Terms of Service

Terms & Conditions

GoToCampaign (the "Services"), is a web based software application that offers businesses and web site operators a software application for creating and sending email campaigns. By ticking the check box at the end of the trial form stating 'Accept terms and conditions' you are agreeing to these terms and conditions.

The GoToCampaign service and support offering

All Services provided by GoToCampaign are subject without limitation to GoToCampaign's Privacy Policy. GoToCampaign may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.GoToCampaign.com website.

The Services are subject to pre-paid (pay-as-you-go) fees. When the free trial period has been completed GoToCampaign reserves the right to suspend your account unless you purchase pay-as-you go credits. Pay-as-you-go credits are purchased in advance at the set price for the amount you intend to purchase. These pay-as-you-go credits remain on your account until you have used them. In the event that you purchase pay-as-you-go credits your account will remain open as long as one (1) send credit remains on your account.

Payment of your GoToCampaign can be made by credit card or Paypal. Refund Policy - Your access to GoToCampaign may be suspended at any time with or without cause. If we terminate you without cause, we will refund you for unused email credits. If we terminate you for cause, there will be no refunds for any fees paid. Cause is any violation of privacy policy. In addition, you are responsible for canceling your account and GoToCampaign will offer no refund for your failure to cancel your account. When an account is terminated by GoToCampaign or cancelled by the client, we reserve the right to remove any emails and related data and files.

Restrictions and Responsibilities

GoToCampaign reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein. You will not contest the validity of GoToCampaign with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement. You acknowledge that GoToCampaign owns all rights, titles and interests in and to GoToCampaign including any and all proprietary rights.

GoToCampaign may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless GoToCampaign against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of GoToCampaign. GoToCampaign reserves the right to monitor the newsletters created by you and your use of GoToCampaign. GoToCampaign also reserves the right to remove any content or immediately suspend use of GoToCampaign, if it believes that use is: 1) in violation of any national or international laws; 2) constitutes pornography; or 3) is excessively violent or contains harassing content or hate speech; 4) improperly exposes trade secrets or other confidential information of another person; or 5) is otherwise malicious, fraudulent, or may result in retaliation against GoToCampaign by offended recipients.

GoToCampaign will not share information you may upload (such as email addresses, name, contact information, or images) to GoToCampaign. Your customer information will not be shared with any other parties, unless required under law. GoToCampaign will not use your customer information for the purpose of sending unsolicited commercial e-mail. GoToCampaign may use this information and any technical information about your use of the Services to facilitate your use of GoToCampaign or in communications with you. You will comply with the GoToCampaign Privacy Policy, which may be modified by GoToCampaign from time to time.

Termination

This Agreement will have a term beginning on the payment date of the first purchase of pay-as-you-go credits. You may terminate this Agreement at any time by sending an email to support@GoToCampaign.com. GoToCampaign may immediately terminate this Agreement and suspend access to GoToCampaign without refund if you are in violation of any of terms outlined in this agreement. GoToCampaign is not liable for any commercial damage to you as a result of it's decision to terminate or suspend your GoToCampaign account. GoToCampaign reserves the right to delete any account data within 30 days after the date of termination

Warranty Disclaimer

THE GoToCampaign APPLICATION AND ANY RELATED SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY, AND GoToCampaign EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney's fees, directly arising from a material breach of this agreement by the other party.

Limitation of Liability

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney's fees, directly arising from a material breach of this agreement by the other party