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Terms of Service

2020-07-29

Please read this Terms of Service (collectively referred to as: “Terms”) as a binding legal agreement, to understand by accessing or using our Website you agree to be bound by the following terms, conditions, and notices contained or referenced. If you do not accept each and every one of these, please do not use our Website.

These Terms govern your access to and use of our services, including our websites, email notifications, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

This Terms constitute a binding legal agreement entered by and between the GBD Consulting and Services Private Limited Company, a company incorporated under the laws of Hungary and seated: 12. Határ út, Újlengyel, 2724, Tax number: 27325162-2-13, Company Reg. Number: 13-10-042025 (collectively referred to as: „Provider”, „Service Provider”, „we”, or „us”). and the entity or individual accessing our Website or using any Services offered on our Website (collectively referred to as: “Website Visitor”, “User”, “Customer” or “you”.

You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Website, register your details with us or subscribe for email or online services or contact us.

We reserve the right, at our discretion, to update, alter or modify any parts of this Terms at any time without prior notice. Unless otherwise required by law, all changes to the terms become effective immediately upon publication to our Website and by continuing to use our Website after we post changes to this Terms, you agree to be bound by this as modified. Therefore, please check this Terms periodically for changes, we will display the effective date of Terms at the top of this page.

1. DEFINITIONS

“Affiliate”: means any entity under the control of Provider where "control" means ownership or the right to control greater than 50%.

“GDPR” – Regulation (EU) 2016/679 of The European Parliament and of The Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

“EmailAcademy”: service provided by Provider.

“Website": emailacademy.com and any of its subdomains. Website is operated by Provider.

“Website Visitor": any individuals or company who visit our website and who may communicate with us.

"User": Website Visitor who on behalf of themselves on our website subscribe to receive communications and information from our Website or register to use free services offered on the Website.

"Customer": User who on behalf of themselves use paid services offered on the Website.

“Account”: In order to use the Service, you must create an individual account. The Account may be accessed only with the use of your login details.

2. Who and how may use our Service

The Service of our Website are available only to entity and to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Website, you represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website.

At all times when you are accessing, browsing or using or registering for use of the Website, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Website. In particular, you must not use the Website in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third-party rights (including intellectual property right).

In consideration for Provider is granting you access to and use of the Service, you agree that Provider and its affiliate may place advertising on the Website or in connection with the display of Content or information from the Services whether submitted by you or others.

By using our Service, you must provide true, complete and up-to date contact information and billing details in your account. You agree that you will not mislead nor us neither any of our affiliates.

The website may offer publicly accessible blogs, community forums, comments section or other interactive features, hereinafter as Interactive Areas. If you participate in an Interactive Area, you agree that, in addition to complying with the Terms, you will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Interactive Area. You shall remain solely responsible and liable for your use of the Interactive Area.

By using our Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

3. Prohibited practices

You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any contents or information contained therein, unless you obtain our prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Website.

You agree that you will not provide to this Website: any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and any content that may create any liability for us.

4. Services, what we provide

The information and materials provided through the Website, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, software and/or links are intended to educate and inform you about email marketing.

Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use our Website:

 Free Service:

When you visit our Website, we provide you limited content about email marketing, and we provide an opportunity to get notification about our Service via push notification.

Pro Service:

In order to use the Service and access to some areas of the Website you must create an individual account in the Service platform. The account may be accessed only with the use of your login details. You must not use a false name or email or provide any false information nor impersonate another person when registering to use of the Website and our email services. You are responsible for keeping your login details confidential, you may have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. You are also responsible for any use of your account, especially for any activity of other users of your account. We may refuse or remove or suspend your account at any time.

You are only allowed to have one account on our Website. If Provider is under the impression that you have created multiple accounts, we reserve the right to suspend any or all of them.

By creating an account and signing up for our service you get full access to some of the limited content and you get limited access to the use of our online tools as specified on our Website as Pro Service.

Your sign up gives you access to the Service only with respect to the functionality that we may establish and maintain from time to time and at our sole discretion.

Premium Service:

Following the use of the Service and access to our Pro Service you can upgrade your account and pay for our Premium Service. By signing up our Premium Service, you agree to pay the Provider the amount that is specified on the Website. By signing up, you must provide true, complete and up-to date billing details in your account. The Premium Service may be accessed only through your account with the use of your login details.

By using our Premium Service you get access to all content and tools specified on our website as Premium Service.

Our Services evolve constantly. As such, the Services may change from time to time, at our discretion, without our prior notice and without the obligation to change the Terms. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or generally. We also retain the right to create limits on use and storage at our sole discretion at any time.

5. Payment

Provider collects payments via Adyen or PayPal services and may not access any sensitive credit card credentials on its own. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected. All payments are processed by the external, third-party services mentioned, to ensure high-security standard.

Providers Premium Services may be paid on a one-time basis, current pricing details are accessible on the Website. From time to time we may run promotions on the Website. Any such promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.

Premium Service Subscription is valid for an unspecified period of time. Either of the sides can terminate the Premium Service offer on the Website.

Provider offers possibilities to get a comprehensive picture about the Service. Through the Pro Service, upon registration you can access several information and tools to get a zero-risk way to get in touch with our Service. We encourage you to use this possibility before your payment. By using Premium Services, you agree that payments made on the Website are not refundable under any circumstances with the exception of our 100% Satisfaction Guarantee.

Our 100% Satisfaction Guarantee applies if for any reason you’re not satisfied with our Premium Service. In this case simply email us, to [email protected] within 10 days of your payment and we will refund your money without any reason provided. Please note after this 10-day period you cannot anymore exercise your right of the 100% Satisfaction Guarantee.

Provider will not refund the payment if there is a cause for the Account cancellation, such as a violation of these Terms or our Privacy Policy.

Once we have refunded your payment, we may permanently delete your Account and all the data associated with it.

6. Data protection and Privacy

Provider stays compliant with GDPR (General Data Protection Regulation). Please find more details how Provider complies with GDPR, in which way we use cookies on the Website and how we hold and process information from which we can identify you or any third party are set out in our Privacy and Cookie Policy.

7. Content

Provider and its affiliates exclusively own all rights, title and interest in and to the Service and the Website, including without limitation any improvements or updates thereto, and all materials therein or transferred thereby, including, without limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights and all intellectual property rights related thereto and derivative works of the foregoing. Except as expressly provided herein, nothing in this Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Service or materials on the Service for any purpose not expressly permitted by this Terms of Use is strictly prohibited.

The website may offer possibility to participating in Interactive Areas. You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others under your name.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Services. All Content is the sole responsibility of the person who originated such Content. We cannot monitor or control all Content posted in our Website, we cannot take responsibility for such Content.

From time to time, you may submit Feedback about us. Provider reserve the right to freely use or exploit Feedback in connection with any of its Services.

We reserve the right to remove Content that violates the Terms, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

The Website may contain advertising and hypertext links to third party websites. If you choose to leave our Website via links to other third-party websites, including those of advertisers, our Terms and our Privacy Policy will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Provider is not responsible for the availability of such third-party sites or resources, and that Provider does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.

8. Termination, cancellation

We reserve the right to permanently or temporarily terminate, suspend or deny your access to the Website at any time without notice and in our absolute discretion.

If your Account is suspended, creating another account will automatically resulting suspension whether or not you have made a payment on any of the Accounts. Any Account which shows no activity for more than 24 months may be considered inactive. If an Account is considered inactive, the Account may be deleted, and all data associated with that account may be permanently erased.

We reserve the right to remove or edit content from any Interactive Area at any time and for any reason, however, we have no duty to do so, and is not responsible for the content or accuracy of any information in an Interactive Area.

9. Limitation of liability

The Service is provided “as is” and “as available”. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security. Neither Provider, nor its affiliates, owners, employees, contractors, suppliers and licensors, make any warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.

Our liability is limited whether or not we have been informed of the possibility of such damages and issues. You understand that you utilize the Service, or otherwise obtain content or services through, this website at your own discretion and risk.

Provider does not warrant that the information on the Website, or the information or advice provided by Provider’s colleagues is complete, accurate, non-misleading or true.

10. Indemnity

You will indemnify and will keep indemnified the Provider and its affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatever arising directly or indirectly as a result of:

(1) any breach of these Terms by you; or

(2) your fault, negligence or breach of statutory duty; or

(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our and our affiliates infrastructure (whether owned by, leased or licensed to us).

You agree and represent that you will not be liable to the Provider or its affiliate for any damages arising out of or in connection with the use of the Website.

11. General rules

Any contractual or legal relationship between the parties will be concluded in English.

These Terms form the entire agreement between the parties concerning your access to, browsing and/or use of the Website and supersede all prior agreements, arrangements, understandings and representations made between us concerning the Website.

If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.

In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document, specifically setting forth the precise nature of the dispute. If a notice is being sent to Provider it must be emailed to [email protected] and sent via mail to: GBD Consulting and Services Private Limited Company at: 12. Határ út, Újlengyel, 2724 Hungary.

In the event that a dispute between the parties can not be settled, the parties agree to submit the dispute to binding arbitration accordance with Hungarian law and the Hungarian Courts.