General Terms and Conditions
Version August 30th, 2019
- Acceptance of Terms
1.1. Pulserio AG ("LeadRebel", "We") offers their Service - as defined below in Clause 2 - to the clients via their website that is found at https://leadrebel.io
("Site"), application programming interface ("API"), or any mobile app ("Mobile App", together with the API and the Site, "Application") that LeadRebel may provide occasionally, subject to this General Terms and Conditions agreement (referred to as the "TERMS").
.1. By accepting these TERMS or by using/accessing the Service or Site, you recognize that you have indeed read this TERMS and that you understand them and agree to be bound by these TERMS.
.2. In the event that you are entering into this TERMS as a representative of a business, company or other legal entity, you acknowledge that you have the authority to bind the business, company or legal entity and its affiliates to this TERMS, in which case the terms "you" or "your" will refer to such a business, company or legal entity and its affiliates.
.3. If you do not have such authority, or if you disagree with these TERMS, you should not accept these TERMS and may not use the Service. Any actions that you, or any of your workers, agents, advisors, reps, and users take on the Service will be regarded to have occurred as an authorized representative of your legal entity.
.4. You can take another look at the latest version of these TERMS at any time at https://leadrebel.io/terms. In the event that you cannot accept any term of these TERMS, your only option is to cease accessing and using the Service.
- Description of Service
2.1. The "Service" refers to the Application and all the Software (including the Software, as defined below), data, reports, imagery, sounds, video, text and content made available via any of the just mentioned (as a whole referred to as the "Content") and any changes to it.
2.2. LeadRebel reserves the right to change the Service at whatever time. Specific features of the Service may be unavailable in certain countries. We reserve the right to restrict or make available the Service or parts of the Service based on a particular place. For instance, specific features such as SMS may be restricted to Canada or the United States only or we may restrict the availability of calling numbers for certain countries, area, or number types (for example premium numbers) that are available in specific countries.
2.3. LeadRebel from time to time develops and provides limited beta releases for new features. To take part in a beta release, you must explicitly agree to the extra Terms and Conditions for the beta release that are presented to you. In other words, these TERMS do not automatically cover a beta release.
2.4. The Service is offered in the state that it is in at the present time. This means that the Service may include bugs that can affect your ability to use the Service and/or may affect your business. LeadRebel is not liable for your use of the Service.
- Access and Use of the Service
3.1. Conditional on the TERMS, you are allowed to access and use the Service only for purposes that are within the law and adhere to all relevant local, state, and federal laws and regulations.
3.2. There are specific features of the Service, like power dialer or predictive capabilities, that might be illegal in your region. Before you start to use the Service, you must make certain that any such use is allowed in your region. You shall adhere to all the codes of conduct, policies or other notices that LeadRebel offers you or publishes with reference to the Service. Furthermore, you shall immediately inform LeadRebel if you discover a security breach connected to the Service.
3.3. Without limiting any of the aforementioned, you agree to adhere to, and require that your workers, consultants, agents, reps, and users adhere to, all relevant laws, whether federal, state, local or international, concerning the privacy of communication for all parties to a conversation, including, when needed, informing all participants in a recorded phone call or video-chat, that the phone call or video-chat is being recorded.
3.4. Trademark, copyright, as well as other laws of Switzerland and foreign countries protect the Service. Except as expressly provided in the TERMS, LeadRebel, its suppliers and licensors own all rights, titles and interest in and to the Service, which includes all related intellectual property rights. You may not remove, modify or conceal any service mark, copyright mark, trademark, or other proprietary rights notices accompanying or included in the Service.
3.5. All titles, rights, and interest in and to the Service and its constituents will stay with and belong only to LeadRebel. You are allowed to rent phone numbers linked with your account from LeadRebel, as a user of the Service. However, there’s no assurance that these numbers will stay yours.
3.6. Should it happen that you downgrade or discontinue your Service, you shall lose and hand over all the phone numbers linked with your account. You will not rent, lease, sublicense, resell, handover, transfer, time share or in other ways commercially make use of or make the Service available to any other person or group.
3.7. Furthermore, you will not use the Service in any illegal way (which includes without limitation in violation of any data, export control or privacy laws) or in any way that impedes with or disrupts the performance or integrity of the Service or its components. You will also not alter, adapt or hack the Service to, or in other ways try to get unapproved access to the Service or its connected networks or systems.
3.8. Any software that may be made available by LeadRebel concerning the Service ("Software") has confidential and proprietary information that is protected by relevant intellectual property and other laws. Contingent on the TERMS, LeadRebel hereby gives you a personal, non-exclusive, non-transferable and non-sublicensable right and license to use the object code of any Software on a single device only with reference to the Service, on the condition that you will not (and will not let any third party) copy, alter, create a work originating from or based on, reverse-engineer, reverse-assemble or in any other way try to find out any source code or sell, assign, sublicense or in any other way transfer any right in any Software.
3.9. You agree not to access the Service in any way other than via the interface that’s offered by LeadRebel for use in accessing the Service. Any rights not expressly given in this TERMS are reserved and no license or right to use any trademark of LeadRebel or any third party is given to you in connection with the Service.
3.10. LeadRebel may gather information about your use of the Service ("Usage Data"). Usage Data may be used for purposes relating to data analytics in order to assess, examine, and improve the efficiency of the Service.
3.11. You are solely responsible for all data, feedback, information, text, suggestions, content and any other materials that you upload, post, deliver, offer or in other ways transmit or store (from now on referred to as "transfer(ring)") concerning or relating to the Service ("Your Content").
3.12. We have the right, yet not the responsibility, to delete any of Your Content that we decide in our sole judgement to be offensive content. We also have the right, yet not the responsibility, to restrict or cancel the use privileges of any person who posts such content or takes part in inappropriate behavior on or via the Service.
as well as relevant laws.
3.14. You are responsible for keeping your login, password and account confidential and for any activity that takes place under your login or account. LeadRebel reserves the right to access your account for purposes that LeadRebel regard as suitable, for instance to reply to your requests for account management or technical support.
3.15. By transferring Your Content on or via the Service, you hereby do and will grant LeadRebel an international, non-exclusive, permanent, irreversible, royalty-free, fully paid, sublicensable and transferable license to use, change, duplicate, distribute, show, publish and perform Your Content concerning the Service.
3.16. LeadRebel has the right, yet not the responsibility, to monitor the Service, Content, or Your Content. Furthermore, you agree that LeadRebel may delete or disable any Content at whatever time for whichever reason (including, however not restricted to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or without any reason at all.
3.17. You understand that the operation of the Service, including Your Content, may be not beconverted into a code that would prevent unauthorized access and may involve transmissions over different networks; modifications to adapt and conform to the technical requirements of the connecting networks or devices and transmission to LeadRebel’s third-party hosting partners and vendors to offer the required hardware, software, networking, storage, and related technology needed to maintain and operate the Service.
3.18. As a result, you accept that you have the sole responsibility for sufficient security, protection and backup of Your Content. LeadRebel will have no liability to you for any access or use of any of Your Content without authorization, or any corruption, destruction, deletion or loss of any of Your Content.
3.19. LeadRebel reserves the right to use your name and/or business name as a reference for promotional or marketing purposes on LeadRebel’s website and in other communication with current or prospective LeadRebel customers. If you want to refuse LeadRebel this right, you must send an email to firstname.lastname@example.org that expresses that you do not want to be used as a reference.
3.20. LeadRebel’s failure to exercise or carry out any provision or right of these TERMS will not be a relinquishment of that right. Despite the fact that these TERMS are electronic and not physically signed by you and LeadRebel, you still accept that these TERMS are a contract between you and LeadRebel and that it rules your use of the Service and replaces any previous agreements between you and LeadRebel.
3.21. LeadRebel reserves the right at any time to change or stop, whether for the interim or permanently, your account and/or the Service (or any part of that) with or without warning. LeadRebel will not be liable to you or to any third party for any price change, modification, change in accessibility/capacity, discontinuance/suspension of the Service.
3.22. LeadRebel may restrict your use of the Service for whichever reason, according to LeadRebel’s sole judgement. You agree that any termination or restriction of your access to the Service may be without preceding notification, and you agree that LeadRebel will not be liable to you or any third party for such termination or change.
3.23. In the event that LeadRebel terminates these TERMS or your use or access of the Service owing to your failure to comply with these TERMS or any believed fraudulent, abusive, or unlawful activity, then the termination of these TERMS will be on top of any other remedies LeadRebel may have at law or in equity.
4.1. To the extent the Service or any part of it is made available for any fee, you shall have to pick a payment plan and offer LeadRebel information about your credit card/other payment instrument.
4.2. Such a payment plan may include the option to pay in advance for your access to the Service prior to it commences or to get an invoice for payment after your use of the Service has started.
4.3. Extra information about our payment plans is available at https://leadrebel.io/terms
, on the Site, or in the order form that validates your purchase. To the extent your use of the Service exceeds the usage limits offered for in your payment plan, you were not invoiced for services provided, or you failed to pay any payments due on your account, LeadRebel reserves the right to recover such fees and charge you normal as well as overage fees for any such regular and excessive use.
4.4. You represent and warrant to LeadRebel that all payment details you offer are accurate and that you have the authority to use the credit card/payment instrument for this Service. You shall speedily provide the latest account information if anything changes (for instance, in the event that your address or expiration date of your credit card changes).
4.5. You agree to pay LeadRebel the amount that is stipulated in the payment plan in agreement with the terms of such plan and these TERMS. You hereby give LeadRebel the authority to bill your payment instrument in advance of receipt of any Service at fixed intervals in agreement with the terms of the relevant payment plan till you end your account.
4.6. Furthermore, you agree to pay any charges so incurred. In the event that you call into question any charges, you must inform LeadRebel in writing within thirty (30) days after the date that LeadRebel has invoiced you.
4.7. We reserve the right to make changes to the prices of LeadRebel. In the event that LeadRebel does make changes to the pricing plans, LeadRebel will offer a notice of the change on the Application or via email to you, at LeadRebel’s option, at least 30 days prior to the change will start to apply.
4.8. Your ongoing use of the Service after the price change starts to apply give legal or constitutional form to your agreement to pay the amount charged.
4.9. If you fail to offer payment in agreement with your payment plan on a prompt basis, you will give LeadRebel the right to end your access to the Service.
4.10. All fees are not repayable or returnable in any circumstances and do not include V.A.T. or any other relevant taxes. You are responsible for paying all government charges as well as taxes, and all fair and sensible expenses and attorneys’ fees LeadRebel incurs while collecting outstanding amounts. The costs of a payment reminder on open invoices are 20 Units in the invoiced currency.
- Termination of Service
5.1. You have the right to end your account at whichever time in agreement with the steps set out on the Site. LeadRebel reserves the right to change or end, in the interim or permanently, the Service (or any part of it) and to decline any and all current as well as future use of the Service, suspend or end your account (any part of it) or use of the Service and remove and delete any of Your Content in the Service, for whatever reason, including if LeadRebel suspects that you have failed to comply with these TERMS.
5.2. LeadRebel will not be liable to you or any third party for any changes, suspension or termination of the Service. LeadRebel will resort to good faith efforts to contact you to notify you before suspension or discontinuance of your account by LeadRebel.
5.3. LeadRebel may permanently erase all of Your Content on the Service (if any) upon any discontinuance of your account in its sole judgement. In the event that LeadRebel discontinues your account without reason and you have signed up for a paid service, LeadRebel will repay the prorated, unearned percentage of any amount that you have prepaid to LeadRebel for such Service. Though, all accrued rights to payment and the terms of Section 3-15 will survive termination of these TERMS.
- Representations and Guarantees
6.1. You represent and guarantee to LeadRebel that you have complete authority and power to undertake to bind yourself by these TERMS and that you are the owner of all Your Content or have received all permissions, releases, rights or licenses needed to take part in your activities.
6.2. Furthermore, you allow LeadRebel to carry out its responsibilities concerning the Service without getting any extra releases or permissions.
6.3. You also represent and guarantee to LeadRebel that Your Content and other activities concerning the Service, and LeadRebel’s exercise of all rights and licenses granted by you in these TERMS, do not and will not fail to comply with, infringe, or dishonestly or unfairly take any third party’s copyright, trademark, right of privacy or publicity, or other proprietary/personal right, nor does Your Content contain any matter that is libelous, repugnant, illegal, intimidating, abusive, tortious, harassing or offensive.
6.4. Furthermore, you will adhere to any relevant local, state, federal and international law.
6.5. You also represent and guarantee to LeadRebel that you are eighteen (18) years of age or older.
6.6. Without limiting the preceding, you represent and warrant that you will get the suitable permission for all unrequested marketing calls, agree not to sell your data, and only use any features available on the Service in regions where such features are allowed.
- DISCLAIMER OF WARRANTIES
7.1. THE SERVICE, THAT INCLUDES THE CONTENT AS WELL AS SITE, AND ANY NETWORK AND SERVER PART ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY TYPE OF WARRANTY. FURTHERMORE, LEADREBEL EXPRESSLY RENOUNCES ANY AND ALL WARRANTIES, WHETHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT RESTRICTED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACCEPT THAT LEADREBEL DOES NOT GUARANTEE THAT THE SERVICE WILL BE WITHOUT A BREAK IN CONTINUITY, TIMELY, SECURE, FREE OF ERRORS OR VIRUSES AND NO INFORMATION, ADVICE OR SERVICES THAT YOU GOT FROM LEADREBEL OR VIA THE SERVICE WILL CREATE ANY GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS.
- LIMITATION OF LIABILITY
8.1. UNDER NO LEGAL THEORY AND UNDER NO CIRCUMSTANCES (WHETHER IN CONTRACT, TORT, OR IN OTHER WAYS) WILL LEADREBEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT INCLUDE LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, DATA BREACH, OR BUSINESS INTERRUPTION, OR FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED UNITS OF THE INVOICES CURRENCY. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DECIDING WHETHER OR NOT TO ENTER INTO THIS TERMS.
8.2. There are certain Countries or States within a Country that do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. This means that certain of the limitations mentioned above may not apply to you. LEADREBEL’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW IN THESE COUNTRIES (AND STATES WITHIN THE COUNTRIES).
9.1. You shall defend, indemnify, and hold harmless LeadRebel from and against all claims, demands or actions, that include without limitation fair and sensible accounting and legal fees, occurring as a result of your failure to comply with these TERMS, any of Your Content, or your other access, contribution to, use or misuse of the Service, that includes without limitation any claims for copyright infringement, defamation, invasion of privacy or right of publicity occurring as a result of or concerning any unauthorized use of the Service, violation of any applicable, and any third-party litigation occurring as a result of your use of the Service. LeadRebel will offer notice to you of any such suit, claim, or demand. LeadRebel reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to work together with any fair and sensible requests helping LeadRebel’s defense of such matter.
10.1. LeadRebel may make changes to these TERMS occasionally with a minimum 30 days’ notice beforehand. You can look at the latest version of this TERMS whenever at https://leadrebel.io/terms
. "Notice beforehand" means that the revised terms and conditions will be posted on the Service. If you use the Service within 30 days after the notice has been posted, your use will establish that you accept the revised terms and conditions. In the event that any modification to these TERMS is unacceptable to you, your only option is to stop accessing and using the Service.
11.1. You are not allowed to assign these TERMS if you do not have the prior consent of LeadRebel in writing, however LeadRebel may assign or transfer these TERMS, in whole or in part, without limitation.
- Governing Law
12.1. The laws of Switzerland without regard to the principles of conflicts of law will rule these TERMS. Unless otherwise elected by LeadRebel in a specific instance, you hereby explicitly agree to submit to the jurisdiction of Switzerland for the purpose of resolving any dispute concerning your access to or use of the Service.
- Privacy; EU Data Protection
13.1. To understand how LeadRebel gathers and uses personal details and how it abides by General Data Protection Regulations (Regulation (EU) 2016/679), go to https://leadrebel.io/privacy/.
13.2. When using the product, LeadRebel acts as a processor of the customer who is bound by instructions with regard to the processing of any personal data of the website visitors in accordance with the LeadRebel order processing contract. For this purpose, the parties conclude the order processing contract available at https://leadrebel.io/data
in accordance with Art. 28 GDPR, which is an express part of these terms and conditions. In the event of any contradictions between the terms and conditions and the order processing contract, the latter takes precedence. .
- Confidentiality Policy
14.1. Definition. By virtue of your use of the Service, the parties may be able to access the confidential information of each other. "Confidential Information," as used in these TERMS, refers to any written, machine-reproducible and/or visual materials, whether categorized as proprietary, confidential, or with or without words that mean something similar, and all information that is disclosed visually or orally, which a reasonable person would understand to be confidential given the circumstances of disclosure and nature of the information. LeadRebel Confidential Information includes, without limitation, the Usage Data, that includes the content therein, including any Software whether in source or executable code, pricing, business plans, documentation, approaches, methods, processes, and the results of any performance tests of the Service.
14.2. Exclusions. Confidential Information will exclude information that: is or becomes publicly known through no act or omission of the receiving party; was in the receiving party’s legal possession before the disclosure; is legitimately disclosed to the receiving party by a third party without restriction on disclosure; or is independently created by the receiving party, where independent creation can be shown by proof in writing.
14.3. Use and Non-disclosure. During the term and for a period of five (5) years after expiration or discontinuance of your use of the Service, you will not make the Confidential Information of LeadRebel available to any third party or use the other’s Confidential Information for any purposes other than exercising your rights and performing your obligations under these TERMS.
14.4. You shall take every fair and sensible step to make certain that the other’s Confidential Information is not disclosed or distributed by its workers or agents in violation of the TERMS, but in no event will you use less effort to safeguard the Confidential Information of the other party than you use to safeguard your own Confidential Information of like importance. You will make certain that any agents or subcontractors that are allowed to access any of LeadRebel’s Confidential Information are legally bound to abide by the obligations set out in these TERMS.
14.5. In spite of the just mentioned, Confidential Information may be disclosed as needed by any governmental agency, on the condition that before disclosing such information the disclosing party must offer the non-disclosing party with enough prior notice of the agency’s request for the information to allow the non-disclosing party to exercise any rights it may have to challenge or restrict the authority of the agency to obtain such Confidential Information.
15.1. The Service is conducted electronically and you agree that LeadRebel may communicate electronically with you for any matters concerning the Service, that includes, but is not limited to, information and notifications about payments, product updates, and ways to use the Service more efficiently, and any type of legal notice, that includes cancellation and termination, unless forbidden by law.
15.2. Any notices to be shared with you under these TERMS will be sent by email to the most recent email address that we have on record for you, and you hereby agree to receiving any such notice by email. Notice will be deemed to have been given by LeadRebel on the date that we sent the applicable electronic communication with applicable receipt of delivery.