GetResponse social Ads Creator Terms of Use

General provisions

GetResponse Sp. z o.o. (Polish limited liability company) incorporated under the laws of the Republic of Poland, with principal office at Arkonska 6/A3, 80-387 Gdank, 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 a mobile based application named GetResponse Social Ads Creator (the “Application”). This is a business-to-business service only. We conclude agreements only with users who install the Application for purposes relating directly to their trade, business or profession. These Terms of Use and the End User License Agreement (the “Terms of Use”) set the rules for the use of the Application by our Users.

By installing the Application the company, organization, or other business entity (“you” or the “User”) thereby accepts and agrees to these Terms of Use and agrees to use the Application in compliance with the provisions of this document. These Terms of Use constitute a legal agreement between you and GetResponse. If you do not agree with any of the provisions of this document, you may not install or use the Application. We reserve the right to reject your request for installation for any or no reason as long as it is not an unlawful reason.

This is agreement between you and GetResponse, and not with Apple, Inc. or Google, Inc. or other third party providers. Neither Apple nor Google are responsible for the Application and the Licensed Content thereof.

Limited License to the Application and the Licensed Content

  1. Under this Agreement we provide you a selection of animated graphics and other Licensed Content which you can redesign in an authorized manner and use for purpose of posting, uploading, sending, streaming or otherwise making available through social media channels that are integrated with the Application free of charge or basing on a paid subscription (“Pro version”). Free version of the Application has some limitations in comparison to the Pro version, in particular with regard to provided features. You may upgrade the free version to the Pro version at any point.
  2. We grant you a limited, non-exclusive, non-transferable license to install and use the Application in accordance with these Terms of Use and all other policies developed, published or adopted by GetResponse in connection with the Application. Upon installing the Application you agree to conform to all applicable laws, regulations, rules and requirements (“Legal Requirements”) relating to the use of the Application.
  3. You are entitled to use materials that we render available to you, including but not limited to graphics images, videos, messages, texts (the “Licensed Content”) solely to use the Application for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources 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. 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 11, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
  4. 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 Application as redesigned by you or incorporated by you (“Content”), are solely your responsibility. Content may also include 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 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, and our collection of predesigned templates. You agree that we can present your Content in our marketing materials, including getresponse.com or any other website or web page owned or controlled by GetResponse (collectively, the “GetResponse Websites”) without remuneration for marketing and advertising purposes in whole or in part, also in compilations.
  5. The Application is designed for mobile iOS and Android based devices. You may use the Application on devices that you own and control (“Devices”) and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions or Google’s Play Terms of Service or other applicable regulations (“Usage Rules”).
  6. By installing free version of the Application, you agree to receive commercial and marketing materials about GetResponse products and services.

Intellectual Property

  1. Your right to install and use the Application and the Licensed Content is based on a license. All rights not granted herein are exclusively restricted for us, our Affiliate’s or other licensors.
  2. All the materials that we render available to you, the service, content included on GetResponse Websites and in Application, rights to software and rights of the same or similar effect or nature (“Intellectual Property”)are sole property of GetResponse or its content suppliers. No part of the 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.
  3. “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 and/or services.

Payments

  1. You are obliged to timely pay all applicable fees for your use of the Application in accordance with the pricing option and term of your subscription (“Subscription Term”) you have chosen, these Terms of Use and Usage Rules.
  2. This agreement shall continue until the end of the Subscription Term. At the end of the Subscription Term this agreement shall automatically renew for additional successive terms of the same length (“Renewal Term”, and the Subscription Term and Renewal Terms, collectively the “Term”), unless and until you cancel your paid version of the Application. The cancellation shall not become effective until the last day of the current Term.
  3. Unless otherwise stated in these Terms of Use the amounts paid by you under these Terms of Use are non-refundable. Therefore, if you cancel your subscription to the Pro version and/or terminate this agreement before the end of the current Term, we will not refund any fees already paid to us to the fullest extent permitted under applicable law.
  4. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Application. If you are registered for VAT purposes, at our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. 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.

Prohibited practices

  1. You are not allowed to use the Application, or use, post or transmit any Content and Limited Content to or within the Application in a manner that, either intentionally or unintentionally, violates any applicable Legal Requirements, good industry practice, these Terms of Use, our Privacy Policy, and any copyright or other right of a third party. Without limiting the foregoing, each of the practices specified below is considered a violation of these Terms of Use and grounds for termination of this agreement.

Practices that are strictly prohibited:

  1. modifying, reproducing, duplicating, copying, displaying, sublicensing, selling, creating derivative works from, exploiting or otherwise using any portion of the Application and Licensed Content, especially the source code or the materials provided therein, whether rendered by us for free or paid, except as specifically provided and allowed by us. In particular you may not commercially use the Application, any portion of it or any content provided to you by GetResponse or created within the Application (notwithstanding whether such content is paid or free, customized or standard) outside of the Application, except as specifically provided and allowed by us;
  2. making any use of the Application or the Licensed Content which is contrary to the primary purpose and is not expressly permitted under these Terms of Use or applicable law or which otherwise infringes the Intellectual Property rights in the Application or the Licensed Content or any part of it;
  3. removing or altering any copyright, trademark, proprietary notice or watermark affixed to the Licensed Content, except as permitted by us;
  4. using the Application to call on minors directly to purchase products or services;
  5. using the Application to affect the subconscious of a recipient;
  6. impersonating or attempting to impersonate any person or entity (including any of our employees or representatives) or the Application;
  7. use the Application to promote GetResponse’s competitors and/or their services or products;
  8. using insulting, obscene, threatening, abusive, harassing, defamatory, libellous, slanderous, deceptive, privacy infringing or other improper language, messages or other means of communication while contacting our employees or representatives;
  9. undertaking any other activity that in our opinion interferes with or is (or may be) harmful to our employees, officers, representatives, our business, reputation, goodwill or the ability of other Users to effectively use our Application.

Please do not use the Application and the Licensed Content in a way that could violate applicable laws, good practises and third-party’s rights or would be otherwise objectionable. In particular, don’t post any Licensed Content, Content, redesign the Licensed Content in a way, or engage in any activity concerning the Application that:

  1. is obscene, offensive, threatening, abusive, defamatory, libellous, invasive of another person’s privacy;
  2. is associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
  3. market for:
  4. victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, political option, gender, sexual orientation, race, ethnicity, age, or disability;
  5. violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti-discrimination or false advertising;
  6. is associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) years of age or older to view or purchase those materials, escort services, and adult websites;
  7. is intended to or does harass or bully others;
  8. is fraudulent, false, deceptive, or misleading;
  9. is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, or privacy rights;
  10. endorse a political party, candidate, elected official, or opinion, present a person suffering from or medicating for, a physical or entail ailment with use of the Licensed Content;
  11. contains malicious content such as malware, Trojan horses, worms, or viruses, or any other file, program or technology that is designed or intended to disrupt, damage, intercept or expropriate service or any system, software, or data, limit the functioning of any software, or to obtain unauthorized access to any data or other information of any third party;
  12. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not allowed under applicable law;
  13. links to, references, or otherwise promotes commercial products or services competitive to our products and services, or public promotion of which is not allowed under applicable law;
  14. conflicts with law, the Agreements, or third parties’ applicable rules and policies, as determined by us;
  15. interferes with or is harmful to our employees, officers, representatives, our business, reputation, goodwill or the ability of other users to effectively use the Application;
  16. is associated with any form of gambling, betting or bingo- or lottery-type services;
  17. is associated with financial products and services that are frequently associated with misleading or deceptive promotional practices (for example, Initial Coin Offerings ICO or binary options); cryptocurrency-related products and services may not be promoted without our prior written permission;
  18. is associated with the sale of:
    • any controlled drug that requires a prescription from a licensed practitioner; or
    • any over-the-counter drug, or
    • non-prescription drugs;
    • are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
    • nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
    • alcohol of any kind;
    • drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
    • medical services, medical aid, medical assistance, medicines;
    • video lotteries, cylindrical games, card games, dicing, and automated game;
  19. encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed through the Application;
  20. take advantage of minors' inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
  21. unreasonably show minors in dangerous situations.

You acknowledge and agree that engaging in any such prohibited activity may result in immediate termination (which means shutting down your access to the Application and the Content), suspension of your account (which means immediate withhold or suspension of your access to the Application and the Content) or removal of any Content at any time. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 11, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

In order to help ensure the quality and accessibility of the Application to our Users, you agree not to use the Application or features thereof in a manner that is excessive or unreasonable relative to other Users.

Support, Maintenance and Modifications

  1. We are solely responsible for providing you maintenance and support services. In case of any queries, please send us a request via a form available at our website. We will use reasonable endeavours to respond to all queries within a reasonable time frame. Neither Google, nor Apple has any obligations whatsoever to furnish any maintenance and support services with respect to the Application.
  2. We will make all the effort to keep our service operational, however we do not guarantee any response times or delivery times in connection with performance of the Application. Certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Further, some interruptions may also be result of your telecommunication services provider’s, social network’s and other third parties’ difficulties. Without in any way limiting the disclaimers and limitations in Section 11, under no circumstance shall we be liable for any such interruptions.
  3. From time to time we may issue updates of the Application, which will have to be installed in order to make use of them. Such installation may occur automatically, or it may require you to install it the same way and from the same source you have installed the Application. We advise you to periodically check if there is any update available for you to install.
  4. We may, at our sole discretion and without liability, change, limit or modify the features of the Application, any documents, information, graphics or other content appearing on or in connection with the Application, at any time without prior notice, with reservation that as for the Pro version,neither such modification will reduce the functionality provided to you during the Subscription Term.

Third Party Services

  1. The Application is integrated with or make use of third party applications, websites, and services in order to process payments and provide services to you. These third party providers may have their own terms of use, privacy policies and other rules and your use of the Application will be governed by and subject to such regulations. You specifically understand and agree to comply with such third party regulations, in particular with Facebook’s Advertising Policies, Facebook’s Terms of Service, Facebook’s Commercial Terms, Facebook’s Business Tools Terms, Instagram’s Terms of Use, Instagram’s Community Guidelines, Twitter’s Terms of Service and the Twitter Rules(“Third Party Regulations”).
  2. Content that you make publicly available through social media channels must not only comply with Legal Requirements, these Terms of Use, but also with Third Party Regulations. Failure to comply with them may result in a variety of consequences, including (i) the cancellation of Content placed on social media channel profile or page and termination of your social media account, (ii) rejection of a Content before being placed on social media channel profile or page, (iii) suspension or termination of the Application, (iv) suspension or termination of your GetResponse Account, if you have one.
  3. Third party providers may give you a possibility to place pixels on your website or use other tracking technologies. These tracking technologies enable you to place ads on social media channels and gather information for reports on performance of your campaigns. If you elect to enable the tracking technologies, you represent and warrant that you clearly inform about the used technologies, how visitors of your website can opt-out of the collection and use of information for ad targeting and where they can access a mechanism for exercising such choice. Where an express consent for using tracking technologies is required, you represent and warrant that you have secured permissions before implementing the technologies.
  4. You may also elect to use some options provided by third party providers, like custom audience option rendered by Facebook, that enable more features due to data transfer. If you choose to pass data to third party provider, you represent and warrant that you have all necessary rights and permissions and a lawful basis to disclose and use the data in such a manner. When using Facebook’s custom audience feature, you expressly decide which data shall be transferred to Facebook. Such data is being passed directly by you to Facebook. We encourage you to review Facebook’s Custom Audiences Terms for more information.
  5. You acknowledge and agree that certain distributors, such as Apple and Google, and their respective subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of these Terms of Use, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement directly against you as a third party beneficiary thereof.

Termination and suspension

Without limiting any of our rights elsewhere in this Agreement, we reserve the right to terminate this agreement or suspend your use of the Application with immediate effect and without notice to you in the event that:

  1. you violate any of the provisions of these Terms of Use, any other agreement with GetResponse, Legal Requirements, Usage Rules or Third Party Regulations;
  2. we determine that you are acting, or have acted, in a way that has or may have negative affect on GetResponse, GetResponse’s Affiliates, other Users or services we provide, or
  3. you or we become a subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

We also reserve the right to suspend, limit, or terminate the free version of the Application at any time, without cause, with immediate effect and without notice to you. As we store all the Content in confined space, we specifically reserve the right to terminate your free version due to your inactivity lasting at least six (6) months and in consequence delete all your Content stored in the Application.

Termination and suspension as well as downgrade of the Application or any of its parts or features may affect your settings, set or planned campaigns. Once the Application or any of its parts or features are terminated, suspended or downgraded, certain processes that took place may not be reversed.

In the situations mentioned in this Section 8, without in any way limiting the disclaimers and limitations in Section 11, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

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.

You can make use of the Licensed Content as long as you subscribe to the Application. Upon termination or expiration of this Agreement, you will stop all use of the Licensed Content.

Privacy Compliance

We are committed to protect privacy of our users. Our data protection practices are set forth in our Privacy Policy that is available at: [link] and which forms the integral part of these Terms of Use.

Notice and procedure for making claims of copyright or intellectual property infringement

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend access to the Application and/or terminate the accounts of users 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:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the service;
  4. your address, telephone number, and email address;
  5. 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
  6. 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 authorized 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 at following email: dmca@getresponse.com

Disclaimer of Warranties. Limitation of Liability

You acknowledge and agree that GetResponse provides the Application 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.

You are solely responsible for your use of the Application, any of the GetResponse Websites and any and Content that you develop.

Without limiting the foregoing, GetResponse is not responsible or liable to you for any:

  1. actions or omissions of any third party, 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;
  2. failure of external conditions, networks or telecommunications devices or equipment necessary to use the Application that are provided by third parties or otherwise beyond GetResponse's reasonable control;
  3. problems of any kind with features used within test versions, including but not limited to beta-test versions;
  4. insufficient or fluctuations of the bandwidth used by you which may affect Licensed Content quality.

To the maximum extent permitted by law, you agree that in connection with these Terms of Use, the Application and/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 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, shall not in any event exceed the equivalent of amount payable for the Application for one month paid by the you in the Subscription Term immediately preceding the date when the event causing the Claim occurred, with the exclusion of any other extra charges. You hereby release 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 Use 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 harmless 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 Use, (ii) violation of any law, or of the rights of any third party, (iii) your use of any third party service or integration of the Application with any third party service. 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.

Disclaimer of Third Party’s Liability

Please be aware that neither Apple nor Google are responsible for addressing any claims relating to your use of the Application including, but not limited to: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under privacy, or similar legislation, and (iv) claims regarding infringement of any third party’s intellectual property rights.

Miscellaneous

  1. The Privacy Policy is hereby incorporated into and constitute an integral part of these Terms of Service. You and GetResponse are each intended to be independent contractors, and not employees, partners or joint ventures of one another, and neither shall have any authority to bind or incur any obligation or liability on the other’s behalf. If any provision of theses Terms of Use or of any supporting document is invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Use, and the application of that provision shall be modified to the extent necessary to render it valid and enforceable without its intent. Any failure by us or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.
  2. We may assign rights and obligations arising from this agreement to any company controlled by or under common Control with GetResponse without your prior consent. “Control” for purposes of these Terms of Service means direct or indirect ownership or control of more than 50% of the share capital or voting interests of the subject entity. You may not assign any rights or obligations arising hereunder agreement to a third party without our prior written consent.
  3. These Terms of Use shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The laws of the Republic of Poland and the court of local jurisdiction of GetResponse shall be the governing jurisdiction.
  4. We will periodically update these Terms of Use by posting revised version to this page so please check it from time to time.

These Terms of Use are valid as of …