Last updated: 2020-07-27
Please read this Terms of Service (collectively referred to as: “Terms”) as a binding legal agreement, to understand by accessing or using our Website you agree to be bound by the following terms, conditions, and notices contained or referenced. If you do not accept each and every one of these, please do not use our Website.
These Terms govern your access to and use various features, including, but not limited to, management of emailing campaigns with real-time monitoring of sent email delivery, sending and managing marketing emails, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Service or in particular the content of emails sending by you through the Service (collectively referred to as “Content”).
This Terms constitute a binding legal agreement entered by and between the GBD Consulting and Services Private Limited Company, a company incorporated under the laws of Hungary and seated: 12. Határ út, Újlengyel, 2724, Tax number: 27325162-2-13, Company Reg. Number: 13-10-042025 (collectively referred to as: „Provider”, „Service Provider”, „we”, or „us”). and the entity or individual accessing our Website or using any Services offered on our Website (collectively referred to as: “Website Visitor”, “User”, “Customer” or “you”.
You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Website, register your details with us or subscribe for email or online services or contact us.
We reserve the right, at our discretion, to update, alter or modify any parts of this Terms at any time without prior notice. Unless otherwise required by law, all changes to the terms become effective immediately upon publication to our Website and by continuing to use our Website after we post changes to this Terms, you agree to be bound by this as modified. Therefore, please check this Terms periodically for changes, we will display the effective date of Terms at the top of this page.
1. DEFINITIONS
“Affiliate”: means any entity under the control of Provider where "control" means ownership or the right to control greater than 50%.
“GDPR” – Regulation (EU) 2016/679 of The European Parliament and of The Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
“Personal Data” – any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. Personal Data regarding to the Service is data of our Website Visitors and our Users, data entrusted to us by our Users for processing and processed in relation to the use of the Service.
“ColdCampaigns”: service provided by Provider.
“Website": coldcampaigns.com and any of its subdomains. Website is operated by Provider.
“Website Visitor": any individuals or company who visit our website and who may communicate with us.
"User": Website Visitor who on behalf of themselves on our website subscribe to receive communications and information from our Website or register to use free services offered on the Website.
"Customer": User who on behalf of themselves use paid services offered on the Website.
“Account”: In order to use the Service, you must create an individual account. The Account may be accessed only with the use of your login details.
"API": Application programming interface to connect Provider’s services with other websites, servers or applications.
2. Who and how may use our Service
The Service of our Website are available only to entity and to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Website, you represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website.
At all times when you are accessing, browsing or using or registering for use of the Website, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Website. In particular, you must not use the Website in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third-party rights (including intellectual property right).
In consideration for Provider is granting you access to and use of the Service, you agree that Provider and its affiliate may place advertising on the Website or in connection with the display of Content or information from the Services whether submitted by you or others.
By using our Service, you must provide true, complete and up-to date contact information and billing details in your account. You agree that you will not mislead nor us neither any of our affiliates.
You represent and warrant that by using personal data, in particular in creating lists of contacts and sending e-mails, you act as a data controller and comply with all applicable law both national and international. In particular you are obliged to, you represent and warrant that by using personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states.
By using our Service you accept, you may use the Service to provide email addresses only from those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission, unless you have another valid legal basis to process your contacts personal data within the Service.
By using our Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
3. Prohibited practices
You are not allowed to use the Service, or use, post or transmit any content to or within the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international law, and our Terms and Privacy Policy or other right of a third party.
You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any contents or information contained therein, unless you obtain our prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Website.
You agree that you will not provide to this Website: any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and any content that may create any liability for us.
4. Services, what we provide
On the Website we provide an opportunity to send and manage email campaigns, to make statistics about your sent emails and campaigns, to use email follow-ups and to use additional features and services.
Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use our Website:
Free of charge Service:
When you visit our Website, we provide you limited content about email marketing, and we provide an opportunity to get notifications about our Service via push notification and to create an account to use our Service.
When signing up for the Service (creating an online account, subscription and administering your name and email account) you must provide your accurate and complete information with respect to all fields requested, which shall include your first name/company name and e-mail address. It is your responsibility to maintain and promptly update this information to keep it true, accurate, current, complete and also maintaining the security of your account and the API key assigned to you. It is up to you as the account owner to keep your password and API key confidential. You are fully responsible for all activities that occur under the account and API key, and any other actions taken in connection with your account, or the use of the Website or API by that account or API key.
You are only allowed to have one account on our Website. If Provider is under the impression that you have created multiple accounts, we reserve the right to suspend any or all of them.
By creating an account and signing up for the Service we provide a free of charge option and opportunity to:
You hereby warrant, represent and agree that:
Your sign up gives you access to the Service only with respect to the functionality that we may establish and maintain from time to time and at our sole discretion.
You can stop using our Services at any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring the liability of any kind. We also retain the right to create limits on use and storage at our sole discretion at any time.
Provider does not guarantee that the Service will be made available in the future under the same commercial or other terms that currently are available.
Paid Services:
Parts of the Site or Services require a fee or other charge (Paid Service). If you choose to use a Paid Service, you agree to the conditions, pricing and payment terms listed on the Website, as updated from time to time.
By signing up for our Paid Service, you must provide true, complete and up-to date billing details in your account. The Paid Service may be accessed only through your account with the use of your login details.
Provider may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
5. Payment
We don’t charge you to use our Service except the Paid Services covered by these Terms. By using our Service, you agree that some information and statistics of your campaigns and of your recipients email addresses may remain in encrypted backups at our sole discretion and may share with our affiliate in order to improve our affiliate’s service.
Providers Paid Services may be paid on a one-time basis, current pricing details are accessible on the Website. From time to time we may run promotions on the Website. Any such promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
Provider collects payments via Adyen or PayPal services and may not access any sensitive credit card credentials on its own. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected. All payments are processed by the external, third-party services mentioned, to ensure high-security standard.
Provider offers possibilities to get a comprehensive picture about the Paid Services. Through the Service, you can access several information and tools about them and by each Paid Service you can get a limited free trial, which is a great zero risk way for a comprehensive try-out. We encourage you to use these possibilities before your payment. By using Paid Services, you agree that payments made on the Website are not refundable with the exception of our 100%Money Back Guarantee.
Our 100%Money Back Guarantee applies if at our own risk we cannot provide you your purchased Paid Service. In this case simply email us, to within the 72 hours after your payment and we will refund your money without any reason provided. Please note after this 72 hours period you cannot anymore exercise your right of the 100% Money Back Guarantee.
Provider will not refund the payment if there is a cause for the Account cancellation, such as a violation of these Terms or our Privacy Policy.
Once we have refunded your payment, we may permanently delete your Account and all the data associated with it.
Accepting these Terms and by using our Service you engage Provider in processing of the personal data necessary to provide you with the Service on terms and conditions stipulated in this Terms and in Provider’s Data Processing Agreement and Privacy Policy, which constitute an integral part of these Terms.
You agree that in case we receive a request from your contact (the person whom email address or any other information was provided or uploaded by you), who wants to exercise his/her rights under the applicable law, we shall inform such contact that the Provider acts as a service provider and as data processor. Provider shall direct such contact to you, as a Data Controller.
Provider stays compliant with GDPR (General Data Protection Regulation). Please find more details how Provider complies with GDPR, in which way we use cookies on the Website and how we hold and process information from which we can identify you or any third party are set out in our Data Processing Agreement, Privacy and Cookie Policy.
6. Content
Provider and its affiliates exclusively own all rights, title and interest in and to the Service and the Website, including without limitation any improvements or updates thereto, and all materials therein or transferred thereby, including, without limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights and all intellectual property rights related thereto and derivative works of the foregoing. Except as expressly provided herein, nothing in this Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Service or materials on the Service for any purpose not expressly permitted by this Terms is strictly prohibited.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content posted via the Service or endorse any opinions expressed via the Services.
You shall be solely, fully and unconditionally liable for any personal data, information or content, in particular the Content of emails, or newsletters sent by you through the Service, including if such Content is provided by a third party, and for the content’s compliance with the regulations in force in accordance with this Terms and the applicable laws.
You acknowledge and warrant that the Content of email, or newsletters, whether in whole or in part, shall in no event:
You acknowledge that We have the right, but not the obligation, to monitor any Content submitted to the Service, to comply with legal obligations in this respect, We may take any actions, including removing Content or denying routing of certain personal data and emails, to prevent unlawful activity in connection with the Service.
You expressly acknowledge and agree that Provider shall not be liable for any loss or destruction of the Content, including the personal data. You shall be responsible for ensuring that you have proper backups thereof.
From time to time, you may submit Feedback about us. Provider reserve the right to freely use or exploit Feedback in connection with any of its Services.
The Website may contain advertising and hypertext links to third party websites. If you choose to leave our Website via links to other third-party websites, including those of advertisers, our Terms and our Privacy Policy will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Provider is not responsible for the availability of such third-party sites or resources, and that Provider does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.
7. Termination, cancellation
We reserve the right to permanently or temporarily terminate, suspend or deny your access to the Service at any time with or without notice and in our absolute discretion. If in our sole determination you violate any provision of the agreement or use of the Service outside your usage restrictions, your right to access or use the Service shall immediately cease, and Provider shall have no obligation to maintain or forward any data entered into, collected by or maintained or saved on the Service.
We reserve the right (irrespective of other rights under these Terms) to refuse, remove or delete any content, suspend email addresses, suspend access to the Service or any part thereof, with or without notice, at our sole discretion if we reasonably determine that your activity 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, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
The Content of your account cannot be recovered once your account had terminated.
If your Account is suspended, creating another account will automatically resulting suspension whether or not you have made a payment on any of the Accounts. Any Account which shows no activity for more than 24 months may be considered inactive. If an Account is considered inactive, the Account may be deleted, and all data associated with that account may be permanently erased.
We also reserve the right to temporarily limit your sending, which means that your daily and total emails sent will be limited in number.
By using our Service you agree that in case we receive a request from your contact (the person whom email address or any other information was provided or uploaded by you), in particular if emails are sent to recipients who did not specifically ask to receive such emails and who wants to exercise his/her rights under the applicable law and unsubscribe from your email, we shall inform you about such contact and delete from your uploaded email list.
8. Limitation of liability
The Service is provided “as is” and “as available”. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security. Neither Provider, nor its affiliates, owners, employees, contractors, suppliers and licensors, make any warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.
Our liability is limited whether or not we have been informed of the possibility of such damages and issues. You understand that you utilize the Service, or otherwise obtain content or services through, this website at your own discretion and risk.
Provider does not warrant that the information on the Website, or the information or advice provided by Provider’s colleagues is complete, accurate, non-misleading or true.
You agree to accept full responsibility of any loss resulting from the use of Provider’s Website, services, tools, downloads, advices or any other use of the Services. You agree to use the Services and follow advices at your own risk. Provider does not take responsibility for any delays, downtime, errors, inconsistent or inaccurate results.
9. Indemnity
You will indemnify and will keep indemnified the Provider and its affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatever arising directly or indirectly as a result of:
(1) any use our Service and any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our and our affiliates infrastructure (whether owned by, leased or licensed to us).
You agree and represent that you will not be liable to the Provider or its affiliate for any damages arising out of or in connection with the use of the Website.
10. General rules
Any contractual or legal relationship between the parties will be concluded in English.
These Terms form the entire agreement between the parties concerning your access to, browsing and/or use of the Website and supersede all prior agreements, arrangements, understandings and representations made between us concerning the Website.
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document, specifically setting forth the precise nature of the dispute. If a notice is being sent to Provider it must be emailed to and sent via mail to: GBD Consulting and Services Private Limited Company at: 12. Határ út, Újlengyel, 2724 Hungary.
In the event that a dispute between the parties cannot be settled, the parties agree to submit the dispute to binding arbitration accordance with Hungarian law and the Hungarian Courts.