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Terms & Conditions

Last updated: 08th April 2024

Welcome to SmartReach.io service ("Service" or "Services"). Your use of this website and its related domains (together, the "Site") and the services made available on the Site is subject to these Terms of Use (these "Terms") agreed between HVIF Soutions Pvt. Ltd (“SmartReach”, “SmartReach.io”, “we”, “our” or “us”) and you (“your”), when you (i) access and use SmartReach.io and its related domains, mobile applications, web applications, extensions (together, the “Website” or “site”) and/or (ii) download, install, use and in some cases purchase SmartReach.io’s proprietary email software applications (including all related documentation, updates, and upgrades) and any other services offered by SmartReach.io Service.

By using any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms and usage policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES.

We may make changes to these Terms from time to time. When we do, we will revise the 'last updated' date given above. It is your responsibility to review these Terms frequently to remain informed of any changes. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Website will constitute your acceptance of such revised Terms. We may terminate, suspend, or modify the Services, in general, or with respect to your usage of the Services, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion.

You may use the Services only if you have the legal power and capacity to form a contract with SmartReach.io. If you are using the SmartReach.io Services on behalf of your employer, your acceptance of these terms is deemed an agreement between your employer and SmartReach.io and you represent and warrant that you have authority to bind your employer to these terms.

We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.

Promotional use of your company name

We reserve the right to use your company name as a reference for promotional purposes on the Website and in other communication with existing or potential SmartReach.io users. For instance, we might list your company on one of our webpages under lists of SmartReach.io's customers. Nonetheless, we don’t want to list companies who do not wish to be listed. You can contact us if you do not want us to use your company's name.

Data

"Data” means any data and content stored or transmitted via the Services by or on behalf of you or your end users. This includes messages you send, files you upload, comments on files, and anything else you enter or upload into SmartReach.io.

In order to use our Services you must link a 3rd party email account, LinkedIn, WhatsApp accounts to your SmartReach.io's account and we require that you grant us certain rights with respect to your Data. For example, with your permission (which you are granting by using the Services), the SmartReach.io's software will obtain access to your email account in order for you to being able to send emails via SmartReach.io to check for replies on emails you sent. You retain full ownership to Your Data. We do not claim any ownership to any of it.

We need to be able to transmit, store and copy your Data in order to display it to you and your teammates, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of these terms gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided.

You are solely responsible for your conduct, the content of your Data, the leads, candidates or prospects you target, the timing of your engagement and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others. You will be responsible for your users’ compliance with these Terms and will use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify us promptly of any such unauthorized access or use.

We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your Data as described in our Privacy Policy. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect Your Data when you are transmitting it to us and to keep your own backup copies of your Data. You are solely responsible for protecting your passwords, limiting access to your computers and devices, and signing out of the Services when you are not using them.

You acknowledge that SmartReach.io has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of your Data or any other information or content you may be able to access using the Services.

Your SmartReach.io account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify SmartReach.io of any unauthorized uses of your account or any other breaches of security. You are not allowed to send spam messages via SmartReach.io's Services. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. SmartReach.io is passing all liability for any spam or other lawsuits that could occur as a result of your activity within our services to you.

You will use the Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Services. You agree that you will not use the Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights.

You hereby warrant, represent and agree that:

  1. The Service may not be used for the sending of unsolicited commercial email (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act – sometimes called “spam”).
  2. You acknowledge that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 (the “Act”) and any rules adopted under the Act) of any email message sent by you using the Service.
  3. The Service may only be used for lawful purposes.
  4. You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute mass unsolicited commercial email (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act), in connection with the Service. You will import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you in connection with your use of the Service.
  5. You acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients.
  6. The “from” line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service.
  7. The “subject” line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
  8. You will include in any email message sent by you using the Products your valid physical address, if required by law, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
  9. The Service may not be used for hosting content, including images and documents, that knowingly infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libellous material or other material that violates any applicable law or regulation.

You are solely responsible for all activities that occur in Your account(s) and for the security of all of Your and passwords. Not withstanding anything to the contrary herein, SmartReach.io has no liability of any kind (whether by contract, tort or otherwise) for any unauthorized access to your or your users’ accounts as a result of your actions or inaction’s.

Email Warm-up & Prospect Finder Services

SmartReach.io provides third-party integrations with email warmup and prospect finder service providers. By opting in for third-party integrations with email warmup and prospect finder services, you accept the terms of service of these providers. You agree to indemnify and hold harmless SmartReach.io

Sharing your Data and your Privacy

Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, all of your Data remains visible only to you. However, the Services do allow you to share your Data with others. If you choose to share your Data, we cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.

The exception to this can be SmartReach.io’s Customer Support and Customer Success teams. When you reach out to them via email or Live Chat from your account, your permission to access your account is automatically considered as given to those who are working on your case. Unless you explicitly state that you do not give that permission and acknowledge that support might be provided to you in a limited way.

We will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of your Data as described in our Privacy Policy. We do not guarantee that your Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect your Data when transmitting it to us and to keep backup copies of your Data. You are solely responsible for protecting your passwords, limiting access to your computers and devices, and signing out of the SmartReach.io Services when you are not using them.

Your Responsibilities

Information and content accessible through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not the SmartReach.io, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service, or use the Service to spam others.

You, and not SmartReach.io, are responsible for maintaining and protecting all of your Data. SmartReach.io will not be liable for any loss or corruption of your Data, or for any costs, fees, or expenses associated with backing-up or restoring your Data.

If any information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.

You will not engage in activity that would cause SmartReach.io to violate any of these laws and regulations, and you agree that you will indemnify SmartReach.io for any fines, penalties or other liabilities incurred by SmartReach.io for your failure to comply with these provisions.

You shall pay all fees for the SmartReach.io Services as specified in the billing section of the SmartReach.io Services, or Order Form, if applicable. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever. You are responsible for paying all taxes associated with your purchases. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

Cancellation and refunds policy

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 liability of any kind. Without limitation, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your account and access to the Services immediately. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to your Data that is stored with the Service. To cancel your account you should send a request to our support team via support chat on the website or via an email to [email protected] The SmartReach.io Service is billed in advance in accordance with our pricing schedule and all payments are nonrefundable. All subscriptions, whether monthly or annual, will auto-renew on the scheduled renewal date unless a cancellation is requested by the customer prior to the renewal date. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. If you cancel, you will not receive a refund for any service already paid for.

Disclaimer of warranties

Your use of the services and the service content is at your sole risk. The services and the service content each are provided on an "as is" and "as available" basis. We, our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the services or any service content, and you rely on the services and service content at your own risk. Any material that you access or obtain through our services is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through our services. No advice or information, whether oral or written, obtained by you from us or through or from our services will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and assign us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

Limitation of liability

We and either of our directors, subsidiaries, affiliates, officers, employees, agents, suppliers or licensors shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of these damages), resulting from your use of our services and service content. Under no circumstances shall the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the services and service content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts of latest invoice, if any, that you have paid to us for your use of the services and service content. As some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

You shall indemnify, defend and hold harmless the SmartReach.io parties from any and all third party claims and related losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from (i) any Content, (ii) your use of the Services, (iii) usage of beta products or (iv) breach by you or your Content of any Law or this Agreement. We shall indemnify, defend and hold you harmless from any and all third party claims and related losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from an allegation that the Services infringes or misappropriates any third party intellectual property right.

Copyright infringement & DMCA policy

If you believe that material located on or linked to by SmartReach.io violates your copyright, you are encouraged to notify us at [email protected] in accordance with the DMCA Policy.

Requirements for all SmartReach.io's campaigns

  1. You must agree to our Terms of Service.
  2. We recommend including opt-out link into your email templates and SmartReach campaigns for audiences you haven’t contacted previously.
  3. You must include your contact information inside every email promotion* that you send, including a physical mailing address or PO Box where you can receive mail. (Not a website or email address.)

    * An email promotion is usually a broadcast with low ratio of text to image area offering discounts or other incentives to purchase a product or service, or to subscribe, register, download or perform some other action intended to drive revenue for the vendor.

  4. Your contact information and subject line must be 100% accurate.
  5. If you regularly use an integrated service or CRM platform, you need to abide by their terms of use, in addition to our own.
  6. Breaking the international rules, could make you liable up to hundreds of dollars for each recipient that you sent non-compliant messages to.
  7. You must comply with the anti-spam laws of the countries your recipients live in. So if you’re sending to EU residents, check the EU spam laws to make sure you’re also EU compliant. You are accountable for their compliance and indemnify SmartReach.io accordingly.

Artificial Intelligence (AI) Usage Policy

With the introduction of our AI-powered content generation feature, powered by ChatGPT, we aim to revolutionize how you create and respond to emails. However, it is essential to establish guidelines for the responsible and ethical use of AI technology. Please read and understand the following AI Usage Policy before utilizing this feature:

  1. Purpose and Intended Use:
    • The AI-powered content generation feature is designed to assist users in generating email content based on provided commands, inputs or prompts, such as audience characteristics, email context, and writing tone/style.
    • The feature also enables the generation of replies to prospect email communication received in a user's SmartReach.io inbox by providing the email thread to ChatGPT for response generation.
  2. User Responsibility:
    • Users are responsible for ensuring the accuracy, legality, and compliance of the generated content.
    • Users should review and modify the generated content as necessary to align with their business policies, brand voice, and regulatory requirements.
    • It is the user's responsibility to verify the generated replies and make any necessary adjustments before sending them to prospects.
  3. Ethical Use:
    • Users should exercise ethical judgment when using the AI-powered content generation feature.
    • The generated content should not violate any laws, regulations, or ethical standards, including but not limited to anti-spam laws and regulations.
    • Users should respect recipient privacy and avoid using the feature for deceptive or manipulative purposes.
  4. Accountability:
    • Users are solely responsible for the content generated using the AI feature, including any consequences resulting from its use.
    • SmartReach.io shall not be held liable for any misuse, misinterpretation, or unauthorized use of the generated content.
  5. Data Privacy and Security:
    • SmartReach.io follows industry best practices to ensure the security and privacy of user data. However, users should be aware that the generated content may be stored temporarily for the purpose of providing the service.

By using the AI-powered content generation feature, you agree to provide SmartReach.io and ChatGPT access to specific email threads, you agree to comply with this AI Usage Policy and the overall Terms and Conditions of SmartReach.io. We reserve the right to suspend or revoke access to this feature in case of any violation or misuse.

Rewards, Credits & Offers

  1. As a value add, SmartReach.io may offer certain additional benefits on its monthly or annual subscriptions including but not limited to credits provided for usage of third-party tool usage, cash backs or instant discounts.
  2. SmartReach.io may introduce, vary and withdraw such benefits at its discretion without prior notice to our Users. Based on the plan or program different sets of Users may have different benefits from time to time.
  3. All such rewards or credits offered shall have a defined validity period which shall be clearly communicated. These rewards or credits shall lapse at the end of the validity period if not redeemed during the validity period.
  4. Rewards or credits offered are promotional in nature and provided as value additions. They are not construed as a right of subscription.

GDPR Compliance

SmartReach.io stays compliant with GDPR (General Data Protection Regulation) and obliges the Users of the Service to respect the principles of the regulation when processing personal data of EU citizens. Please find more details in our GDPR compliance document. The GDPR Compliance document should be treated as an inherent part of the these Terms.

All the content sent from SmartReach.io must be sent within the scope of B2B relations and must not be sent to Prospects or Customers who explicitly expressed their wish to be excluded from further correspondence.

SmartReach.io's anti-spam requirements

As an email service provider, we take spam laws seriously, not only for our sake, but for yours as well. Spam negatively impacts deliverability rates, and we want to make sure your emails reach their intended recipients as often as possible. We follow strict rules that must be adhered to in all countries, but you may find that your country has additional requirements. By accepting to these Terms you acknowledge that you follow any anti-spam legislation applicable to you as well as our over-all rules to help maintain platform integrity.

Beta Software

Although utilizable by experienced users, any SmartReach.io beta software is in the process of being developed, tested and evaluated. It has not been released for sale, distribution or any use by the general public. It is your responsibility to take adequate precaution against possible issues resulting from the use of our beta software. SmartReach.io beta software should under no circumstances be used on sensitive and/or valuable data. If you are in any doubt, please do not install and/or use beta software. We expressly represent that SmartReach.io beta software is not a final product and, as such, may contain various errors, defects and it may be unstable. We do not recommend you use SmartReach.io beta software unless you are an experienced user.

To the maximum extent permitted by applicable law, Smartreach.io will not be liable to you for any damages arising out of the use or inability to use our beta software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of our beta software to operate with any other programs). In no event shall SmartReach.io liability exceed the price you paid for SmartReach.io beta software, if applicable.

If you provide SmartReach.io with any “Feedback”, you agree that: (a) SmartReach.io may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any SmartReach.io product, specification or other documentation; and (b) you will not give SmartReach.io any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to license terms that seek to require any SmartReach.io product incorporating or derived from any Feedback, or other SmartReach.io intellectual property, to be licensed to or otherwise shared with any third party.

Any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by SmartReach.io through the beta version or in connection with testing and evaluation of SmartReach.io beta software is confidential.

Privacy Policy

SmartReach.io recognizes the importance of maintaining the privacy of personal data which it collects and processes. By accepting these Terms and Conditions you expressly agree to be bound by the SmartReach.io Privacy Policy.

Affiliate, Referral and Partner Programs

SmartReach.io provides a robust Affiliate Program tailored for both existing users of SmartReach and external entities (including businesses and individuals) interested in promoting SmartReach.io Services in exchange for a Referral Fee. By enrolling in our affiliate program, Affiliates, Referrers, and Partners consent to abide by the SmartReach.io Affiliate Terms & Conditions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the Terms or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Hyderabad, Telanagana, India and You hereby accede to and accept the jurisdiction of such courts.

Miscellaneous

The Terms are the entire agreement between You and SmartReach.io with respect to SmartReach.io, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and SmartReach.io with respect to the same. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms are personal to You, and are not assignable or transferable by You except with SmartReach.io’s prior written consent. SmartReach.io may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.