of any regulations like EU Data Privacy Laws, or other laws. You may not use our Service 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.
15. Compliance with European Economic Area (EEA) Laws
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Message Distribution List, sending Messages via ContactPigeon, and collecting information as a result of sending Messages, you:
• Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of Message through ContactPigeon;
• Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow ContactPigeon to receive and process data and send communications to that individual on your behalf;
• Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties; and
• Agree with our Data Processing Agreement.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. This includes any loss of data, profits, opportunities, or any other interruption. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the sum amount of the three months before. ContactPigeon shall have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of Customer‘s right to use the Services in accordance with these Terms.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use ContactPigeon for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to defend, indemnify, and hold harmless us, our affiliates, parents, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your (or any third party using your account or identity in the services) use or misuse of, or access to, the services, content, or otherwise from your content, violation of these terms of service or of any law, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree also to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your credentials and/or API key did something that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
20. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
21. Subpoena Fees and Disclaimers
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Customers.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
23. Governing Law
If there is any dispute about or involving the Service provided by ContactPigeon, by using the Service, you agree that the dispute will be governed by the laws of Greece, in Athens courts, without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the courts of Greece. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled only in accordance with its Commercial (or other) Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court in Athens, Greece, having jurisdiction thereof.
24. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Closing your account, Plans, Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
28. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
29. No Changes in Terms at Request of Customer
Because we have so many Customers, we can’t change these Terms for any one Customer or group.
30. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
31. Notification of Security Breach
In the event of a security breach that may affect you we’ll notify you of the breach and provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to the physical address that it is mentioned at the end of the page or any addresses as we may later post on the Website.
33. Entire Agreement
If there is any conflict between these Terms and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms will control.
You may send us email at: firstname.lastname@example.org
Updated 14th of August, 2019