Terms and conditions 1. Introduction 2. Acceptance of Terms

Transcription

1 Terms conditions 1. Introduction is an online social marketing automation software service (SaaS) to easily turn online communication into new business. With you can publish your br s story to social media from a centralized spot. Anyone interacting with your content is captured stored as a behavioral profile, no matter where that interactions takes place. By posting activitely engaging in conversations, users can redirect their social audience to a ling page where people can claim an offer in return for personal details. By setting marketing automation rules, people get enrolled in personalized or SMS drip campaigns to activate them, convert them to new customers or reward. During this process our users get great insights about what content, which channel what actions drive results. These are the terms conditions of use for (the Terms ). Please read these Terms our Privacy Policy carefully as they describe your rights obligations as a user of ( User / you : a natural person or legal entity wishing to use gain access to or wishing as a supplier to provide content for it). 2. Acceptance of Terms By using the in any way whatsoever, for instance via left.com, via API, via various top-level domains as well as sub domains, or via other (mobile) media, you accept being bound by these Terms. We may revise the Terms information contained on the at any time without notice. Each time you use the you will be bound by the then current Terms our Privacy Policy. Please review these Terms our Privacy Policy each time you access use the to satisfy yourself that you are happy with them. We may translate these Terms, our Privacy Policy or any information that may be published from time to time on the into other languages for your convenience. The English language version is the version that governs your use of the services owned operated by in the event of any conflict between the English language version a translated version, the English language version will control.

2 3. Information about us Terms conditions, is a Dutch company having its registered office in Amersfoort, De Brt 22, the Netherls, listed in the Trade Register of 1. the Introduction Chamber of Commerce under file number If you have any questions about these Terms or our Privacy Policy, please contact us at is info@left.com. an online social marketing automation software service (SaaS) to easily turn online communication into new business. With you can publish your br s story to social media from a centralized spot. Anyone interacting with your content is captured 4. Access to stored as a behavioral profile, no matter where that interactions takes place. By posting activitely engaging in conversations, Access to the users can redirect their is permitted social audience on a temporary to a ling basis, page where we reserve people the can right claim to withdraw an offer in or return amend for the personal service details. we By provide setting on marketing the automation without notice. rules, people We will get not enrolled be liable in if for personalized any reason the or SMS drip campaigns is unavailable to activate at them, any convert time or them for any to period. new customers From time or to reward time, we. may During restrict this access process to some our users parts get of the great insights about, what or content, entire, which channel to Users. what In order actions to gain drive access results. to the you can apply for an account with an access code in the manner as described on the. reserves the right to refuse or block an account without stating the reasons. You must keep the access code strictly These secret. are Any the use terms of the code conditions will be attributed of use for to you. If (the Terms ). has established Please read or reasonably these Terms suspects our that Privacy unauthorized Policy carefully third as they parties describe are using your or rights can use the obligations access code as a or user if you of inform ( User / you : of such a a natural use, person or legal will immediately entity wishing block to use access gain to access the database. to or wishing will inform as a you supplier as soon to provide as possible content of for the it). unauthorized use the blocking via a digital message. After the blocking will provide you with a replacement access code as soon as possible. 2. Acceptance of Terms By 5. Use using by the minors User identity in any way whatsoever, for instance via left.com, via API, via various top-level domains as well as The sub use domains, of the or via other (mobile) by media, minors you under accept the age being of 16 bound is subject by these to the Terms. consent We of may their revise parent the or guardian. Terms It is information impossible contained for on the to determine with any at degree any time of certainty without whether notice. any Each User time is in you fact use the person the he or she represents you to will be. be Accordingly, bound by the then current accepts Terms no liability our Privacy for the Policy. actual identity Please review of any these User. You Terms are solely our responsible Privacy Policy for each verifying time the you actual access identity use of other the Users. to satisfy yourself that you are happy with them. We may translate these Terms, our Privacy Policy or any information that may be published from time to time on the 6. into other languages changes for your convenience. The English language version is the version that governs your use of the services owned We aim to update operated the by in regularly, the event of any may conflict change between the content the English at any time. language If the version need arises, a we translated may suspend version, the English access language to the version will, control. or close it indefinitely. Any of the material on the may be out of date at any given time, we are under no obligation to update such material.

3 7. Information about you your visits to We process information about you in accordance with our Privacy Policy. By using, you consent to such processing you warrant that all information provided by you is accurate that you have the consent of all those whose personal data have been disclosed, for such processing of their personal data. 8. Right of use hereby grants to you the non-exclusive, non-transferable right you hereby accept this right to use via a, whether or not via a web interface, for an indefinite period of time under conditions further detailed below. You can manage your own account. Depending on the user settings messages will be sent to you. reserves the right to place content on the which might be aimed at certain profiles. You acknowledge accept this functionality of. You agree accept that may send you service messages regarding updates, new features, etc., by . You will fully comply with specific user instructions or restrictions announced or still to be announced by. You will make sure that your contact information is up to date so that we can contact you at any time. 9. Uploading material to Whenever you make use of a feature that allows you to upload material to the, or to make contact with other Users, you must comply with all applicable laws our Content Stards (see section 12 below). You warrant that any such contribution does comply with all applicable laws with our Content Stards (see section 12 below), you indemnify us for any breach of that warranty. Any material you upload to the will be considered non-confidential non-proprietary, we have the right to use, copy, distribute disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the constitutes a violation of their intellectual property rights, or of their right to privacy. will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User. has the right to remove any material or posting you make on the if, in our opinion, such material does not comply with applicable laws or our Content Stards (see section 12 below).

4 10. Restricted uses You may use the only for lawful purposes. You may not use the : In any way that breaches any applicable local, national or international law, regulation or guidelines. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. For the purpose of harming or attempting to harm minors in any way. To send, upload, download, use, re-use or knowingly receive any material that does not comply with our Content Stards (see section 12 below). To sell, lease, share, transfer, or sublicense any of our content (including but not limited to profiles created tracked by our system) or access to any content, directly or indirectly, to any third party, including any recruiter, data broker, salesperson, or advertising-related entity. Use any of our content for any of the following: generating messages, promotions, offers, or mass messages; To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Send s to individuals entities that you do not have any relationship with. You may only send s to individuals entities that either: gave or give you written (including electronic) permission to send s to them, without subsequently withdrawing such permission either: gave you the permission within the prior 12 months; or you sent them a promotional , which was not objected to, within the prior 12 months gave or give you their name address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your s either: such sale or negotiations occurred within the previous 12 months; or you sent them a promotional , which was not objected to, within the prior 12 months

5 Send s to purchased, rented or 3rd party lists, even if the people on the list have opted in Use an unsubscribe process outside of. Send s with anything offensive, to promote anything illegal or harass anyone, including but not limited to: Pornography or other sexually explicit s s offering to sell illegal substances s that violate the CAN-SPAM law Send s that are not directly related to event promotion the event that you are promoting through. Among others, you may not use to send promote: Illegal goods or services. Escort dating services Pharmaceutical products Work from home, Internet Lead-gen, Make money on online opportunities, etc. Online trading, day trading tips, or stock market related content Gambling services, products or gambling education Multi-level marketing Affiliate marketers Credit repair, get-out-of-debt content Mortgages /or Loans Nutritional Supplements, Herbal Supplements or Vitamin Supplements Pornography or nudity in content Adult novelty items or references in content List brokers or List rental services Marketing or sending commercial without proper permission

6 11. Anti-Spam Abuse Related Rules uses the definition of SPAM as defined by Spamhaus, as explained on their The first line of the Spamhaus definition reads: The word Spam as applied to means Unsolicited Bulk ( UBE ). It is a major concern to us if you use to send any unsolicited to anyone with whom you have no relationship, including an entire list of people you don t know. If you send s to a list, you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future s from your company from, they will request that shuts down your account. will therefor closely monitor all activity for hard bounces spam reports. If you generate aboveaverage spam (more than 1 percent) bounce complaints (more than 3 percent), we will immediately suspend your account contact you to investigate what is going on. If at that point you cannot deliver us the evidence that your campaign follows our terms of service, we will permanently block you from using Opt-In Opt-out policy Opt-out policyby law you are obliged to always include an unsubscribe link in any s you send with. automatically includes this link for you you are obliged to keep it inside your campaign. Failure to do so will result in immediate suspension of your account. UnsubscribersYou may not send again to people that unsubscribed from your list this is called Spamming. will automatically remove unsubscribers from your mailing list, protecting them from any unwanted s. You may not in any way, manually or programmatically, add those unsubscribers again to any of your list or send them new s.

7 If you are somebody that received an unwanted from a User sent through, you can always click the unsubscribe link at the bottom of the . This will make sure you are immmediately unsubscribed for any future s of that User. If you find there is no unsubscribe link available in the , we kindly ask you to report that abuse by forwarding the to our support team. Opt-in policyto avoid spam reduce unwanted sign-ups for any mailing list, only accepts sign-up forms that implemented a double opt-in policy. This means that after a user, customer or visitor filled out the sign-up form for a newsletter, he or she will receive an from to verify confirm their sign-up. You agree that you will always follow a double opt-in policy. The sign-up forms provided by use a double opt-in, so we strongly suggest you to use these. 13. Right to Review s Drip Campaigns, including our employees independent contractors, are permitted to copy transmit copies of the content from your drip campaigns to develop algorithms, heuristics computer programs ( Tools ) to help us more efficiently spot problem accounts to use such Tools, together with personal viewing by employees or independent contractors, to uncover Users who violate either these Terms of Use or applicable law. 14. Content Stards These content stards apply to any all material which you contribute to the ( Contributions ), to any interactive services associated with the ( Content Stards ). You must comply with the spirit, as well as the letter, of the following stards. The stards apply to each part of any Contribution as well as to its whole. Contributions must: Be accurate (where they state facts); Be genuinely held (where they state opinions); Comply with applicable law in any country from which they are posted. Contributions must not: Contain any material which is defamatory of any person; Breach the data protection or privacy rights of any person; Contain any material which is obscene, offensive, hateful or inflammatory;

8 Promote sexually explicit material; Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person; Be likely to deceive any person; Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; Promote any illegal activity; Be threatening, abuse or invade another s privacy, or cause annoyance, inconvenience or needless anxiety; Be likely to harass, upset, embarrass, alarm or annoy any other person; Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or Advocate, promote or assist any unlawful act. 15. Paid-for services charges fees for different paid-for services these are published on the ( Priceplans ). All applicable paid-for services fees are due to even if a marketing activity/campaign is cancelled or postponed are charged in the currency from where the booking is made. Premature notice of termination or temporary inaccessibility of paid-for services or reduced paid-for services being available will never entitle Paid Users to any refund of (a part of) amounts already paid, including refunds of credits packages bought by Paid Users. 16. Priceplans, credits, payment, refunds chargebacks provides different Priceplans which are based on a monthly recurring payment. Priceplans may change will inform users 1 month in advance. Paying Users are always allowed to end, upgrade or downgrade their Priceplan at any time. Downgrades cancellations ( ending ) will be effective at the end of the monthly payment period of the priceplan. Upgrades will be effective immediately. When ending your Priceplan, the data you have entered in our system will remain in our system any credits left in your account will be disposed of. Payment is solely on credit card base according to our priceplans. Our payment processor is PCI Level 1 compliant, will carry out payment.

9 will send invoices priceplan changes confirmations by only. Regarding offers, it is the responsibility of the User to communicate its refund policy to its Customers. If a Customer desires to request a refund for any claimed offer, Customer must request the refund from the Organizing Use not from. All communications disputes regarding refunds in connection with offers made available via are between the User its Customer(s) will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds 17. Intellectual property The copyrights any other intellectual property rights including the rights to databases trademarks with regard to the content placed on are exclusively vested in /or its suppliers or licensors. In respect of all material that you submit to or post on the, you grant to a worldwide, irrevocable, nonexclusive, free of charge licence to use, reproduce, adapt, publish, translate distribute such material in any media, together with the right to sub-license such rights. Without the prior written consent of you will not in any way wholly or partly disclose, reproduce or provide to third parties the content from (the database of). 18. Liability The material on the is provided as is without any guarantees, conditions or warranties as to its accuracy. In connection with its activities depends (partially) on the cooperation, services by supplies from third parties over which has little or no influence. will never be liable for any loss arising from the agreement between the User or its breach regardless of whether the damage is caused or becomes evident during or after the agreement with. Any liability of for any other form of loss is excluded, including any form of indirect loss such as punitive damages, compensation of consequential loss, loss of or damage to data loss due to lost sales or profits. Neither will be liable for losses as a result of inaccessibility, incompleteness, inaccuracy or out-dated content on the nor for the content supplied by third parties. Any liability of will at any time be limited to a maximum of the invoice most recently paid. will never be liable for abuse by third parties by which the User suffers losses.

10 19. Term termination This agreement is effective for an indefinite period of time. You are entitled at any time to cancel your account or terminate the agreement with. Any party is entitled to dissolve a paid-for service including paid-for credit package with immediate effect via a registered letter without any further notice of default without any prior judicial intervention being required if: the other party applies for a moratorium; the other party has been declared bankrupt; the other party is a legal entity is dissolved; the control of or the decisive vote in the business operations of the other party transfers to a third party. 20. Suspension termination due to breach of Terms We will determine, in our discretion, whether there has been a breach of the Terms through your use of the. When a breach of the Terms has occurred, we may take such action as we deem appropriate. Failure to comply with the Terms constitutes a material breach of the terms upon which you are permitted to use the, may result in our taking all or any of the following actions: Immediate, temporary or permanent withdrawal of your right to use the. Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to the. Issue of a warning to you. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative legal costs) resulting from the breach. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

11 21. Disposal & encumbering of rights/obligations is allowed without your prior explicit consent to dispose of /or encumber the rights /or obligations under this agreement provided the rights obligations under this agreement continue to remain effective. 22. Linking to You may link to the via the home page publicly accessible pages only provided you do so in a way that is fair legal does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any that is not owned by you. The must not be framed on any other site, nor may you create a link to any part of the other than the home page or publicly accessible pages. We reserve the right to withdraw linking permission without notice. The from which you are linking must comply in all respects with our Content Stards (see section 12 above). 23. Links from Where the contain links to other sites resources provided by third parties, these links are provided for your information only. has no control over the contents of those sites or resources, accepts no responsibility for them or for any loss or damage that may arise from your use of them. 24. Other provisions is entitled to use the services /or products of third parties in performing this agreement. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions provisions which will continue to be valid to the fullest extent permitted by law. 25. Jurisdiction applicable law This Agreement is governed by Dutch law. All disputes arising from this agreement will be settled by the competent judiciary of the District Court of Ijsselstijn although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

12 26. Your Concerns If you have any concerns about material which appears on the, please contact us at Contact us Loyalty BV De Br 22, 3823 LJ, Amersfoort, The Netherls KvK BTW/VAT B01 IBAN NL23INGB Phone