Leadvirus.com (leadvirus”, “we”, “us”) is the service provider of the Leadvirus Service (the “Service”). These Terms of Service set the rules for the use of the Service by our clients. By clicking the button to subscribe to the Service you (“you” or the “Client” or the “Customer”) accept these Terms of Service and undertake to use the Service in compliance with the provisions of this document.You should retain a copy of these Terms of Service for your records as upon your subscription they constitute a legal agreement between you and Leadvirus.If you do not agree with any of the provisions of this document, you may not subscribe to and use the Service.
1. General Provisions
Under the Service we provide you with:
- an access to a web-based platform with tools for building, managing and hosting your mailing list,
- an ability to send emails to your mailing list hosted at Leadvirus platform,
- ability to send transactional mails through the use of API’s and SMTP Gateway
- Customer Service,
- additional features (add ons), if ordered and paid separately by you.
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only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Subscribers”). In order to use the Service and manage your email marketing campaigns you must create an individual account in the Leadvirus platform (“Account”). The Account may be accessed only with the use of your login credentials.
3. Technical requirements
4. Registration and Use of the Service
Upon successful registration you subscribe to the Service and agree to:
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 the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
keep the secrecy of login credentials provided to you;
receive commercial information about the products and services of Leadvirus.
You are obliged to pay in due time all fees for the use of the Service according to the Account plan you have chosen. We offer monthly and annual subscription. The current pricing offer is available at Pricing page.
Access to the Service is provided to you after we have received the subscription fee calculated on the basis of the Account plan you have chosen (pre-paid subscription). Where appropriate, tax on goods and services (VAT, ST) will be added to the payment price in accordance with currently effective rates.
If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (hereinafter referred to as the “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. We are not responsible for any fees charged by credit cards issuers.
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 and a year has 360 days.
We will monitor for the peak number of Subscribers accumulated in all your campaigns in a given month. If you exceed the Subscribers List Size you purchased, the following rules will apply:
you will pay an extra “List Extension Fee” which is the difference in the monthly price for the limit of Subscribers that you have reached in the billing period and the limit that you have initially purchased under your Account plan;
6. Prohibited practices, content and industries
You are not allowed to use the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international laws, these Terms of Service and our Anti-Spam Policy or any copyright or other right of a third party.
There are some industries that send certain types of content resulting in a higher than normal bounce rates and abuse complaints, which may affect the deliverability of Leadvirus’s platform. Therefore, you understand and accept that, as far as your business practices are concerned, you are not allowed to use the Service to stream, disclose, engage and/or offer to sell, either directly or indirectly, any goods or services connected with such high-risk industries. To see what businesses, goods and services we specifically prohibit, please click here.
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 nor any website owned or controlled by Leadvirus. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other our service infrastructure.
7. Customer Service
We provide Customer Service via Email, Live Chat or Phone. When requesting customer service or submitting 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 Leadvirus.com and within your Account under “Support”. Most customer service enquiries are responded 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. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account please follow the instructions provided on this webpage . Please note that if you cancel your Account, your subscription will be terminated with immediate effect and all of your data (including Subscribers List, emails and statistics) will be permanently deleted. This operation is irreversible. You may not cancel your Account, unless you settle all your amounts due to Leadvirus. If you encounter any problems when canceling the Account, contact our Customer Support Team.
We reserve the right to terminate or suspend the Service with immediate effect and refuse 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.
10. Refund policy
Cancellation/Termination: if you cancel your Account or if we terminate the Service as specified in Clause 8., no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.
Refunds: our Service is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for the 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 month (or year, if you have selected an annual plan.) No subsequent charges are applied to your credit card, but the amounts already charged are not refunded.
We treat all customers equally, so we do not make exceptions to this policy.
12. Copyright and Trademarks
The Service, Leadvirus software, as well as the content included on the Leadvirus.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Leadvirus or its content suppliers and protected by US and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors.
Outshine Group, Leadvirus and Leadvirus.com are registered trademarks of Outshine Group and Ashish Jha in the Republic of India as well as in the United States.
13. Service accessibility
We guarantee the Service accessibility at a level of 99.5% per month on condition that there is a full availability of the services of our Internet and Telecom Providers. 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. 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 http://www.Leadvirus.com website, at any time without prior notice.
14. Disclaimer of Warranties. Limitation of Liability
You are solely responsible for your use of the Service and our websites, particularly for all and any content which you send through the Leadvirus platform. You acknowledge that Leadvirus provides the Service and the website on “AS IS” basis without warranties of any kind, either express or implied. Particularly, Leadvirus disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
To the maximum extent permitted by law, Leadvirus, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if Leadvirus has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. Leadvirus’s entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Service in one month immediately preceding the date the Customer notifies Leadvirus of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by Leadvirus to the Customer. The Customer hereby releases Leadvirus, its employees, directors, officers and representatives from any and all obligations, liabilities and 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 fulfill obligations.
You agree to indemnify and hold Leadvirus, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorneys’ fees basing or arising from your failure (or any individual using your username details) to comply with your obligations under these Terms of Service or violation of any law, or violation of the rights of any third party. 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.
15. Final Provisions