1. General Provisions
The following Terms may be corrected or supplemented by the service administration without notifying users, and the changes take effect from the moment the updates are added on the company’s official website. By continuing to use the service after updates are posted, you agree to the revised Terms.
The following Terms are a public offer. By accessing or using the service in any way, you acknowledge and accept the following Terms (on behalf of yourself or the entity that you represent). The provisions of the following Terms remain in full effect any time you use the service or any information acquired via the service.
By accessing or using the service in any way, you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to enter into these Terms (or if not, you have received your parent’s or guardian’s permission to use the service and have gotten your parent or guardian to agree to these Terms on your behalf). If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on the behalf of that organization or entity 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.
Service administration — authorized employees acting on behalf of SendPulse, Inc. Website/landing page — a website that has been created with a help of SendPulse Landing Pages service.
Gallery — a database with the Elements and Templates. The Gallery is a part of the service and belongs to the Service Administration.
Element — a ready-made element for creating a website or that was developed by the Service Administration.
Template — a ready-made set of Elements that can be used for creating a website page or and was developed by Service Administration.
1.2. Provided Services
SendPulse Landing Page service allows users to:
- create and publish websites/landing pages and with a help of Elements and Templates;
- edit and modify website with a help of Elements and Templates;
- connect a domain and different services to the websites.
The user uses the service and Elements from the Gallery in accordance with the Terms of Service for the SendPulse Service and conditions of their selected pricing plan.
2. The use of the service
The use of the service is performed with the help of the existing SendPulse user account — a user's personal account in the SendPulse service (https://sendpulse.com). If a user does not have a personal SendPulse account, they should register on the official website (https://sendpulse.com/register) according to the instructions provided during the registration procedure.
During registration, the user fills in the required fields with personal information (name, email address, telephone number) and specifies a password which the user will subsequently use to access their account. The user is not allowed to give their username and password to a third party. The user bears full responsibility for the safety of their username and password.
All personal information is subject to the terms and policies of the service and can be used by employees of the service to contact the user.
The user is obligated to provide valid information during the registration process; users who provide invalid contact information will be unable to use the service.
The user bears full responsibility for the accuracy of data entered during registration, including billing information required to withdraw funds.
SendPulse is the rights holder and owner of the service and its components (code, design, database, Gallery, Elements, and Templates). None of the provisions of our Terms mean the transfering the exclusive rights to the user for the service and its content (Galleries, Elements and Templates). The rights for the code of sites, including their layout, belong to SendPulse.
The user has the right to use Elements and Templates to create and modify their website only using the SendPulse service.
The user is obliged to show save the identifier “Powered by SendPulse” on the sites created using the service – it is added by default when applicable, unless otherwise provided by the rules of the current user's pricing plan.
When creating a website, a user is obliged to change the existing images, icons, text, and other objects placed in Elements and Templates. These objects are used only for demonstration purposes. Using these objects as Content for your website is available only after a user reaches an agreement with the copyright holders.
By uploading Content to the service, the user grants SendPulse the right to store and process the Content in order to comply with these Terms, including for providing the correct operation, the absence of failures in the service, and other purposes.
The user guarantees that their website’s Content does not violate the rights of the intellectual property of any third party, the rights to information that constitutes a commercial secret, does not harm the honor, business reputation, or dignity of third parties, and does not violate national and international law. The user is solely responsible for the Content they add to the service.
The user has the right to copy the program code of the website from the service only if the following conditions are met simultaneously:
- the right to copy is provided for by the corresponding pricing plan that the user chose;
- copying is carried out using the function of the service for exporting a website program code;
- the domain name with which the website will be hosted is indicated in the SendPulse user account.
The user is prohibited from replicating and/or distributing the exported website code сreated in the service, using any exported website code to create and/or modify the website outside the service, editing website code outside the service, publishing exported website code with a domain name other than the one indicated in the user’s SendPulse user account.
The user has no right to export and use Elements, Templates, and other elements of the Gallery separately from the website.
The service provides the user with a website address in the format name.minisite.ai, name.pulse.is, where name is the name of the subdomain that the user specifies, and also provides space on the server for hosting the site.
The subdomain address is generated automatically by the service. The user has the right to change the subdomain address in SendPulse account. SendPulse does not guarantee that a specific subdomain will be retained for the user and has the right to withdraw it on a unilateral basis.
SendPulse does not give any guarantees regarding the correct operation and safety of the server on which the site is published. The user assumes the risks of losses associated with interruptions in the operation of the site and loss of Content.
SendPulse has the right to refuse to provide a user space on the server for hosting their website if the site creates a high load on the server and/or prevents the stable operation of the service, and/or creates any kind of threat to the service, including those entailing negative consequences in any form for the service and/or SendPulse.
3. Obligations of the parties
3.1. Obligations of users
The user is obliged to:
- ensure the confidentiality of their username and password for accessing their account on the service;
- not allow third parties to use their account;
- provide valid personal data to the service;
- bear responsibility for the validity of all information uploaded while using the service;
- not use the service to send spam;
- provide the service administration with additional information that is directly related to the service;
- observe property and non-property rights of authors or other rightholders while using the service;
- refrain from using rude and obscene language when communicating with the employees of the service.
The user is prohibited to:
- use the service, Gallery, Elements, and Templates in ways not included explicitly in these Terms;
- modify, customize, translate, or create products based on website and Gallery elements, as well as integrate the website or Gallery Elements into other intellectual properties;
- make attempts to circumvent the technical limits set by the service;
- decompile, disassemble, decrypt, or perform other actions with the service source code;
- export a website in violation of the provisions of these Terms;
- remove the "Powered by SendPulse" identifier from the website, unless otherwise provided by the user’s current pricing plan;
- take any action to hide the "Powered by SendPulse" identifier, including using CSS code.
You represent and warrant that your use of the service will comply with all applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations. You may not use the service for any unlawful or discriminatory activities.
3.2. Obligations of the service
The service is obliged to:
- provide the user with the required functionality indicated in the Terms;
- ensure constant access to the service with the username and password that the user has chosen.
The administration reserves the right to make changes to the interface and functionality of the service at its own convenience.
4. Liability and guarantees restrictions
You assume full responsibility for any loss that results from your use of the service, including any downloads from the service. The company is not liable for damages under any circumstances, even if the company has been advised of the possibility of those damages. We provide the materials and the service as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since our users exploit the service for a variety of reasons, we cannot guarantee that it will meet your specific needs.
The service administration bears no responsibility for delays or failures in the process of performing transactions, that arose due to the occurrence of force majeure circumstances as well as any cases of malfunctions in telecommunication, computer, electrical and other related systems; operations of transfer systems, banks, payment systems and delays related to their work; proper functioning of the service if the user has no necessary facilities for its use, and shall have no warranty obligations to provide the users with such facilities.
5. Choice of law. Arbitration
The relationship between the company and the user with regard to the provision of services is governed by the laws of the State of Delaware without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms will be decided by the state and federal courts of the State of Delaware, and each party will be subject to the jurisdiction of those courts.
You can contact the customer service at firstname.lastname@example.org with all issues related to the use of the service and the following Terms. You can also contact us at the following postal address: SendPulse Inc. 220 E 23rd St #401, New York, NY 10010.