Terms of Service

Goerrorless is a company incorporated under United States laws. Its head office is located at 1434 Hillside Dr. Reno, NV 89503 (hereinafter “Goerrorless”). 

By registering on the Website or using the Service, the Customer acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. Goerrorless strongly advises the Customer to print and/or save a copy of the Terms of Service.

These Terms of Service may be amended from time to time. It is the Customer’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Customer agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Customer’s acceptance of such revised terms.

1. Definitions

In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:

“Account” means the account of the Customer after entering into the Agreement, which enables the Customer to use the Service.

“Agreement” means the agreement constituted by these Terms of Service, the Subscribed Plan, the Privacy Policy and any potential subsequent amendments of those as well as any separate agreement entered into between Goerrorless and the Customer for the performance of the Service.

“API (Application Programming Interface)” means the programming interface allowing Customers to interconnect the Goerrorless Solution to third-party tools (web or desktop application) under their sole responsibility;

“Behavioral Data” is data generated by observing the behavior or a Contact.

“Contact” means a single individual whose Contact Data and Survey Response Data is stored by the Customer in the Goerrorless Solution.

“Contact Data” means the name, email address, phone number, online user name(s), telephone number, and similar information provided by the Customer and uploaded by the Customer to the Goerrorless Solution. 

“Customer” means the individual or legal entity, professional only, with whom Goerrorless entered this Agreement and whose name and address appear on the Account. The Customer and Goerrorless are hereinafter collectively referred to as the “Parties” or individually as a “Party”.

“Customer Data” means any information stored by Goerrorless related to a Customer. Customer Data does not include Contacts, Contact Data, Behavioral Data, Surveys and Survey Response Data.

“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.

“Privacy Policy” means the document drawn up by Goerrorless presenting how it processes the Customers’ and the Team Members’ Personal Data, as well as Contacts, Contact Data and Survey Response Data (https://goerrorless.com/privacy-policy);

“Goerrorless Solution” means the Goerrorless software, as well as any related applications, developed and published by Goerrorless.

“Service” means the grant of access to the Goerrorless Solution by Goerrorless and the use of the Goerrorless Solution in SaaS mode by the Customer, under the terms and conditions set out in the Agreement.

“Subscribed Plan” means the feebased plan subscribed by the Customer for a fixed monthly or an annual period, which appears on the Account (and then possibly modified by the Customer). The Service is provided through separate offers, which functionalities are described on the Website, or through specific tailored offer(s).

“Third Party API” means an external web service to the Goerrorless Solution to which the Customer may send Contact Information.

“Team Members” means the Customer’s employees, representatives, consultants, contractors or agents who are authorized to use the Service for the benefit of the Customer and have unique user identifications and passwords for the Service.

“Website” means the Goerrorless website accessible at www.goerrorless.com and presenting the Goerrorless Solution;

2. Purpose of the agreement

The purpose of this Agreement is to set out the conditions under which Goerrorless provides the Service to the Customer, who accepts it, a nonexclusive and nontransferable right to use the Goerrorless Solution in SaaS mode. In exchange, the Customer agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.

3. Service description, access and availability

3.1. Description of the Service

The Goerrorless Solution is a hosted cloud software, which enables a Customer to manage and process Contacts. Amongst other functionalities, the Goerrorless Solution allows its Customer to create Workspaces, create Campaigns (emails, images, videos, etc), and send Response Data to Third Party APIs.

The Service does not include any long-term storage and backup of Contact Data and Survey Response Data (see 3.3. Availability).

3.2. Access

The Customer’s Account may be used by one or multiple Team Members. The Team Members access the Service through their own and personal access credentials (email and password). The Customer bears all liability as to the access and the use of the Account. The Account requires the Customer to provide his/her/its legal full name, a valid email address, and any other information requested in order to complete the registration process.

3.3. Availability

The Service is available to the Customer 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement.

The Service does not include any long-term storage and backup of Workspace or Campaign Data or any other Customer Data. The Customer understands that he/she/it is has the sole responsibility to ensure that all Data and Customer Data are backed up and stored long-term outside the Goerrorless Solution. Goerrorless excludes any liability in the event of a loss of Data or any other Customer Data.

3.4. Support

Support for the Services is only available in English, via email (support@goerrorless.com).

At the Customer’s request, Goerrorless may, with or without a fee, through its dedicated Customer Support Department, assist the Customer with identifying its needs with regard to the Goerrorless Solution and train the Team Members to optimize the use of the Service.

Various questions and concerns of the Customer may find a quick answer by reading the documentation of the Goerrorless Solution.

4. Pricing, invoicing and penalties

4.1. Pricing

A specific pricing applies to any monthly or annual subscription plan, which are detailed under the page “Pricing”, except for the free Account for a limited trial period. The pricing are in Euros, British Pounds or in US Dollars and all tax excluded, except when expressed otherwise. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Customer shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.

The Customer may have access to a free Account, during which the Customer uses the Service free of charge. Each Customer may subscribe only once to a free Account and shall not maintain more than one free Account. At any time while using the free Account, the Customer may opt for a Subscribed Plan, which will be charged automatically.

For any upgrade or downgrade of the Subscribed Plan, the new price will apply as of the day following the date of the change in the Subscribed Plan. The billing cycle remains unchanged and the invoicing will include the details as to the pro rata. In the event of an amendment of the Customer’s Subscribed Plan or a change from the Subscribed Plan to a free Account, the Customer shall not be entitled to a refund. Further details on how changes and cancellations of Subscribed Plans are handled can be found here: https://support.stripe.com/questions/handling­subscription­changes

4.2. Payment and Invoicing

By default, all Subscribed Plans must be paid, through Goerrorless payment service provider (Stripe Payments), for in full using a credit card, exclusively with one of the following credit card : Visa, Mastercard, Amex. The Customer must enter valid credit card information.

Customers can request to pay for the Goerrorless Solution through payment methods (DACH, wire transfer, SEPA, …) other than credit card. It is in the sole discretion of Goerrorless to accept payment methods other than credit card and additional terms might apply.

The Service is billed in advance on a monthly or annual basis, irrespective of the use of the Service made by the Customer. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. Goerrorless will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Goerrorless shall automatically send the Customer an email receipt for each payment. In addition, the Customer may also download a PDF version of the invoice including the Customer’s details in his/her/its Account.

4.3. Penalties

In the event of lack of payment on the due date, Goerrorless is entitled to require payment of (i) the entire debt, (ii) a penalty for delay of three times the legal interest rate and (iii) a lump fee for fees recovery in accordance with United States commercial law.

5. Modification of Service and Pricing

Goerrorless reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.

Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the Website, or the Goerrorless Solution itself. Such changes shall not apply for the ongoing Subscribed Plans and shall only apply for the Subscribed Plans entered after the modification of pricing.

6. Terms

The Agreement will be effective after the creation of an Account by the Customer, including a free Account, and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscribed Plan and one (1) year as from the date of the subscription of an annual Subscribed Plan.

All Subscribed Plans will renew for successive periods of the same duration by tacit agreement, unless terminated by either Party by email (for the Customer: to the Customer’s email address provided in the Account; for Goerrorless : support@goerrorless.com) at least 7 (seven) working days before the end of the Subscribed Plan. It is the sole responsibility of the Customer to anticipate the end of the Subscribed Plan, which consequences will be borne exclusively by the Customer. No amount received in advance by Goerrorless for the Subscribed Plan will be refunded.

All Data and other Customer Data will be automatically deleted from the Service at the termination date of the Agreement. The Customer is aware that Customer Data cannot be recovered after the termination date of the Agreement.

7. Granting and undertaking of Goerrorless

Goerrorless undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Customer of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to Goerrorless. For maintenance operations, Goerrorless will endeavour to inform the Customer in advance by email or via the Website or the Goerrorless Solution. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to the Customer’s benefit. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to Goerrorless’s applicable rates.

8. Grantings and undertakings of the Customer

The Customer, who enters into the Agreement on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The Customer grants to be a natural or a legal entity, acting as a professional, excluding any robots. Accounts registered by “bots” or other automated methods are not permitted.

The Customer undertakes to :

• acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by the Customer;
• ensure that the Customer is trained to use the Service and Internet­based technologies;
• maintain the security of the Account and the related password;
• accurately transmit, under his/her/its sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. The Customer hence commits to report any change to these information;
• pay the contractual fees under the conditions set out in the Agreement;
• respect Goerrorless’s intellectual property rights;
• refrain from using the Service in conditions that may impair the functioning or safety of the Service;
• refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with Goerrorless;
• refrain from uploading, or transmitting unsolicited email or “spam” messages;
• refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by Goerrorless;
• refrain from transferring to his/her/its Account data that may:
  • impair the functioning of the Service;
  • contain or be likely to contain viruses or any code of a destructive nature;
  • be of an illegal nature, contrary to the laws or regulations in force, contrary to morality (pornography, violence, etc.) or infringing third parties’ rights, including (without limitation) intellectual property rights and the right to privacy.

Accordingly, the Customer is responsible for any damages such data could cause to Goerrorless, to a third party, to the Service and will hold Goerrorless harmless against any claims that may be brought against Goerrorless by a third party because of such data and, more generally, the Customer’s use of the Service. While the Agreement prohibits such conduct and Content on the Service, the Customer understands and agrees that Goerrorless cannot be held responsible for the data submitted to the Service. The Customer therefore agrees to use the Service at his/her/its own risk.

Goerrorless may remove Accounts and all associated Customer Data that contains data that Goerrorless considers in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any Party’s intellectual property right(s) or the Agreement.

9. Liability

The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Customer’s organization. The information given by Goerrorless is provided solely for the use of the Service but not for the Customer’s organization. Goerrorless has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.

The use of the Service is provided at the Customer’s sole risk. The Customer understands that the technical processing and transmission of the Contacts, including the Contact Data, Behavioral Data, and all other Customer Data may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Goerrorless does not warrant that (i) the Service will meet the specific requirements of the Customer, (ii) the Service will be uninterrupted, timely, secure, or error­free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Customer through the Service will meet the Customer’s expectations, and (v) any errors in the Service will be corrected.

Contacts, Contact Data, and Survey Response Data is kept by Goerrorless for a period of 180 calendar days maximum by default. Therefore, it is the Customer’s responsibility to ensure the storage and registration of his/her/its Contacts, Contact Data, and Survey Response Data and Customer Data. Goerrorless shall not be held responsible for any loss of Contacts, Contact Data, Survey Response Data or Customer Data.

Goerrorless might block the Customer’s Account in the event that the Customer went over the limit of the Subscribed Plan. Goerrorless excludes any liability for the suspension of the Account.

The Customer understands that Goerrorless uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.

The Customers also understands that, while the Goerrorless Solution offers tools to easily set up a connection with such systems, API (Application Programming Interface)s are published and maintained by an independent provider other than Goerrorless. The Customer is therefore solely liable as to the transfer, the download or any use of the data sent to or through an API (Application Programming Interface), excluding any liability of Goerrorless. The Customer is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the API (Application Programming Interface).

Goerrorless excludes any liability in the events of:

• a downgrading of the Service;
• loss of Contact Data or any other Customer Data, features, or capacity of the Customer’s Account;
• a modification, price change, suspension or discontinuance of the Service;
• a loss or damage from Customer’s failure to comply with the Customer’s undertakings, including his/her/its security obligation;
• concerning use of Contact Data or any other Customer Data.

The Customer expressly understands and agrees that Goerrorless shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Goerrorless has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration to the Customer’s Account; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

In any case, the overall liability of Goerrorless is strictly limited to the overall fees paid by the Customer for the ongoing Subscribed Plan.

10. Termination for breach

Breach(es) of any of the terms and conditions of the Agreement by the Customer will result in the termination of the Agreement and the closing of the Customer’s Account. Should the Customer fail to remedy the said breach within seven (7) days from the suspension of his/her/its access to the Service, Goerrorless shall be fully entitled to terminate the Agreement with immediate effect and without prior notice. From the termination date, the Customer will no longer be able to use the Service. Contact Data relating to the Customer’s Account will be deleted without the Customer being entitled to any compensation. The Customer shall be solely responsible for the consequences of the termination of the Agreement, in particular in terms of continuity of its internal management and commercial activities.

No amount received in advance by Goerrorless for the Subscribed Plan will be refunded and the Customer shall not be entitled to any compensation whatsoever.

Suspension of the Service and/or termination of this Agreement shall not prevent or otherwise impede the claim(s) Goerrorless may present as a result of the Customer’s breach(es).

11. Intellectual property rights

11.1. Goerrorless ownership and undertakings

All intellectual property rights on the Goerrorless Solution and all content available on the Website remain the sole property of Goerrorless. Goerrorless warrants that it has developed the Goerrorless Solution and owns the intellectual property rights to the Goerrorless Solution and all elements used to provide the Service.

Goerrorless undertakes not to claim any ownership on the Contacts, Contact Data and Survey Response Data processed through the Service, which remain the sole property of the Customer.

11.2. The Customer’s ownership and undertakings

The Customer remains the owner of all Data provided by the Customer captured by Goerrorless on behalf of the Customer.

The Customers undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by Goerrorless, such as but not limited to, the intellectual property rights owned on the Goerrorless Solution, the related trademark and logo used by Goerrorless.

The Customer grants Goerrorless against any claim, demand, suit or proceedings made or brought against Goerrorless by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Customer undertakes to indemnify Goerrorless for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by Goerrorless in connection with any such claim, demand, suit or proceedings, provided that Goerrorless (i) promptly informs the Customer in writing of the claim, demand, suit or proceeding, (ii) gives the Customer the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally Goerrorless of its liability) and (iii) provides the Customer with all reasonable assistance. All fees incurred will be borne exclusively by the Customer.

12. Privacy

A detailed Privacy Policy provided by Goerrorless is part of this agreement.

13. Confidentiality

Goerrorless and the Customer undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent Goerrorless to mention its commercial relationship with the Customer, as provided below.

14. Force majeure

Goerrorless uses all technical means which may be reasonably used for the performance of the Service. Goerrorless shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which Goerrorless relies upon.

The Customer waives any right to indemnity of any nature whatsoever in the event of force majeure and Goerrorless shall not be held liable for any cost incurred due to the impossibility to use the Service.

15. Miscellaneous

At any time and at its own discretion, Goerrorless reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.

This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.

The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.

The Customer allows Goerrorless to mention its company name or name and the Service provided for commercial purpose only.

16. Choice of law and jurisdiction

The Agreement is subject to the laws of United States. Any dispute, controversy or claim arising under, out of or relating to the validity, interpretation and performance of the Agreement shall be referred to and finally determined by the competent courts of the United States.