Terms of Service and Use of Greetly
By using the web or mobile site www.Greetly.com, our iOS or Android apps, and/or any related end clients, tools, applications, data, software, APIs, or other services (collectively, the “Service” or “Services”) provided by Greetly, Inc. (“Greetly,” “we” and “us”), you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Agreement”). These Terms of Service are a binding contract between you and Greetly. Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of the Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access our websites or applications or use any Services.
Any new features or tools which are added to the Service from time to time shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
Using the Service or communicating with Greetly through www.Greetly.com or via email, chat, website form submission, or voice over internet protocol may constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on our website or applications, satisfy any legal requirement that such communications be in writing.
Greetly offers a communications service. Users can send and receive text (SMS), email, voice, and instant message communications (“Content” or “Messages”), including via Microsoft Teams, Google Chat, or Slack integration, which may be stored by Greetly or our third-party providers. By entering the contact information of your organization’s employees and agents into Greetly, you certify their intent to register to receive voice and text messages from Greetly, thus making us compliant with the Telephone Consumer Protection Act. You are responsible for notifying and obtaining the consent of such employees and agents prior to providing Greetly with their contact information. You also take responsibility for any text messaging and data fees your or their cell phone carrier or other service providers might charge in association with messaging from Greetly.
By accessing or using any part of the Services, you agree to be personally bound by these Terms of Service. In addition, if you are entering into this agreement on behalf of an organization or other entity (e.g. your employer), you represent that you have the authority to bind such entity, in which case the terms “you” or “your” in these Terms of Service shall also refer to such entity, and such entity shall be fully bound by these Terms of Service. If you do not have the requisite authority to enter into this Agreement, or if you do not agree with these terms and conditions, you must not accept this Agreement and neither you nor your organization or its personnel may use the Services.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You are prohibited from allowing someone else to log into or accesses the Services as you or through your account. You acknowledge that Greetly is not responsible for third-party access to your account that results from theft or misappropriation of your account. Greetly reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Payment, Downgrading, and Cancellation/Refund Policy
Unless otherwise expressly agreed in writing between you and Greetly, all Services require a valid credit card upon registration. Some accounts are subject to a free trial period, in which case you will not be billed during the free trial period. Following any free trial period, Services are billed in advance on a monthly or annual basis, unless a different billing period is expressly agreed in writing between you and Greetly. Services renew automatically unless canceled in accordance with these terms and conditions prior to the end of your current billing period. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment on all such taxes, levies, or duties.
You are solely responsible for properly canceling your account. You can cancel your Account at any time by sending an email to firstname.lastname@example.org with the subject line “Account Cancellation” from the email address of an account administrator and returning any equipment, if applicable. If you cancel the Service before the end of a paid monthly or annual subscription period, your cancellation will take effect immediately and You will not be charged again, but you will not be entitled to a refund for any remaining portion of your current billing period. If you cancel after your current billing period has ended and an automatic renewal has taken effect, you will be required to pay for the full automatic renewal period and will not be entitled to a refund for any portion of the remaining renewal period after your cancellation.
In the event that you fail to make any payment to Greetly when due, Greetly shall, in addition to and not in lieu of any other relief or remedy available to it, shall have the right to charge and collect from you (i) interest on the delinquent amount from the due date until paid at the rate of one and one-half percent (1.5%) per month, or if less, the highest amount permissible under applicable law and (ii) Greetly’s costs and expenses (including without limitation reasonable attorney’s fees) incurred to enforce any such delinquency in payment.
Greetly, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Greetly service, for any reason at any time. Such termination of the Service will result in the deactivation and/or deletion of your account and/or your access to your account, and the forfeiture and relinquishment of all Content in your account. Greetly reserves the right to refuse service to anyone for any reason at any time. Greetly shall not be liable to you or to any third party due to your account being canceled or terminated, including accounts terminated by Greetly due to violation of the Agreement. For any upgrade or downgrade changes made to your account, your credit card will automatically be charged the new rate on your next billing cycle. Upgrading or downgrading your Service may cause the loss of content, features, or capacity of your account. Greetly does not accept any liability for such losses.
No Unlawful or Prohibited Use
As a condition of your use of Greetly, you warrant to Greetly that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service or applicable law, or that will violate the rights of any party, including Greetly. Without limiting the generality of the foregoing, you may not contribute any Content or otherwise use the Services or interact with the Services in a manner that: infringes or violates the intellectual property rights or any other rights of any party; violates any applicable law, rule, regulation, or policy (including those regarding “spam”); is fraudulent, deceptive, harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable; jeopardizes the security of your or someone else’s Greetly account; attempts to obtain the password or other security information of another user or thwart any passwords or security encryption; violates the security of any computer network, or runs any form of auto-responder or spam on the Services.
You may not use Greetly in any manner which could damage, disable, overburden, disrupt, interfere with, or impair the Service (or the servers and networks which are connected to the Services) or interfere with any other party’s use and enjoyment of the Service.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained in or accessed through the Service. Unless otherwise expressly agreed in writing between you and Greetly, you may not resell the Service or solicit any users of the Service for commercial purposes. You are prohibited from removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service.
You understand that Greetly owns the Services. For so long as you are a paying client of Greetly, you are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms of Service. Other than as expressly set forth in this Agreement, no license or other rights in any Greetly IP are granted to you. Without limiting the generality of the foregoing, Greetly shall own and retain all rights, title, and interest in and to: (1) the Service, including the source code and object code and the underlying structure, ideas, know-how or algorithms relevant thereto; (2) any software, documentation, data, applications, inventions or other technology related to or developed in connection with the Service; (3) all improvements, enhancements or modifications to any of the foregoing, and (4) all intellectual property rights related to any of the foregoing (collectively, “Greetly IP”), and such Greetly IP shall be Greetly’s sole and exclusive property. You shall have no proprietary interest in the Greetly IP, even if a portion of such Greetly IP (e.g. an improvement, modification, or feature) was created at the request or suggestion of, or based on feedback from, you.
Greetly continuously makes changes to the Services in order to provide the best possible service for its users. You accept and agree that the form and nature of the Services which Greetly provides may change without prior notice. Continued use of the Services after any such changes shall constitute your consent to such changes. As part of this constant innovation, Greetly may stop providing the Services (or any features within the Services) to you or to users at Greetly’s sole discretion, without prior notice to you. You may stop using the Services at any time, subject to the foregoing cancellation/refund policy. In order to access certain Services or use them on an ongoing basis, you may be required to provide information about yourself and any affiliated entity as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to Greetly will always be accurate, correct, and up to date. Failure to provide the correct information may result in account deactivation.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Greetly unless you have been specifically allowed to do so in a separate agreement with Greetly. You specifically agree not to access or attempt to access, any of the Services through any automated means, including use of any scripts, web crawlers, spiders, robots, or site/search retrieval application.
There are currently no limits to the number of Messages transacted through the Service or in the amount of storage space used for the provision of any Service. You accept and agree that limits may be set at any time, at Greetly’s sole discretion.
You agree to never impersonate any person or entity or misrepresent in any way your affiliation with a person or entity.
Messages shall be deemed to have been delivered when Greetly delivers the Messages to the immediate destination, including mobile telephone networks, or any other intermediary server/API that is designated as the point of delivery for the message. Greetly does not guarantee delivery on behalf of mobile carriers. Although Greetly provides extensive text messaging coverage including all major U.S. mobile carriers, Greetly makes no guarantees to its network coverage.
You understand that Greetly uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. You understand that Greetly’s Service acts only as a platform for users to send communications to one or more contact’s mobile devices and/or email servers and that Greetly does not itself verify the content of Messages sent by users or Messages received by users. Greetly cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality, or applicability of any communication sent or received by any user.
Unless you have been specifically permitted to do so in a separate agreement with Greetly, you agree that you will not modify, adapt, reverse engineer, reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
At its sole discretion, sixty (60) days after your Account is terminated for any reason, or after your trial period lapses, Greetly will permanently delete your Service Data for the canceled Service.
Greetly does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
Greetly does not make any representations or warranties concerning (1) any content contained in or accessed through the Services, or (2) any products or services (including those provided by third parties) recommended or suggested by, or otherwise made available through, the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, appropriateness, or decency of material, products, or services contained in or accessed through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Greetly or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product or service).
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.
IN ADDITION, GREETLY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS, CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE GREETLY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY ADVERTISEMENT. YOU UNDERSTAND AND AGREE THAT GREETLY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THIRD-PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR MADE AVAILABLE THROUGH THE GREETLY SERVICE.
SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GREETLY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR PHONE FAILURE OR MALFUNCTION, INCLUDING THOSE ARISING OUT OF THE USE OR INABILITY TO USE THE GREETLY SERVICE OR ANY OTHER SERVICE OR PRODUCT, OR (B) ANY MATTER BEYOND GREETLY’S REASONABLE CONTROL, WITHOUT REGARD TO WHETHER GREETLY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL GREETLY’S AGGREGATE, CUMULATIVE LIABILITY IN ANY WAY RELATING TO THIS AGREEMENT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GREETLY IN CONNECTION WITH THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
To the maximum extent permitted by applicable law, you agree to indemnify and hold Greetly harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of or related to: (1) your breach of this Agreement; (2) your Content; (3) any activity in which you engage on or through the Service; and (4) your violation of any law, rule, regulation, or policy, or the rights of a third party.
Greetly reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof at any time, without notice. By way of example, and not as a limitation, any of the following shall be deemed a violation of this Agreement and may result in the termination of your account: you are not of legal age, or you lack sufficient authorization or capacity within your organization, to form a contract with Greetly, or you are a person or entity barred from receiving Services under the laws of the United States or other countries including the country in which you will use the Services; accounts registered by “bots” or other automated methods; use of verbal, physical, written or other abuse (including threats of abuse or retribution) of any Greetly customer, employee, member, or user; using the Service for any illegal or unauthorized purpose; or violating any laws in the United States and/or your jurisdiction, including but not limited to copyright or trademark laws.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of the courts in New York County, NY in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Greetly as a result of this agreement or use of the Service. Greetly’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Greetly’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Greetly with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Subject to the provisions above relating to payment default by you, in the event of any suit, action, claim or other legal proceeding arising out of or relating to this Agreement, the non-prevailing party in any such suit, action, claim, or other legal proceedings, as determined by the applicable court of competent jurisdiction, will pay its own expenses and the reasonable out-of-pocket expenses, including without limitation reasonable attorneys’ fees and costs, reasonably incurred by the prevailing party.
We may assign this Agreement, in whole or in part, and may delegate any of our obligations hereunder. You may not assign this Agreement, in whole or in part, nor transfer or sub-license your rights hereunder, to any third party.
Greetly welcomes your feedback. Please contact us by email at email@example.com or by snail mail at Greetly, Inc., 1805 S Bellaire St, Suite 501, Denver, CO 80222, United States.
Updated September 7, 2020.