ScopeLeads Terms and Conditions of Use
Last updated on January 14th, 2018.
ScopeLeads (“ScopeLeads”, “we”, “us” and terms of similar meaning) provide the Services, including access to the Application subject to these terms and conditions of use (these “Terms”). An updated copy of these Terms will be available through the Application and on https://ScopeLeads.io.
Throughout these Terms, we will refer to the ScopeLeads web software and any additional software we will provide as the “Application”. We refer to the services provided by the Application and on the Site as the “Services”. All users of the Services are called “Users”. Content on the Application, including all text, information, data, logos, marks, designs, graphics, pictures and other files, and their selection and arrangement, is called “Content”.
Please read through these Terms carefully before using the Application. By accessing or using the Services you and the company you represent agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
1. ScopeLeads Services
ScopeLeads is a web application that permits Users to manage lead generation and outreach software using automation tools.
The Services are not intended to be used by children. You must be at least eighteen (18) years of age to use the Services.
3. Registration Data; Account Security
To use the Application, you must register for an account (“User Account”). Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Application (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Application, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Application. You are responsible for all activity on your Application account, including the activity performed on the Application through your User Account by an agent, representative, employee, or any other person acting on your behalf. Individuals who register for a User Account on half of a company or organization expressly represent and warrant that they have the authority to bind such company or organization.
Upon signing up for a User Account, you have the option of selecting between account plans, each offering varying levels of functionality and access to Services (“Plan”). Additional Services may be available for purchase for each Plan.
4. Fees, Charges, Taxes, Money-Back Guarantee, Refund
Fees, Charges, Taxes
Fees and other charges for the use of the Services are described on the Site. Different fees may apply to the available Plans. The applicable fee is charged in advance on a monthly or annual basis depending on the Plan. Separate fees may be charged for any additional Services offered in addition to the Plan. In addition, you have the option of upgrading your Plan at any time. Upon upgrading, you will be charged, in advance, for applicable fees for such upgraded Plan for upcoming billing cycle and for any prorated charges applicable to the current billing cycle.
Fees are subject to change upon thirty (30) days prior notice. Your continued use of the Services upon any fee changes indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will be not be applicable to the billing period in which the change occurs.
All fees are exclusive of all taxes, levies or duties applicable under any applicable jurisdiction, unless stated otherwise herein. You are responsible for the payment of such taxes, levies or duties.
User Accounts will be automatically deactivated following five (5) days where ScopeLeads was unable to process bill payments for any applicable Fees as they come due.
Following the initial 30-day period after setting up your User Account, you may request a refund for your Plan fee within the first seven (7) days of the new billing period. This request must be made in an email to email@example.com and must be received within the first seven (7) day window of the new billing period. Any such refunds are limited to the Plan fee charged for the new billing period.
Subject to these Terms, refunds are only applicable to your Plan fees. For clarity, refunds do not apply to any ScopeLeads products or services including, but not limited to, Email Templates or Sales Training.
Users may request a refund following the initial 30-day period after setting up their User Account. Any such refunds are limited to the prorated fee charged for the first seven (7) days of the new billing period.
5. Ownership, Copyright and Trademarks
Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Application may include details of your logo, leads notes, lead sales status, SMTP credentials, user generated email templates and content, setting customizations, domain name, general information, data, images and other data inputted by a User on the Application.
You may also use the Services to create and send email sequences (“Email Marketing”).
ScopeLeads only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 7 of these Terms.
Other than User Content, the Application, all Content and any other software used to create and operate the Services are the property of ScopeLeads or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Application, such Content and such software are expressly reserved, including but not limited to email templates, sales training, and lead generation results produced by the Services. All trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.
Your User Content, including your inputted data and customized emails, are your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content or Email Marketing may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen, track, monitor or edit without notice any User Content posted or stored on the Application, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Application. You are also solely responsible for all activity, changes and costs from, and that result from, your use of the Services.
Neither ScopeLeads nor yourself claims ownership or property rights over third-party providers’ content, such as email addresses, business addresses, names, phone numbers and any intellectual property belonging to the third-party providers.
6. License to Use ScopeLeads and License Restrictions
ScopeLeads grants to you a revocable, non-exclusive, non-sublicensable license to use the Application, access the Services and to view the Content available to you through the Application (“License”).
Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:
(a)The Services we provide through the Application are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Application.
(b) You may not make or distribute copies of the Application.
(c) You may not alter, merge or translate the Application, or decompile, reverse engineer, disassemble, or otherwise reduce the Application to a human-perceivable form.
(d) You may not modify or create derivative works based on the Application, Services or the Content.
(e) You may not use the Application for any application deployment or ultimate production purpose.
(f) You may not use the Application to develop any application having the same or similar primary function as the Application.
(g) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
(h) You may not otherwise use the Application or the Content other than for its intended purpose.
(i) Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
(j) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by ScopeLeads at any time.
(k) Your use of the Application, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law, including, but not limited to applicable anti-spam and privacy legislation.
(l) Your use of the Services and Application must comply with the User Content Guidelines outlined in Section 8 of these Terms.
7. Your Limited License of Your User Content to ScopeLeads
We do not claim any ownership interest in your User Content, but we do need the right to use and access, at any time, your User Content to the extent necessary to operate the Application and provide the Services, now and in the future.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Application. And they are transferable because we need the right to transfer these licenses to any successor operator of the Application. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Application does this to your User Content when it processes it for use in the Application.
8. User Content Guidelines
The Services permit Users to input User Content. User Content submitted to any public area of the Application or area that can be viewed by other Users will be considered non-confidential. You agree not to post, input, transmit, distribute, store, create or otherwise publish through the Application any of the following:
- Any data, information, text, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of ScopeLeads;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Bots, viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the use of the Application; or
- Content that in the sole judgment of ScopeLeads, is objectionable or which restricts or inhibits any other person from using or enjoying the Application or the Services, or which may expose ScopeLeads or its affiliates or its Users to any harm or liability of any type.
Any use of the Application in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Application.
9. Security of the Application
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all content within the ScopeLeads application is encrypted using an SSL certificate providing SHA-256 with RSA Encryption.
However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Application, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
10. Warranty Disclaimer
THE APPLICATION, THE CONTENT AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM SCOPELEADS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SCOPELEADS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SCOPELEADS DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, CONTENT OR ANY RECOMMENDATIONS OR REPORTS CONTAINED WITHIN OR GENERATED BY THE APPLICATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE APPLICATION, THE CONTENT OR ANY PORTION THEREOF.
WHILE SCOPELEADS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE APPLICATION SAFE, SCOPELEADS DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN ADDITION, THE APPLICATION MAY CONTAIN LINKS TO THIRD-PARTY SITES. SCOPELEADS IS NOT RESPONSIBLE FOR THESE LINKED SITES. YOUR USE OF THESE SITES IS AT YOUR OWN RISK AND SCOPELEADS IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, SUCH THIRD PARTY-SITES OR ANY CONTENT CONTAINED ON SUCH THIRD-PARTY SITES. SCOPELEADS SHALL HAVE NO LIABILITY WHATSOEVER RELATING TO YOUR ACCESS OR USE OF SUCH THIRD-PARTY SITES OR THE CONTENT AVAILABLE ON SUCH THIRD-PARTY SITES.
11. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against ScopeLeads, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Application, Services or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, costs incurred as a result of changes made to your User Account, Plan, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Application. You use the Application at your own risk.
Without limitation of the foregoing, neither ScopeLeads nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Application, Services or the Content, including without limitation any damages caused by or resulting from your reliance on the Application, Services or other information obtained from ScopeLeads or any other Released Party or accessible via the Application, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to ScopeLeads, any User, or any other Released Party’s records, programs or services.
You are entirely liable for activities conducted by you or anyone else, including a corporate entity or employee, in connection with your use of the Application or receipt of any Services. ScopeLeads is not liable for the accuracy, copyright compliance, representation, legality or decency of the content posted by other Users or Third-Party Providers that you accessed through the Application or receipt of any Services.
If you are dissatisfied with the Application or Services, or with these Terms, your sole and exclusive remedy is to stop using the Application or Services. In no event shall the aggregate liability of ScopeLeads, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Application or the Services exceed any amount paid by you for access to the Application or Services during the twelve (12) months prior to the date of any claim, if any.
You shall defend, indemnify and hold harmless ScopeLeads and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Application and Services and from the use of the Application and Services by any person or corporate entity to whom you give access to your User Account or Plan.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice on the User Account page. When we post notices on the Application, we post them in the area of the Application suitable for the notice. It is your responsibility to periodically review the Application for notices.
13. Applicable Law and Venue
The Application and Services are controlled by Rainmaker Labs Inc. o/a ScopeLeads and operated by it from its offices in Toronto, Ontario. You and ScopeLeads both benefit from establishing a predictable legal environment in regard to the Application and Services. Therefore, you and ScopeLeads explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Application and Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Application, Services or Content; (c) oral or written statements relating to these Terms or to the Application or Services; or (d) the relationships that result from these Terms or the Application, Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against ScopeLeads related to any Claim and, where applicable, you also agree to opt out of any class proceedings against ScopeLeads. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario. Notwithstanding the foregoing, either party may seek injunctive relief in court.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Application from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify ScopeLeads and the other Released Parties for your failure to comply with any such laws.
14. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, ScopeLeads reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Application, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of yours User Account, the Application, the Services or Content; (c) change, suspend or discontinue any aspect of your User Account, the Application, the Services or Content; and (d) impose limits on your User Account, the Application, the Services or Content. When your User Account is terminated, any User Content you have inputted to the Application may remain on the Application.
Subject to Section 4, Users may cancel their use of the Services upon (a) providing 30 days written notice by emailing firstname.lastname@example.org; or (b) cancelling from the User Account dashboard feature on the Application.
If these Terms expire or terminate for any reason, Sections 7, 8, 10, 11, 13, 14, 15 and 16, and any representation or warranty you make in these Terms, shall also survive indefinitely.
15. Modification of Terms
ScopeLeads reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Application, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, or we will post a notice in the Site or Application visible to you the next time you access the Application. Customers who do not agree with the changes may terminate their User Account with us, subject to Sections 4 and 14. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the User Account, Application, and the Site, and your continued use of the Application after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Application. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Application. If you have any questions about the Terms, please email us at the contact address below.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. ScopeLeads may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of ScopeLeads, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and ScopeLeads regarding your use of the Application, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and ScopeLeads regarding your use of the Application. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
17. Questions and Comments
If you have any questions regarding these Terms or your use of the Application, please contact us here:
Rainmaker Labs Inc. o/a ScopeLeads