Terms of Service | HelpCrunch

1. Terms

By accessing this “Website”, “You” (“Customer”) are agreeing to be bound by this website Terms and Conditions of Use, Privacy Policy, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

2.1. Permission is granted to temporarily download/use one copy of the materials (information or software) on HelpCrunch Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license You may not:

(a) modify or copy the materials;

(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

(d) remove any copyright or other proprietary notations from the materials;

(e) transfer the materials to another person or "mirror" the materials on any other server.

2.2. This license shall automatically terminate if You violate any of these restrictions and may be terminated by HelpCrunch at any time. Upon terminating Your viewing of these materials or upon the termination of this license, You must destroy any downloaded materials in Your possession whether in electronic or printed format.

3. Disclaimer

The materials on HelpCrunch Website are provided "as is". HelpCrunch makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HelpCrunch does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall HelpCrunch or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on HelpCrunch Website, even if HelpCrunch or a HelpCrunch authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

5. Revisions and Errata

The materials appearing on HelpCrunch Website could include technical, typographical, or photographic errors. HelpCrunch does not warrant that any of the materials on its web site are accurate, complete, or current. HelpCrunch may make changes to the materials contained on its Website at any time without notice. HelpCrunch does not, however, make any commitment to update the materials.

6. Links

HelpCrunch has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HelpCrunch of the site. Use of any such linked Website is at the user's own risk.

7. Fees and Payment

HelpCrunch reserves the right to require payment of fees for HelpCrunch Services (“Services”). All applicable fees are stated on the Website. You shall pay as described on the Website in connection with such Services selected by You. HelpCrunch reserves the right to change its price list and to institute new charges at any time, upon notice to You, which may be sent by email or posted on the Website. Your use of HelpCrunch Services following such notification constitutes Your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

8. Termination and Cancelation

8.1. This Agreement shall remain in full force and effect while You use the Services. You may terminate Your use of the Services at any time. HelpCrunch may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement. Upon termination of Your account, Your right to use the Services, access the Website, and any Content will immediately cease.

8.2. You may cancel Your HelpCrunch account at any time; however, unless HelpCrunch is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from You of an actual breach, identifying specifically the nature of the breach, You are not entitled to any refunds. If You violate this Agreement, we may cancel or suspend Your account without notice or refund to You. If Your account is canceled, HelpCrunch reserves the right to permanently delete all Your account data with no liability or notice to You. You will not be able to recover this data. If You cancel Your active paid HelpCrunch subscription before the end of Your current paid-up subscription period, Your cancelation will take effect immediately and You will not be charged again.

9. Site Terms of Use Modifications

HelpCrunch may revise these terms of use for its Website at any time without any notice. By using this Website You are agreeing to be bound by the then current version of these Terms and Conditions of Use and Privacy Policy.

10. Privacy Policy

10.1. Please review our Privacy Policy, which governs the use of personal information on the Website and in connection with the Services, and to which You agree to be bound as a condition of this Agreement.

10.2. All the issues related to collecting, processing and storing User’s personal data, which may appear in relations between HelpCrunch and its clients or/and third parties are regulated by the Privacy Policy.

10.3. Privacy Policy is a set of rules and regulations of HelpCrunch for processing User's data and interaction between the Parties in this process, within User's use of HelpCrunch Services. Privacy policy is created in accordance with a relevant current legislation and with the requirements of the General Data Protection Regulation (GDPR).

10.4. Privacy Policy is compiled accordingly of the international current legislation including requirements of GDPR.

10.5. Visitors which intend to use the functionality of HelpCrunch Services for the first time, including in a test format, are obliged to get familiar with the provisions of the Privacy Policy.

10.6. Existing users which are already using the functionality of HelpCrunch Services at the time when the Privacy Policy comes into effect, are required to get familiar with its current provisions. At the same time, HelpCrunch is obliged to send out the current version of the Privacy Policy to Users. In this case, HelpCrunch should use an email address specified by a User during the process of filling in the corresponding registration form of HelpCrunch Services.

11. Governing Law

Any claim relating to HelpCrunch Website shall be governed by the laws of the United States of America without regard to its conflict of law provisions.

12. Marketing

Customer hereby grants HelpCrunch the right to identify Customer as a HelpCrunch customer, and use Customer’s name, mark and logo on HelpCrunch’s website and in HelpCrunch’s marketing materials in connection with the Customer’s use of the Service.

13. Acceptable Usage Policy

13.1. To maintain the highest levels of deliverability for our customers, we do not allow certain types of email content as a policy.

13.2. Emails sent to market or sell goods, without adding any value to the subscriber, are not allowed. These emails receive a large number of spam complaints from subscribers. This results in a lower reputation score as an email service provider. This then has the ability to hurt the deliverability of our other customers.

13.3. Don’t use HelpCrunch to send anything offensive, promote anything illegal, or harass anyone. You may not send:

a) Campaigns offering to sell illegal goods or services
b) Emails that violate CAN-SPAM Laws
c) Pornography/sexually explicit content
d) Content that may incite violence, illegal activity, or contain hate speech
e) Misrepresenting or impersonating another individual, business, or association with an individual or business

13.4. Some industries have higher-than-average abuse complaints, which can jeopardize the deliverability of our entire system. In order to maintain the highest delivery rates possible for all our customers, we can’t allow businesses that offer these types of services, products, or content:

a) Content that in any way exploits minors under 18 years of age
b) Viruses, worms, phishing, malware, or any other potentially harmful software
c) Purchased or rented lists (of any form)
d) Disguised self-identity, website, or industry
e) Poor performance due to your list collection methods or low-quality content
f) Any content that is reported to us as unsolicited or may be perceived as spam

13.5. The type of Affiliate Marketing we allow:

a) Emails that educate subscribers or provide something of value MAY include affiliate links. These kinds of emails do not lead to spam complaints, and we allow them.
b) Sending information about your own affiliate program to your registered affiliates is allowed.
c) We also allow sending of affiliate marketing content to engaged subscribers. This content is expected by the subscriber base and does not result in spam complaints.

13.6. What type of Affiliate Marketing is not allowed:

a) We do not allow emails with the sole purpose to send affiliate links to a large number of subscribers.
a) We do not allow affiliate emails that endorse a third-party product or service "out of the blue". Promotion for a 3rd party product should include education about that product.
a) We do not allow emails with suspicious or spammy content. This includes get-rich-quick schemes, gambling, and multi-level marketing, among others.

13.7. We continually monitor accounts to ensure best practices are being followed. We review bounce, spam complaint, and unsubscribe rates to ensure accounts are operating within our terms. Elevated bounce, complaint, or unsubscribe rates may result in a manual review, suspension, or termination of the account. Any account closed for such a reason will not be entitled to a refund or export of any data or details including Subscriber lists.

14. Contact

If You have any questions, complaints, or claims with respect to HelpCrunch Services, You can contact us at [email protected]. Please forward all Your GDPR related questions to [email protected]

Updated on Nov 23, 2022