Aelieve Customer Terms of Service
Last Modified: November 1, 2018
PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY. This is a contract between you (the Customer) and us (Aelieve). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible. These terms are so important that we cannot provide our products and services to you unless you agree to them. By using the Subscription Service or receiving the Consulting Services, you are agreeing to these terms. We periodically update these terms. If you have an active Aelieve subscription, we will let you know when we do via an email or in-app notification. You can find archived versions of the terms here. Finally, we know legal terms can sometimes be difficult to navigate, so we wanted to give you a roadmap of the Agreement:
- A. DEFINITIONS. This is where we provide the detail on what the key defined terms in the Agreement mean. You can think of this kind of like a contractual dictionary.
- B. GENERAL COMMERCIAL TERMS. Here’s where you can find the basics about how our Subscription Service and Consulting Services are provided. For example, you can find information on access and acceptable use. These terms apply to all of our products and service offerings.
- C. SUBSCRIPTION TERMS. Customers of ours subscribe to use our software (yep, it’s SaaS), and there are some fundamental terms that apply to each subscription. There are some differences between the different types of subscriptions, and here’s where you can find that detail.
- D. PRODUCT DISCLOSURES. We offer several different products and there are some important things to know before you use them. We’ve collected these important things to know and you can find them here.
- E. GENERAL LEGAL TERMS. As we mention above, this is a contract, and contracts are filled with legal terms. In this section, we’ve collected the many of the remaining legal terms that make up our Customer Terms of Service.
- F. JURISDICTION SPECIFIC TERMS. With customers across the globe, this final section is where we address most of the differences in these terms that vary based on customer location.
A. DEFINITIONS“Agreement” means these Customer Terms of Service and all materials referred or linked to in here. “Paid Users” means those types of Users (defined below) for which we charge you fees as set forth in our Product and Services Catalog. “Billing Period” means the period for which you agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months. “Communication Services” means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Service that enable you to communicate with the public or with a private group. “Confidential Information” means all information provided by you or us (“Discloser”) to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information will include Customer Data and information about the Discloser’s business plans, technical data, and the terms of the Order. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser. “Contact” means a single individual (other than a User) whose Contact Information is stored by you in the Subscription Service. “Contact Information” means the name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service. “Consulting Services” means the professional services provided to you by us, which may include training services, installation, integration or other consulting services. “Crowdsourced Data” means the information you submit to us (if you use our CRM) to update the data in certain properties in our company database. You’ll recognize these properties in Aelieve CRM because they are flagged with a grey ‘sprocket’ which turns orange on hover, or highlighted in some other way, and are identified as being filled from Aelieve’s Insights database. Crowdsourced Data will not be considered Customer Data or Confidential Information for purposes of this Agreement. “Customer Data” means all information that you submit or collect via the Subscription Service. Customer Data does not include Enrichment Data. “Customer Materials” means all materials that you provide or post, upload, input or submit for public display through the Subscription Service. “Email Send Limit” means the number of emails that you may send in any given calendar month.
- For our Marketing Hub Products except for Marketing Hub Starter, this limit is equal to ten (10) times the Maximum Contacts number per month.
- For our Marketing Hub Starter product, this limit is equal to five (5) times the Maximum Contacts number per calendar month.