Terms Of Service
I. General provisions
GetResponse Sp. z o.o. (Polish limited liability company) incorporated under the laws of the Republic of Poland, with its registered office at Arkonska 6, A3, 80-387 Gdansk, Poland, entered in the National Court Register kept by the District Court Gdansk – North in Gdansk under number (KRS) 0000187388, Tax Identity Number: 9581468984, share capital of 5.559.840,00 PLN (“GetResponse”, “we”, “us”) is the provider of certain online marketing and related services known as the GetResponse Service (the “Service”). The Service is a business-to-business service only. We conclude agreements only with customers who subscribe to the Service for purposes relating directly to their trade, business or profession. These Terms of Service (the “Terms of Service”) set the rules for the use of the Service by our customers.
By clicking the button to subscribe to the Service the company, organization, or other business entity identified during the registration process (“you” or the “Customer”) thereby accepts and agrees to these Terms of Service and agrees to use the Service in compliance with the provisions of this document. If an individual is subscribing to the Service, that individual thereby represents and warrants to us that she or he is authorized to do so (and is thereby doing so) on the Customer’s behalf. You should retain a copy of these Terms of Service for your records, as upon clicking the button to subscribe to the Service, they constitute a legal agreement between you and GetResponse. If you do not agree with any of the provisions of this document, you may not subscribe to or use the Service. We reserve the right to reject your request, registration or application for subscription to the Service (“Subscription”) for any or no reason as long as it is not an unlawful reason.
Under the Service we provide you with:
- access to and use of our web-based, SaaS (Software-as-a-Service) model platform (the “GetResponse platform”) as made generally available to other customers, that allows you to create, send, manage your marketing campaigns and host mailing lists by using tools such as: Newsletter Creator, Landing Page Builder, Marketing Automation Software, and many others,
- Customer Service as described below,
- additional features (add-ons) and services. You’ll need to separately order and pay for some add-ons and services.
The detailed scope of Service features available to you under your Subscription (“Subscription Plan”) is provided at GetResponse Pricing, and depends on the “Billing Plan” and “List Size” that you choose.
You may use the Service to send emails only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Contacts”), unless you have another valid legal basis to process your Contacts’ personal data within the Service.
In order to use the Service, you must create an individual account in the GetResponse platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of other users of your Account (“Users”). Certain features of the Service enable you to specify the level at which the Service restricts user access to the Account, Webinars (defined below) and Content (defined below). You are solely responsible for applying the appropriate levels of access.
3. Free Trial
GetResponse offers a 30-day free trial version of the Service (“30-Day Free Trial”). Within the 30-Day Free Trial you may host up to 1000 Contacts in your mailing list and the Service is rendered for 30 days. It may also be limited in other ways. You may create only one Free Trial Account. You may upgrade the 30-Day Free Trial to a paid version at any point. However, Accounts which have not been upgraded to a paid version within the trial period or within 60 days after the trial period ends, will be permanently disabled.
You may upgrade your Subscription Plan or order an add-on at any time. If you purchase an add-on during the period for which you have subscribed to the Service (the “Billing Period”), we will align your add-on billing cycle with your Subscription Plan monthly cycle, so that the payment dates for all services under your Subscription Plan are in line. The initial add-on will therefore be calculated in proportion to the number of days remaining until the end of the then current monthly cycle in your Subscription Plan.
In connection with the provision of the Landing Page Builder add-on, we enable you to integrate your landing page(s) either with sub-domains provided by us or with your own domains. You are solely responsible for verification whether any selected domain or sub-domain name infringes any third party rights, as we cannot and do not perform such verification and we expressly disclaim any and all liability arising directly or indirectly in connection with any such domain or sub-domain names. We reserve the right to block any domain or sub-domain, cancel or change the name of any domain or sub-domain that you select, including but not limited to, if we are ordered to do so by a court or other governmental authority or reasonably believe that we must do so in order to avoid infringement or violation of any third party or GetResponse right.
The Webinar feature allows you to organize on-line conferences (“Webinars”) for a certain number of participants (“Participants”). You may use this feature for conferences in which you take part as an active Participant.
You are not allowed to run more than one Webinar at a time within one Account. Please bear in mind that Webinars may be unavailable in any particular location.
7. Additional features (add-ons) and services
8. Beta-test Versions
From time to time GetResponse may offer a beta-test version of new features. This allows our Customers to try new solutions we come up with and helps us better understand your needs and develop the Service accordingly. If you decide to use a feature available in beta-test version, you agree that:
- The feature is available only for a limited period of time and can be deactivated at any time and at our sole discretion.
- The feature is available only to a limited extent and may be modified at any time and at our sole discretion.
- GetResponse does not warrant that any feature made available in a beta-test version will be included in the Service, we are not obliged to maintain or support any such feature, and we may cease development of any such feature at any time and at our sole discretion.
- You are solely responsible for consequences of using the beta-test version, including but not limited to, any impact such use may have on your Account settings, set or planned campaigns, collected data and other information, or otherwise. Please remember that once we deactivate a beta-test version of a feature, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information cannot be reversed, and GetResponse shall bear no responsibility or liability for any consequences resulting therefrom.
- At the end of a beta-test version period, one or more beta-tested features may be made available for a separate fee (e.g. as a paid add-on), or as a component of particular pricing options only. Customers interested in using such features may need to upgrade their Accounts to a more advanced pricing option in order to use such features.
III. Technical requirements
IV. Use of the Service
Upon successful registration and Subscription to the Service, you agree to:
- use the Service for purposes directly related to your trade, business or profession;
- maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
- send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
- conform to all applicable laws, regulations, rules and requirements (“Legal Requirements”) relating to the transmission of emails (including but not limited to, commercial emails) and the processing and transmission of personal data, including but not limited to the Legal Requirements in force in your country of residence;
- keep all login credentials provided to you secret and confidential.
- have an establishment in the European Economic Area (the “EEA”), or
- offer goods or services to data subjects in the EEA, irrespective of whether a payment is required, or
- monitor behaviour of data subjects in the EEA,
you represent and warrant that in using the Service, in particular in creating lists of Contacts, sending e-mails and collecting personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states. In particular you are obliged to:
- clearly inform data subjects about means and purposes of the processing of personal data, including for processing in the Service;
- obtain and maintain express and valid consent of the data subject to transfer their data to GetResponse and to be processed in order to send them electronic communication by GetResponse on your behalf;
- agree to indemnify and hold GetResponse harmless from any losses resulting from breach of the above warranties and obligations.
Accepting these Terms of Service you engage GetResponse in processing of the personal data necessary to provide you with the Service on terms and conditions stipulated in Data Processing Agreement, which constitutes an integral part of these Terms of Service.
This Agreement is also available to download in the Customer’s Account at any time.
To the extent GetResponse receives from you any personal information (as defined by the California Consumer Protection Act of 2018 (the “CCPA”), for the sake of this section defined as the “Personal Information”) of any “consumer” (in the meaning assigned thereto by the CCPA) for processing, GetResponse and you acknowledge that we shall serve as a service provider in the meaning of the CCPA, and as such, we shall not:
- retain, use or disclose the Personal Information for any purpose other than for the specific purpose of performing Service under this Terms of Service or as otherwise permitted by the CCPA, including for any “business purpose”, as defined by the CCPA;
- retain, use or disclose the Personal Information for any “commercial purpose” (as defined by the CCPA), other than providing the Service under the Agreement or as otherwise permitted by the CCPA;
- “sell” (as defined by the CCPA) Personal Information.
The role of GetResponse shall be limited to providing you with the Service tools to be used for the purpose of Personal Information processing. We do not have any impact on the scope of the Personal Information you process in the Service; and except for specifying the minimum scope of the Personal Information required for the proper use of the Service, GetResponse does not determine the purposes and means of processing, does not monitor the scope of these data or the lawfulness of the basis for its processing, nor does it check if you processes them correctly.
You agree that in case we receive a request from your Contact, who wants to exercise his/her rights under the CCPA, we shall inform such Contact that GetResponse acts as a service provider, and further GetResponse shall direct such Contact to you being an entity that determines the purposes and means of the processing of Personal Information.
While it is your responsibility to satisfy the requests of consumers, and to prepare replies thereto, we, to the best of our abilities and to a reasonable extent, shall reasonably support you, in fulfilling your obligations, in particular through the application of appropriate technical and organizational measures necessary for you to support the exercise of the consumers’ rights under the CCPA.
You are obliged to timely pay all applicable Subscription fees for your use of the Service in accordance with the Billing Plan, List Size and Subscription Plan you have chosen, and these Terms of Service. We offer a variety of different Subscription Plans, monthly, annual and two-year Billing Periods, and List Size tiers that vary by Subscription Plan. Current Subscription Plans, Billing Periods and List Size tiers are available at: GetResponse Pricing.
Access to the Service is provided to you after we have received the applicable Subscription fee, calculated on the basis of the Subscription Plan, Billing Period and List Size you have chosen (pre-paid Subscription).
You may pay for the Service using a credit card, PayPal or alternative payment methods, subject to restrictions on certain payment methods depending on your country. If you choose to pay fees with a credit card, you hereby agree to pay them in the form of a recurring payment, under which the Subscription fee is processed automatically based on the Subscription Plan, Billing Period and List Size you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (“recurring payment date”). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Service is terminated. In the event that the credit card you provided us expires or any credit card information changes or becomes out of date, in order to procure continuity and avoid Service interruptions, you hereby authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number, and to continue billing on the same terms using the updated or replacement information. We are not responsible for any fees charged by payment services providers.
We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days and two years have 720 days.
The number of your Contacts is the peak number of all Contacts within your Account – the exact number is visible in the Search Contacts tab. Please bear in mind that we monitor for the peak number of Contacts accumulated in all your campaigns in a given month, which means that Contacts are unique within each campaign, but not within the entire Account. As regards the Landing Page Builder add-on we count the number of unique visits on a published landing page in a given month.
If you exceed the number of Contacts (referred to as the “List Size” in GetResponse Pricing) that you initially chose, the following rules will apply:
- you will pay an additional fee (a “List Extension Fee”) equal to (i) the monthly Subscription fee for the Subscription Plan that you initially chose, at the List Size tier sufficient to cover the number of Contacts for that month, minus (ii) the Subscription Plan and Pricing Option that you initially chose, at your initial List Size tier;
- if you exceed the maximum List Size provided for your Subscription Plan at GetResponse Pricing, the List Extension Fee will be the sum of the amount calculated in accordance with 5(a) above, plus $4 for every started block of one thousand (1,000) Contacts over that maximum List Size;
- if you surpass the List Size you have chosen and paid for by four levels, your ability to add more Contacts will be blocked. In such cases you should contact our Compliance Team. After we confirm that exceeding the limit does not infringe law, our policies or these Terms of Service, we will unblock the ability to add more Contacts;
- all additional payments mentioned above must be paid in the month directly following the month in which the List Size was exceeded.
We reserve the right to change the fees for the Service and add-ons at any time by posting a new pricelist to GetResponse Pricing. The new pricelist applies to all new Accounts and Subscription Plan changes.
All fees are exclusive of taxes. Where appropriate, value added tax (VAT), goods and services tax (GST) or any other tax on sales (irrespective of the designation of the tax adopted in various jurisdictions) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT, GST or any other tax on sales purposes in your country. At our request, you will provide us with the VAT, GST or any other tax on sales registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
Please note that some taxes depend on the region, province, state, town or district where you are located. You need to provide us with your correct address at all times, as we do not bear any responsibility resulting from wrong calculation of taxes due to inaccurate or wrong indication of address by you.
VI. Prohibited practices, content and industries
Certain Content may be illegal or result in higher than normal bounce rates and abuse complaints, which may affect the deliverability of GetResponse’s platform to you and others. You acknowledge the foregoing and agree that you will not use the Service to stream, disclose, engage in, offer to sell, and/or promote, either directly or indirectly, any goods or services identified here, and that doing so is considered a violation of these Terms of Service and grounds for termination of your Subscription.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service or any Website. You further agree not to take any action that imposes unreasonable or disproportionately large load on the Service, any Website, or any network or other Service infrastructure.
We do not pre-screen or control Customer’s activity related to the use of the Service. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any Content, suspend email campaigns, block Customer’s landing page, stop Webinars, suspend access to the Service or any part thereof, with or without notice, at our sole discretion if we reasonably determine that Customer’s, User’s or Participant’s activity or the Content 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, without in any way limiting the disclaimer and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
1. Fair Usage Policy
In order to help ensure the quality and accessibility of the Service to our Customers, you agree not to use the Service or features thereof in a manner that is excessive or unreasonable relative to other Customers under similar Subscription Plans and List Sizes.
Please note that we do not impose quantity restrictions on features such as number of sent emails, or landing pages, and that access to tools and features made available to you for “unlimited” use as part of the Service is not restricted if used in accordance with this Fair Usage Policy. However, we monitor various parameters on a case by case basis to identify and prevent excessive or unreasonable use that may adversely affect other Customers or performance of their campaigns.
If our Compliance Team in its sole discretion detremines that your use of the Service or any feature thereof is excessive or unreasonable, overloads our systems and as a result, detrimentally affects other Customers, we will promptly advise you on how to reduce your usage.
If you do not follow that advice, and your usage continues to affect other Customers, you agree that we may immediately suspend or terminate your access to the Service in whole or in part and that you will not be entitled to a refund of any amounts previously paid. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstances shall we be liable for the consequences of any measures taken pursuant to this paragraph.
2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our Customers to do the same. We may, in appropriate circumstances and at our discretion, disable or terminate the Accounts of Customers who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: GetResponse Sp. z o.o.
Arkonska 6/A3, 80-387 Gdansk, Poland
By phone: +48 58 668 31 33
By email: firstname.lastname@example.org
You can also use our contact form.
Any and all information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Service, including but not limited to on your landing page(s) or during Webinars, or that your landing page visitors or Participants upload, post or stream on your landing page(s) or during Webinars (“Content”), are solely your responsibility. Content also includes any links to other websites or resources or other third-party services that you use. We do not claim ownership of the Content and you (or your landing page visitor/Participant, as applicable) retain all right, title, and interest in and to the Content. Notwithstanding the forgoing, the term “Content” does not include any materials that you take from our resources, including but not limited to from Multimedia Studio and our collection of predesigned templates. You agree that we can present your landing page in our marketing materials, in particular case studies.
You are entitled to use materials that we render available to you solely to use the Service for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources (in particular the Multimedia Studio) may include materials that are subject to third party copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in email campaigns and on your landing page(s) or Webinars. If you do not satisfy any such demand, we will be entitled to delete such materials at our sole discretion. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
If you post, upload, send, stream or otherwise make available Content through third parties or which belongs to a third party, you are obliged to adhere to such third party terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service.
You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content or the activity of your landing page visitor or Participants violates the law or the third party rights.
VIII. Customer Service
We provide Customer Service via Email or Live Chat. When requesting customer service or submitting a complaint, you should provide at least your Account name – we do not reply or take any action based on “anonymous” support requests. Customer Service contact details are available at getresponse.com and within your Account under the “Support” tab. Most customer service enquiries are responded to within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.
You may cancel your Account at any time in accordance with this Section 9. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account you must follow the instructions provided on this webpage. Please note that if you cancel your Account, your Subscription will be terminated with immediate effect. The GetResponse Platform allows for restoring the Account (along with all data and Contacts List) within 60 days from the date of its deactivation (regardless of the reasons for the deactivation). Restoration of the Account is subject to prior payment of the Subscription fee for the then next Subscription Period for the Service. We reserve the right to refuse to restore any Account without reason (including but not limited to, if we cancel the Account due to our termination of your Subscription or suspension of the Service).
We reserve the right to terminate or suspend your Subscription with immediate effect and refuse you any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service or any other agreement with GetResponse, or cancel your Account. Without limiting the foregoing, the activities specified here each constitute a violation of our Terms of Service and grounds for immediate termination and or/suspension of your Subscription.
We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Service.
Termination, suspension as well as downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, etc. Please remember that once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed, and GetResponse shall bear no responsibility for consequences resulting therefrom.
XI. 30-Day Free Trial; Refund Policy
30-Day Free Trial: this version of our Service requires no credit card for signup. This gives you a zero-charge way to try our Service for 30 days. If you decide to upgrade at any time during the 30-Day Free Trial, the free trial ends and your Account is upgraded to a Paid Account.
Paid Account: When you purchase a Paid Account or upgrade from a 30-Day Free Trial to a Paid Account, the GetResponse billing system charges your credit card for the initial billing period (i.e. the 30-day, one year, or two-year Billing Period, depending on your Subscription Plan). After that, the billing system automatically renews your Account every 30 days if you choose the monthly plan, (every 360 days if you choose the annual plan or 720 days if two-year Subscription is chosen) and charges the appropriate amount to your credit card.
Cancellation/Termination: if you cancel your Account or if we terminate your Subscription for cause as specified in Section 10 above, no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.
Refund Policy: our Service is a pay-as-you-go service. Therefore, except as expressly provided below, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for a new billing period. For example, if we charge your credit card on August 10th, and you cancel your Account on August 15th, you are still responsible for paying for the entire Billing Period (30 days, one year, two years, depending on your subscription Plan). Upon cancellation or termination, no subsequent charges will be applied to your credit card, but the amounts already charged are not refunded.
Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable. Please note that cancellation or termination does not release you from the obligation to pay any fees already due as of the effective cancellation or termination date.
Notwithstanding the above, if we terminate your Subscription without cause, then we will refund a pro rata portion of the amount you already prepaid for the portion of the Subscription remaining after the effective termination date.
XIII. Copyright and Trademarks
The Service, all GetResponse software, and the content included on the Websites (such as text, graphics, logos, button icons, images, audio clips and software) (collectively, the “GetResponse Intellectual Property”), are the property of GetResponse or its content suppliers and protected by Polish, United States and international copyright laws. No part of the GetResponse Intellectual Property may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
“GetResponse” is a registered trademark of GetResponse in the European Union, the United States, as well as in other countries. Without our express consent, our trademarks, service marks, logos and other indicia of source may not be used in conjunction with other entities’ products or services in any manner whatsoever, including but not limited to in any way that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products or services.
XIV. Service accessibility
We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Service or any of the Websites, at any time without prior notice.
XV. Disclaimer of Warranties. Limitation of Liability
You acknowledge and agree that GetResponse provides the Service and Websites on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
Every online business is unique, employing its own strategic approaches, and offering different products and services. For these reasons, individual results of each of our Customers will be different. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY, BASED UPON NUMEROUS FACTORS UNIQUE TO YOUR BUSINESS. THIS INCLUDES BUT IS NOT LIMITED TO PRODUCTS AND SERVICES YOU OFFER, YOUR BUSINESS MODEL, AND MARKETING STRATEGY.
GetResponse does not promise, guarantee, or warrant your business’ success, income, or sales volume. You understand and acknowledge that GetResponse will not at any time provide sales leads or referrals to you or your business. Customers who purchase our Service will receive access to software and tools to run online marketing campaigns, create online sales funnels, and otherwise aid their Internet marketing strategy. However, we do not promise or warrant your business’ success, and depending on a variety of market factors beyond our control, the software, tools and features we provide may or may not be suitable to your specific business. Also, we do not make income claims, return on investment claims, or claims that our software, tools and features will help you earn any specific amount of money. We also do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, financial advisor or other professionals for advice on these matters.
You are solely responsible for your use of the Service, any of the Websites and any and all Content, Webinars and email campaigns that you develop, operate or send using the GetResponse platform. It is your duty and responsibility (and not ours) to back up all your files and data stored on our servers and under no circumstances will we be liable for any loss or damages due to loss of such files or data stored on our servers.
Without limiting the foregoing, GetResponse is not responsible or liable to you for any:
- actions or omissions of any third party, including but not limited to Users or Participants, and other third parties using your Account with login credentials, passwords or details obtained from you or in other circumstances beyond GetResponse’s reasonable control;
- failure of external conditions, networks or telecommunications devices or equipment necessary to use the Service that are provided by third parties or otherwise beyond GetResponse’s reasonable control;
- problems of any kind with features used within test versions, including but not limited to beta-test versions;
- insufficient or fluctuations of the bandwidth used by Customer, User or Participant which may affect Content quality.
To the maximum extent permitted by law, you agree that in connection with the Service, the Service or use thereof: (i) GetResponse, its employees, directors, officers or representatives shall not be liable for any indirect, incidental, punitive, special or consequential damage or loss (even if advised of the possibility of such damage), however caused and irrespective of the nature of the cause of action, demand or claim, whether in contract, tort (including negligence) or otherwise and (ii) GetResponse’s entire liability to you for any and all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, judgements, and awards arising under or in connection therewith (each a “Claim”), in the aggregate, regardless of the form and cause of action, whether in contract, tort (including negligence) or otherwise, shall not in any event exceed the equivalent of amount paid for the Service for one Settlement Perion (Settlement Period shall mean, respectively, monthly period or 30 days) immediately preceding the date when the event causing the Claim occurred, with the exclusion of any amounts representing setup fees, List Extension Fees paid add-ons fees, or any other extra charges. The Customer hereby releases GetResponse, its employees, directors, officers and representatives from any and all Claims in excess of the aforementioned limitation.
Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of the Service, and whose activity is independent of the parties hereto.
You agree to indemnify and hold GetResponse, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from (i) any failure by you or any individual using your login credentials to comply with your obligations under these Terms of Service, (ii) violation of any law, or of the rights of any third party by you, your User, or any of your landing page visitors or Participants, (iii) your use of any third party service or integration of the Service with any third party service, or (iv) any User’s or Participant’s Content or activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.
XVI. Final Provisions
These Terms of Service are valid as of the earlier of the date provided to you or posted on the Website (January 1, 2020).