SALESY GENERAL TERMS AND CONDITIONS:
These Terms and Conditions were last updated on January 1, 2024. Please read these Terms and Conditions carefully before using the services at https://salesy.us/ operated by SALESY. These Terms set forth the legally binding terms and conditions and constitute the entire agreement between you and SALESY for your use of the Service. The term "you" will also include your employees or other authorized users to the extent applicable and permitted according to your subscription to the Service. By accessing or using the Service in any manner, including, but not limited to, visiting or browsing the Service, subscribing to automated emails, or contributing content or other materials to the Service, you agree to be bound by these Terms.
-
1. The Service
The Service is a customer prospecting and brand positioning tool. We reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice, at our sole discretion. Neither we nor our suppliers or licensors shall be liable to you or any third party for any modification, discontinuation, or restriction of the Service. We may, at our sole discretion and from time to time, offer you free trials of the Service or selected features of the Service for a limited period. Once the free trial period ends, your access to those trial features will terminate.
-
2. Eligibility
The Service is not intended for users who are consumers (individuals acting primarily for purposes other than trade, business, or profession), and, therefore, the applicability of consumer protection legislation is excluded. You must be 18 years of age or older to accept this agreement and use the Service. You represent and warrant that any information you submit is true and accurate, and that you are 18 years of age or older, being fully able and competent to enter into and comply with these Terms.
-
3. Account Registration
You must register to use certain features of the Service. By registering, you agree to: (a) provide accurate, current, and complete information about yourself as prompted by the Service's registration form ("Registration Data"); (b) maintain the security of any login, password, or other credentials you choose or that are provided to you to use the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; and (d) immediately notify us of any unauthorized use of your account or any other breach of security by sending us an email at contact@salesy.us
-
4. Fees and Payment
We will charge fees for the use of certain features of the Services, either on a one-time basis or through subscription. SaleSy reserves the right to implement fees or change the fees for the Service at any time by providing you with notice on the Service or in any other way. Fees will be paid in accordance with the list prices offered on our website in effect. The prices for Paid Services may vary depending on the billing period, the volume of unique opportunities, or another similar factor determined by us and set forth on our website. All prices on our website exclude any value-added tax. Paid Services may be purchased with a credit card, in cash, or through periodic billing. When you purchase any Paid Service with a credit card, you authorize SALESY or its third-party payment processors to charge the credit card you have identified (and which you represent and warrant you are authorized to use) with all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider may store your credit card information. If an invoice is required, it must be requested during the current month and once the payment or automatic charge has been made by sending an email to contact@salesy.us If SALESY does not receive payment from you or your credit card provider, you agree to pay all amounts due upon request, and SALESY may suspend your access to the Service until full payment is received or cancel the Service. All sales are final, and SALESY will not issue refunds, including for pre-paid periodic fees. If you choose a recurring automatic payment and then decide to cancel your subscription, canceling the payment is your responsibility. SALESY will not refund automatic payments not canceled in time.
-
5. Use Restrictions
Your right to use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, revocable, and subject to your compliance with the Terms at all times, including timely payment of all applicable fees for the Services. Without limiting the generality of the foregoing, you may not:
- - Access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- - Circumvent or bypass measures employed to prevent or limit access to the Service or certain features of the Service;
- - Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- - Incorporate, replicate, or otherwise reproduce any part of the Service on any other website without our prior written authorization;
- - Violate any applicable local, provincial, national, or international law or regulation; At any time, we may suspend or terminate your access to the Service if we have reason to believe you are not complying with the Terms or are abusing the Service in any other way.
-
6. Intellectual Property and Trademarks
We, our affiliates, and our suppliers and licensors own all rights, title, and interest, including intellectual property rights, in connection with the Service and any service available in connection with the Service. Except for those rights expressly granted herein, no other rights are granted, either expressly or impliedly, in your favor. All copying, distribution, or other use of the Service or any third-party service or content, except as expressly permitted herein, without the prior written consent of the respective rights holders, is prohibited. SALESY, the SALESY logos, and any other product or service name or slogan contained in the Service are trademarks or registered trademarks of SaleSy and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the corresponding trademark holder. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation by us, nor vice versa.
-
7. Availability and Disclaimer of Warranties
Your use of the Service is at your own risk. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding SALESY not expressly stated in these Terms. EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY SALESY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND SALESY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. SALESY MAKES NO WARRANTY THAT THE SERVICES (A) WILL MEET THE CUSTOMER'S REQUIREMENTS; OR (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, FULLY SECURE, OR ERROR-FREE BASIS.
-
8. Term, Cancellation, and Termination
The term of the Paid Services takes effect when we have received payment from you or your credit card provider. If the Service is provided to you for free, the term of the Service begins when you create your trial license and/or register your account. If your subscription is automatically renewable, your subscription to the Service will remain in effect and will automatically renew at the end of each subscription period unless you cancel your subscription or we cancel it. If your subscription is for a fixed period and/or is not automatically renewable, your subscription will automatically terminate at the end of the agreed subscription period. Separate order forms or written contracts for the Service may have special terms regarding renewal and defined notice periods for termination. Upon termination or expiration of your subscription, you must immediately cease using the Service and destroy any copy in your possession. You are free to cancel your subscription to SALESY at any time. Please note that no refunds are provided; you may use the product until the end of the current billing period, after which your credit card will not be charged again. The service will automatically renew for the previously contracted period and at the current price on the website at the time of renewal if not canceled via email to contact@salesy.us at least 5 business days prior to expiration.
-
9. Third-Party Service Data
SALESY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party service from where data is integrated into SALESY.
-
10. Links to Other Sites and Services
Our Service may contain links to third-party sites that are not owned or controlled by SALESY. SALESY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of such third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
-
11. Privacy Notice and Data Processing
We may process personal data as 1) data controller and 2) data processor. As a data controller, we may process personal data about you when you register for the Service or when you provide personal information in the context of these Terms. Our collection and use of this information, which we process as a data controller, are described in the Privacy Notice. As a data processor, we may process personal data that you have provided to us (including those collected or generated through the use of the Service) in order to provide the Service. If we do so, this processing of personal data is governed by a Data Processing Agreement between you and us. By using the Service, you agree to receive electronic communications from us. These communications may include notices about your account and information related to the Service.
-
12. Customer Data
You, your subsidiaries, affiliates, and clients retain all rights related to the data, personal data, or other information that you or another party on your behalf provide us with in order to provide the Service. For the avoidance of doubt, Customer Data is considered Confidential Information. We have the right to anonymize Customer Data, including data disclosed, used, or developed by you in connection with your use of the Service, and use such data to compile statistics and monitor and improve our Services. You will defend, indemnify, and hold harmless SALESY, its subsidiaries, affiliates, third-party partners, and advertisers, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any cost, damage, expense, and liability (including, but not limited to, reasonable attorneys' fees) arising from claims or actions by third parties relating to an alleged or actual infringement of third-party intellectual property rights by Customer Data.
-
13. Feedback
Any material, including, but not limited to, comments, suggestions, ideas, or other information provided by you in the form of email or other submissions to us (excluding Customer Data and other material you post on the Service in accordance with these Terms), is not confidential, and you hereby grant us, our subcontractors, and affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
-
14. Limitation of Liability
NEITHER SALESY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SaleSy OR ANY SaleSy SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING FROM OR RELATED TO YOUR ACCESS OR USE, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONTENT. THE MAXIMUM TOTAL LIABILITY OF SaleSy FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE IN CONNECTION WITH THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE THOUSAND MEXICAN PESOS (1000.00 MXN). ANY LIMITATION OF LIABILITY UNDER THIS SECTION 14 WILL NOT APPLY IN CASE OF DEATH, PERSONAL INJURY, FRAUD OR FRAUDULENT MISREPRESENTATION, OR IN CASE OF RECKLESS OR GROSS NEGLIGENCE..
-
15. Other Terms
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms found to be invalid, illegal, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue in full force and effect. Sections and headings in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that, by its nature, should survive termination of your license to access the Service or termination of these Terms (including, among others, provisions regarding indemnification, limitations of liability, warranty disclaimers, and intellectual property) will continue in full force and effect after such termination.
-
16. Contact Us
If you have any questions related to these Terms, you can contact us via email at the address: contact@salesy.us