Terms of Service

If you are seated in the United States or Canada and have subscribed for GetResponse Service before October 23, 2019, your use of our Service is governed by these Terms.

If you are seated in the United States or Canada and have subscribed for GetResponse Service after October 23, 2019, your use of our Service is governed by the Terms below:

I. General provisions

GetResponse Inc., a Delaware corporation with principal office at 3 Germay Dr Ste, 5 PMB 15672, Wilmington, DE 19804 (“GetResponse”, “we”, “us”) is the provider of certain online marketing and related services known as the GetResponse Service (the “Service”). The Service is a business-to-business service only. We conclude agreements only with customers who subscribe to the Service for purposes relating directly to their trade, business or profession. These Terms of Service (the “Terms of Service”) set the rules for the use of the Service by our customers.

By clicking the button to subscribe to the Service the company, organization, or other business entity identified during the registration process (“you” or the “Customer”) thereby accepts and agrees to these Terms of Service and agrees to use the Service in compliance with the provisions of this document. If an individual is subscribing to the Service, that individual thereby represents and warrants to us that she or he is authorized to do so (and is thereby doing so) on the Customer’s behalf. You should retain a copy of these Terms of Service for your records, as upon clicking the button to subscribe to the Service, they constitute a legal agreement between you and GetResponse. If you do not agree with any of the provisions of this document, you may not subscribe to or use the Service. We reserve the right to reject your request, registration or application for subscription to the Service (“Subscription”) for any or no reason as long as it is not an unlawful reason.

II. Service

1. General

Under the Service we provide you with:

access to and use of our web-based, SaaS (Software-as-a-Service) model platform (the “GetResponse platform”) as made generally available to other Customers, that allows you to create, send, manage your marketing campaigns and host mailing lists on GetResponse platform by using tools such as: Newsletter Creator, Landing Page Builder, Marketing Automation Software, Content Creator toolkit and many others,
Customer Service as described below,
additional features (add-ons) and services. You’ll need to separately order and pay for some add-ons and services.

The detailed scope of Service features available to you under your Subscription (“Subscription Plan”) is provided at GetResponse Pricing, and depends on the “Billing Period” and “List Size” that you choose.

You may use the Service to send emails only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Contacts”), unless you have another valid legal basis to process your Contacts’ personal data within the Service.

2. Account

In order to use the Service, you must create an individual account in the GetResponse platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of other users of your Account (“Users”). Certain features of the Service enable you to specify the level at which the Service restricts user access to the Account, Webinars (defined below) and Content (defined below). You are solely responsible for applying the appropriate levels of access.

3. Free Account

GetResponse offers a free access to the Service – at no cost, with limited features (“Free Account”), on an ongoing monthly basis. You may create only one Free Account.

If you wish to access more features and functionalities than provided in the Free Account, you shall select a suitable paid plan and make a prepayment for the next period.

GetResponse reserves the right to limit, suspend, change the features or functionality of or stop the Service (or any part thereof) of a Free Account subscription, either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You acknowledge and agree that GetResponse shall not be liable to you or any Third party for any modification or cessation of the Service and that GetResponse has no obligation (express or implied) to provide, or continue to provide the Service, or any part thereof, now or in the future.

If you don’t use your Free Account for 90 consecutive days, it will be disabled by GetResponse and you will have 30 days to restore it by contacting our Customer Support.

4. Upgrade

You may upgrade your Subscription Plan or order an add-on at any time. If you purchase an add-on during the period for which you have subscribed to the Service (the “Billing Period”), we will align your add-on billing cycle with your Subscription Plan monthly cycle, so that the payment dates for all services under your Subscription Plan are in line. The initial add-on will therefore be calculated in proportion to the number of days remaining until the end of the then current monthly cycle in your Subscription Plan.
If you have a Free Account or a monthly Billing Period and decide to purchase a 12-month or 24-month Billing Period, you will be entitled to register one domain available from the OpenSRS registrar under your GetResponse Account at no additional fee, provided that the cost of such domain per year is lower than $15.00 gross (or its equivalent at the current exchange rate of the National Bank of Poland). The domain you choose will be available until the end of the Billing Period you purchased, or for a period of 12 months from the moment of its selection, depending on which event occurs first. You can extend the domain for a fee for another period, in accordance with the currently applicable rates offered by the registrar. If you do not take advantage of the opportunity to register one temporary, free domain in connection with the above-mentioned Billing Period change, you are not entitled to any compensation or exchange of the domain for another type of add-on or service.

5. Domains

1. In connection with the provision of the Landing Page Builder add-on, we enable you to integrate your landing page(s) either with sub-domains provided by us or with your own domains. You are solely responsible for verification whether any selected domain or sub-domain name infringes any third party rights, as we cannot and do not perform such verification and we expressly disclaim any and all liability arising directly or indirectly in connection with any such domain or sub-domain names. We reserve the right to block any domain or sub-domain, cancel or change the name of any domain or sub-domain that you select, including but not limited to, if we are ordered to do so by a court or other governmental authority or reasonably believe that we must do so in order to avoid infringement or violation of any third party or GetResponse right.

2. If you use a free, public domain (e.g. gmail.com, yahoo.com) to send emails via GetResponse, you acknowledge that GetResponse may automatically change your “from” field domain e-mail address to getresponsesend.com or other domains whose delivery policies it controls, and limit the total number of email messages you can send using the Service to 50 per day. Replies from your recipients will be directed to your original public domain email address. To avoid the send limit and changes to your “from” email address, you have to add and verify a custom email address domain and, if further restrictions are imposed by email providers, authenticate your custom domain with DKIM and DMARC. Then, GetResponse will automatically use your address in your sent emails.

6. Webinars

The Webinar feature allows you to organize on-line conferences (“Webinars”) for a certain number of participants (“Participants”). You may use this feature for conferences in which you take part as an active Participant.

When organizing a Webinar, you are solely responsible for notifying all Participants that personal data and information disclosed during the conference can be transmitted to other Participants and third parties. You are also obliged to inform Participants that the use of the Webinar feature is subject to these Terms of Service and the GetResponse Privacy Policy, including but not limited to, applicable restrictions regarding prohibited practices and technical requirements.

You are not allowed to run more than one Webinar at a time within one Account. Please bear in mind that Webinars may be unavailable in any particular location.

7. Additional features (add-ons) and services

You may use certain additional features (add-ons) we provide, or integrate third-party services with the Service. These third-party services are not provided by GetResponse. Your ability to use some of the add-ons and third-party services may be limited pursuant to separate terms of use (“Additional Terms”), which you can find here or to the third party’s terms and conditions. When you integrate a third-party service with GetResponse, you authorize us to exchange any of your data, whether confidential or not, with the third-party service provider in order to enable such integration. Any links to a third party service or website that you find in the Service or on getresponse.com or any other website or web page owned, used or controlled by GetResponse (collectively, the “Websites”) are provided for convenience only and we do not control or endorse any material or information found on those third-party services sites.

8. Beta-test Versions

From time to time GetResponse may offer a beta-test version of new features. This allows our Customers to try new solutions we come up with and helps us better understand your needs and develop the Service accordingly. If you decide to use a feature available in beta-test version, you agree that:

The feature is available only for a limited period of time and can be deactivated at any time and at our sole discretion;
The feature is available only to a limited extent and may be modified at any time and at our sole discretion;
GetResponse does not warrant that any feature made available in a beta-test version will be included in the Service, we are not obliged to maintain or support any such feature, and we may cease development of any such feature at any time and at our sole discretion;
You are solely responsible for consequences of using the beta-test version, including but not limited to, any impact such use may have on your Account settings, set or planned campaigns, collected data and other information, or otherwise. Please remember that once we deactivate a beta-test version of a feature, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information cannot be reversed, and GetResponse shall bear no responsibility or liability for any consequences resulting therefrom;
At the end of a beta-test version period, one or more beta-tested features may be made available for a separate fee (e.g. as a paid add-on), or as a component of particular pricing options only. Customers interested in using such features may need to upgrade their Accounts to a more advanced pricing option in order to use such features.

More information about terms and conditions about our current Beta-test versions you may find in your Account.

9. Content Creator toolkit

Content Creator toolkit is a set of features that allow you to create and monetize your content in the form of courses or premium newsletters (“Creators’s Content”) available to end users being registered on our platform hub.getresponse.com (“Hub”). You can create your own subpage with all the Creator’s Content you created via our Service (“Creator’s Profile”). Separate terms regulate the relationship between us and Hub end users being students or premium subscribers to Creator’s Content. Customers providing Creator’s Content and GetResponse are each intended to be independent contractors, and not employees, partners, or joint ventures of one another, and neither shall have any authority to bind or incur any obligation or liability on the other’s behalf. Customers are considered separate controllers of the personal data they collect from and about Content Creator’s end users. Customers are also responsible for providing an appropriate privacy notice to their Creator’s Content end users, respecting their privacy rights in accordance with applicable law, including by providing access to or deleting their personal data if they request and as required by applicable law.

GetResponse is not responsible for interactions between Customers and Hub end users, except for providing the technological means through which Customers may broadcast and otherwise make their courses, digital downloads, premium newsletters, and other content available to end-users. GetResponse only provides Customers with limited information about end users enrolled in the Creator’s Content, including name, email address, IP address, and the Customer’s offering in which the end user has enrolled including the status of the transaction and activities related to the Creator’s Content. This information is only available to the Customer upon the purchase or enrollment in the Creator’s Content.

GetResponse is not responsible for setting the pricing on the Creator’s Content nor for transactions. Prices for Creator’s Content are set by you. You are solely responsible for setting any refund policy regarding the sale of the Creator’s Content to its end users. End users may pay for the Creator’s Content directly to you using third -party payment platforms such as Stripe and Paypal, subject to restrictions on certain payment methods depending on your country and choice. You are solely responsible for paying all commissions and fees due to third-party payment platfroms such as Stripe and Paypal and accept that such fees may be deducted from payment which is made by student. We reserve the right to change or add the payment provider at any time, in which case you agree to take whatever steps as we may advise in order to migrate to another provider. Any attempt to bypass the payment system available via Hub to avoid transaction fees may result in the suspension or cancellation of your Account.

For the avoidance of doubt, GetResponse will not be the seller or merchant of record and will have no responsibility for Creator’s Content, or offerings sold to end users through Hub. You are responsible for all taxes applicable to the Creator’s Content and for paying those taxes in a timely manner when due and payable, determining the taxes that apply to transactions occurring between you and end users of your Creator’s Content; and collecting, reporting and remitting the corresponding taxes to the appropriate tax authorities in a timely manner when due and payable.

III. Technical Requirements

The Service will operate with the latest official version of Mozilla Firefox, Google Chrome and Safari web browsers. In order to use the Service, it is necessary that you have a device that allows you access to the Internet, have an email and a website browser installed with plugins that allow Flash technology and with “cookies” and JavaScript enabled, as well as email. For the Webinar or Content Creator feature to work properly, a camera and/or microphone and a headset or loudspeaker must be on and not used by another application. You expressly acknowledge and agree that GetResponse is not responsible for satisfying the foregoing requirements, and that the quality of files sent, posted, streamed, published or otherwise transmitted using the Service may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of the Service.

IV. Use of the Service

Upon successful registration and Subscription to the Service, you agree to:

observe these Terms of Service, the GetResponse Privacy Policy, the GetResponse Anti-Spam Policy and all other policies developed, published or adopted by GetResponse in connection with the Service (each as amended and in effect from time to time);
use the Service for purposes directly related to your trade, business or profession;
maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
conform to all applicable laws, regulations, rules and requirements (“Legal Requirements”) relating to the transmission of emails (including but not limited to, commercial emails), creating Content and the processing and transmission of personal data, applicable sanctions, restrictive measures, export and re-export control laws and regulations of the European Union and any of its members, the United States of America, the United Nations (including the governmental authorities of such states), and any other sanctioning authority, relating to economic or trade sanctions, export or trade controls and similar applicable laws, regulations, rules or requirements (“International Sanctions”), including but not limited to the Legal Requirements in force in your country of residence, especially, you represent and warrant that you are not located in country that is subject to any government embargo, or that has been designated as a “terrorist-supporting” country, and you will not directly or indirectly use, sell, supply, export or transfer the Service in any way whatsoever to, on behalf of, or for the benefit of a person or entity located in countries or regions subject to International Sanctions (e.g. Russia) or trade embargoes, or to any person or entity that is otherwise targeted by International Sanctions, or to any person or entity that is directly or indirectly involved in acts of terrorism. You represent that you are not designated, targeted, or subject to International Sanctions in a way that may cause GeResponse to violate International Sanctions, you are not owned or controlled by, and not acting for, or on behalf of, a natural or legal person designated, targeted, or subject to an International Sanctions, in particular, you and such person are not enlisted on any sanctioned entities lists. You shall immediately inform GetResponse in writing if you or any of your beneficiaries is entered on any sanctioned entities lists, as described above;
keep all login credentials provided to you secret and confidential;
receive commercial and marketing information about GetResponse products and services.

If you:

offer goods or services to data subjects in the European Economic Area (the “EEA”), irrespective of whether a payment is required, or
monitor behaviour of data subjects in the EEA,

you represent and warrant that in using the Service, in particular in creating lists of Contacts, sending e-mails and collecting personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states. In particular you are obliged to:

clearly inform data subjects about means and purposes of the processing of personal data, including for processing in the Service;
obtain and maintain express and valid consent of the data subject to transfer their data to GetResponse and to be processed in order to send them electronic communication by GetResponse on your behalf, if legally required;
agree to indemnify and hold GetResponse harmless from any losses resulting from breach of the above warranties and obligations.

Accepting these Terms of Service you engage GetResponse in processing of the personal data necessary to provide you with the Service on terms and conditions stipulated in Data Processing Agreement, which constitutes an integral part of these Terms of Service.

Data Processing Agreement

To the extent GetResponse receives from you any personal information (as defined by the California Consumer Protection Act of 2018 (the “CCPA”), for the sake of this section defined as the “Personal Information”) of any “consumer” (in the meaning assigned thereto by the CCPA) for processing, GetResponse and you acknowledge that we shall serve as a service provider in the meaning of the CCPA, and as such, we shall not:

retain, use or disclose the Personal Information for any purpose other than for the specific purpose of performing Service under this Terms of Service or as otherwise permitted by the CCPA, including for any “business purpose”, as defined by the CCPA;
retain, use or disclose the Personal Information for any “commercial purpose” (as defined by the CCPA), other than providing the Service under the Agreement or as otherwise permitted by the CCPA;
“sell” (as defined by the CCPA) Personal Information.

The role of GetResponse shall be limited to providing you with the Service tools to be used for the purpose of Personal Information processing. We do not have any impact on the scope of the Personal Information you process in the Service; and except for specifying the minimum scope of the Personal Information required for the proper use of the Service, GetResponse does not determine the purposes and means of processing, does not monitor the scope of these data or the lawfulness of the basis for its processing, nor does it check if you processes them correctly.

You agree that in case we receive a request from your Contact, who wants to exercise his/her rights under the CCPA, we shall inform such Contact that GetResponse acts as a service provider, and further GetResponse shall direct such Contact to you being an entity that determines the purposes and means of the processing of Personal Information.

While it is your responsibility to satisfy the requests of consumers, and to prepare replies thereto, we, to the best of our abilities and to a reasonable extent, shall reasonably support you, in fulfilling your obligations, in particular through the application of appropriate technical and organizational measures necessary for you to support the exercise of the consumers’ rights under the CCPA.

By subscribing to the Service, you represent and warrant that:

you are not located in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and
you are not listed on any U.S. government list of prohibited or restricted parties.

V. Payments

You are obliged to timely pay all applicable Subscription fees for your use of the Service in accordance with the Billing Period, List Size and Subscription Plan you have chosen, and these Terms of Service. We offer a variety of different Subscription Plans, monthly, 12, month and 24-month Billing Periods, and List Size tiers that vary by Subscription Plan. Current Subscription Plans, Billing Periods and List Size tiers are available at: GetResponse Pricing.

Access to the Service is provided to you after we have received the applicable subscription fee, calculated on the basis of the Subscription Plan, Billing Period and List Size you have chosen (pre-paid subscription). The Service is available for the Billing Period you choose, which is automatically renewed in accordance with the Subscription Plan you choose, unless you delete your Account before the automatic renewal date.

You may pay for the Service using a credit card. You hereby agree to pay fees in the form of a recurring payment, under which the subscription fee is processed automatically based on the Subscription Plan, Billing Period and List Size you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (“recurring payment date”).

If the recurring payment via credit card is unsuccessful at that point, depending on your Billing Period:

with monthly payments: we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Service is terminated;
with 12-month or 24-month advance payments: we will retry to complete the payment in full or in parts in the following days and/or months, and if the completion of the transaction is unsuccessful, we will assume that the Service is terminated.

In the event that the credit card you provided us expires or any credit card information changes or becomes out of date, in order to procure continuity and avoid Service interruptions, you hereby authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number, and to continue billing on the same terms using the updated or replacement information. We are not responsible for any fees charged by payment services providers.

We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. The first invoice is issued for the data you provided when purchasing the Subscription Plan, and each subsequent invoice for the data indicated in the Account settings on the day of its issue. For settlement purposes, the Billing Period marked in months ends with the expiry of the day that corresponds to the starting day of the Billing Period, and if there was no such day in the last month – on the last day of that month.

The number of your Contacts is the peak number of all Contacts within your Account – the exact number is visible in the Search Contacts tab. Please bear in mind that we monitor for the peak number of Contacts accumulated in all your campaigns in a given month, which means that Contacts are unique within each campaign, but not within the entire Account. As regards the Landing Page Builder add-on we count the number of unique visits on a published landing page in a given month.

If you exceed the number of Contacts (referred to as the “List Size” in GetResponse Pricing) that you initially chose, the following rules will apply:

you will pay an additional fee (a “List Extension Fee”) equal to (i) the monthly subscription fee for the Subscription Plan and Billing Period at the List Size tier sufficient to cover the number of Contacts for that month, minus (ii) the Subscription Plan and Billing Period that you initially chose, at your initial List Size tier;
if you exceed the maximum List Size provided for your Subscription Plan and Billing Period at GetResponse Pricing, the List Extension Fee will be the sum of the amount calculated in accordance with 5(a) above, plus $ 4 for every started block of one thousand (1,000) Contacts over that maximum List Size;
if you surpass the List Size you have chosen and paid for by four levels, your ability to add more Contacts will be blocked. In such cases you should contact our Compliance Team. After we confirm that exceeding the limit does not infringe law, our policies or these Terms of Service, we will unblock the ability to add more Contacts;
all additional payments mentioned above must be paid in the month directly following the month in which the List Size was exceeded.

We reserve the right to change the fees for the Service at any time by posting a new price list on GetResponse Pricing. New price list applies to new Accounts and all current Accounts – from the beginning of any subsequent Billing Period or in case of any Subscription Plan changes. We will inform about the new price list by providing at least 14 (fourteen) days prior written notice sent to the email address available within your Account.

All fees are exclusive of taxes. Where appropriate, value added tax (VAT), goods and services tax (GST) or any other tax on sales (irrespective of the designation of the tax adopted in various jurisdictions) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT, GST or any other tax on sales purposes in your country. At our request, you will provide us with the VAT, GST or any other tax on sales registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

Please note that some taxes depend on the region, province, state, town or district where you are located. You need to provide us with your correct address at all times, as we do not bear any responsibility resulting from wrong calculation of taxes due to inaccurate or wrong indication of address by you.

You may pay for services purchased as a part of the Service provided using our mobile app, downloaded from the App Store, made under your Apple ID account. Please note that the payment processor, which is responsible for any related refunds as well as for payments made as recurring payments, is the Apple Inc. company.

In accordance with the terms and policies of the Apple Inc. company, in case of any problems related to payments made via this method, you shall report any problems or refund requests through your Apple ID account. In order to get help with the above-mentioned issues, please use the dedicated Apple help center: https://getsupport.apple.com. To avoid any confusion, please note the above-mentioned arrangements are only connected with payments made through the mobile app downloaded from the App Store.

VI. Prohibited practices, content and industries

You are not allowed to use the Service, or use, post or transmit any Content (defined below), including Creator’s Content to or within the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international law, good industry practice, these Terms of Service, our Privacy Policy, our Anti-Spam Policy or any copyright or other right of a third party. Without limiting the foregoing, each of the practices specified here is considered a violation of these Terms of Service and grounds for termination of your Subscription.

Certain Content may be illegal or result in higher than normal bounce rates and abuse complaints, which may affect the deliverability of GetResponse’s platform to you and others. You acknowledge the foregoing and agree that you will not use the Service to stream, disclose, engage in, offer to sell, and/or promote, either directly or indirectly, any goods or services identified here, and that doing so is considered a violation of these Terms of Service and grounds for termination of your Subscription.

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service or any Website. You further agree not to take any action that imposes unreasonable or disproportionately large load on the Service, any Website, or any network or other Service infrastructure.

We do not pre-screen or control Customer’s activity related to the use of the Service. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any Content, suspend email campaigns, block Customer’s landing page, stop Webinars, delete Creator’s Content suspend access to the Service or any part thereof, with or without notice, at our sole discretion if we reasonably determine that Customer’s, Collaborator’s or Participant’s activity or the Content including Creator’s Content violates any applicable provision of the law, our policies, these Terms of Service, any third party right or is otherwise objectionable. In the aforementioned situations, without in any way limiting the disclaimer and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

To report any illegal content available on our Platform or accessible via GetResponse Service please refer to our reporting policy available HERE.

1. Fair Usage Policy

In order to help ensure the quality and accessibility of the Service to our Customers, you agree not to use the Service or features thereof in a manner that is excessive or unreasonable relative to other Customers under similar Subscription Plans, Billing Periods and List Sizes.

Please note that we do not impose quantity restrictions on features such as number of sent emails, or landing pages, and that access to tools and features made available to you for “unlimited” use as part of the Service is not restricted if used in accordance with this Fair Usage Policy. However, we monitor various parameters on a case by case basis to identify and prevent excessive or unreasonable use that may adversely affect other Customers or performance of their campaigns.

Should our Compliance Team determine in its sole discretion that your use of the Service or any feature thereof is excessive or unreasonable, overloads our systems and as a result, detrimentally affects other Customers, we will promptly advise you on how to reduce your usage.
If you do not follow that advice, and your usage continues to affect other Customers, you agree that we may immediately suspend or terminate your access to the Service in whole or in part and that you will not be entitled to a refund of any amounts previously paid. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstances shall we be liable for the consequences of any measures taken pursuant to this paragraph.

2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others, and we ask our Customers to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of Customers who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: GetResponse Inc.
3 Germay Dr Ste,5 PMB 15672,Wilmington, DE 19804
By phone: +48 58 668 31 33
You can also use our contact form.

VII. Content

Any and all information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Service, including but not limited to on your landing page(s) or during Webinars, or that your landing page visitors or Participants upload, post or stream on your landing page(s) or during Webinars (“Content”), or Creator’s Content available on Hub are solely your responsibility. Content also includes any links to other websites or resources or other third-party services that you use. We do not claim ownership of the Content or Creator’s Content and you (or your landing page visitor/Participant, as applicable) retain all right, title, and interest in and to the Content including Creator’s Content. Notwithstanding the forgoing, the term “Content” and “Creator’s Content” do not include any materials that you take from our resources, including but not limited to from Multimedia Studio and our collection of predesigned templates. You agree that we can present your landing page in our marketing materials, in particular case studies.

You are entitled to use materials that we render available to you solely to use the Service for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources (in particular the Multimedia Studio) may include materials that are subject to third party copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in email campaigns and on your landing page(s) or Webinars. If you do not satisfy any such demand, we will be entitled to delete such materials at our sole discretion. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

If you post, upload, send, stream or otherwise make available Content including Creator’s Content through third parties or which belongs to a third party, you are obliged to adhere to such third party terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service.

You acknowledge and accept that we may preserve the Content including Creator’s Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content and Creator’s Content or the activity of your landing page visitor or Participants violates the law or the third party rights.

While we do not claim any intellectual property rights over your Creator’s Content, by uploading it through the Service to Hub’s end users, you grant us a worldwide, royalty-free license to host, use, display, distribute, make publicly available, store, make available, create derivative works from and otherwise exploit your Creator’s Content to provide it to end users, provide Hub and the Service.

VIII. Customer Service

We provide Customer Service via Email or Live Chat. When requesting customer service or submitting a complaint, you should provide at least your Account name – we do not reply or take any action based on “anonymous” support requests. Customer Service contact details are available at getresponse.com and within your Account under the “Support” tab. Most customer service enquiries are responded to within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint. You can also get help using our chatbot – an automatic tool supporting communication in real time. The chatbot service allows you to quickly obtain information about GetResponse services and products and get answers to the most frequently asked questions. The chatbot service starts when the chatbot is launched and lasts until you leave the service window or switch the conversation to a chat with a consultant. Complaints regarding the functioning of the chatbot service can be submitted to our experts from the Customer Service Department.

IX. Cancellation

You may cancel your Account at any time in accordance with this Section 9. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account you must follow the instructions provided on this website. Please note that if you cancel your Account, your Subscription will be terminated with immediate effect. The GetResponse Platform allows for restoring the Account (along with all data and Contacts List) within 30 days (for Free Accounts) or 120 days (for paid Accounts) from the date of its deactivation – regardless of the reasons for the deactivation. Restoration of the Account is subject to prior payment of the Subscription fee for the then next Subscription Period for the Service. We reserve the right to refuse to restore any Account without reason (including but not limited to, if we cancel the Account due to our termination of your Subscription or suspension of the Service).

X. Termination

We reserve the right to terminate or suspend your Subscription with immediate effect and refuse you any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service or any other agreement with GetResponse, or cancel your Account. Without limiting the foregoing, the activities specified here each constitute a violation of our Terms of Service and grounds for immediate termination and or/suspension of your Subscription.

We also reserve the right to terminate or suspend your Subscription to the Service at any time, without cause, with immediate effect, without incurring any liability as a result.

Termination and suspension as well as downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, or related matters. Once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

XI. Free Account; Refund Policy

Free Account: this version of our Service requires no credit card for signup. This gives you a zero-charge way to try our Service. If you decide to upgrade at any time, the Free Account is upgraded to a Paid Account.

Paid Account: When you purchase a Paid Account or upgrade from a 30-Day Free Trial to a Paid Account, the GetResponse billing system charges your credit card for the initial Billing Period (i.e. month, 12-month, or 24-month Billing Period, depending on your Subscription Plan). After that, the billing system automatically renews your Account every month, or every 12 months or every 24-months depending on the Subscription Plan you chose and charges the appropriate amount to your credit card, unless you delete your Account before the automatic renewal date.

Cancellation/Termination: if you cancel your Account or if we terminate your Subscription for cause as specified in Section 10 above, no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.

Refund Policy: our Service is a pay-as-you-go service. Therefore, except as expressly provided below, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for a new Billing Period. For example, if we charge your credit card on August 10th, and you cancel your Account on August 15th, you are still responsible for paying for the entire Subscription Period (month, 12 months, 24 months, depending on your Subscription Plan). Upon cancellation or termination, no subsequent charges will be applied to your credit card, but the amounts already charged are not refunded.

Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable. Therefore, termination of the Service does not release you from the obligation to pay all and any fees already due as per our Refund Policy.

Notwithstanding the above, if we terminate your Subscription without cause, then we will refund a pro rata portion of the amount you already prepaid for the portion of the Subscription remaining after the effective termination date.

Please note that cancellation or termination does not release you from the obligation to pay any fees already due as of the effective cancellation or termination date.

XII. Privacy

Our data protection practices are set forth in the GetResponse Privacy Policy. By using the Service, you agree to the terms of the GetResponse Privacy Policy.

XIII. Copyright and Trademarks

The Service, all GetResponse software, and the content included on the Websites (such as text, graphics, logos, button icons, images, audio clips and software) (collectively, the “GetResponse Property”), are the property of GetResponse or its content suppliers and protected by United States, and international copyright laws. No part of the GetResponse Property may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.

“GetResponse” is a registered trademark of GetResponse in the United States, the European Union, as well as in other countries. Without our express consent, our trademarks, service marks, logos and other indicia of source may not be used in conjunction with other entities’ products or services in any manner whatsoever, including but not limited to in any way that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products and/or services.

XIV. Service accessibility

We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Service or any of the Websites, at any time without prior notice.

XV. Disclaimer of Warranties. Limitation of Liability

You acknowledge and agree that GetResponse provides the Service and Websites on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose.

Every online business is unique, employing its own strategic approaches, and offering different products and services. For these reasons, individual results of each of our Customers will be different. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY, BASED UPON NUMEROUS FACTORS UNIQUE TO YOUR BUSINESS. THIS INCLUDES BUT IS NOT LIMITED TO PRODUCTS AND SERVICES YOU OFFER, YOUR BUSINESS MODEL, AND MARKETING STRATEGY.

GetResponse does not promise, guarantee, or warrant your business’ success, income, or sales volume. You understand and acknowledge that GetResponse will not at any time provide sales leads or referrals to you or your business. Customers who purchase our Service will receive access to software and tools to run online marketing campaigns, create online sales funnels, and otherwise aid their Internet marketing strategy. However, we do not promise or warrant your business’ success, and depending on a variety of market factors beyond our control, the software, tools and features we provide may or may not be suitable to your specific business. Also, we do not make income claims, return on investment claims, or claims that our software, tools and features will help you earn any specific amount of money, and it is possible that you will not earn your investment back. You should not buy our Service if that is your expectation. We also do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, financial advisor or other professionals for advice on these matters.

You are solely responsible for your use of the Service, any of the Websites and any and all Content, Creator’s Content, Webinars and email campaigns that you develop, operate or send using the GetResponse Service. It is your duty and responsibility (and not ours) to back up all your files and data stored on our servers and under no circumstances will we be liable for any loss or damages due to loss of such files and/or data stored on our servers.

Without limiting the foregoing, GetResponse is not responsible or liable to you for any:

actions or omissions of any third party, including but not limited to Users or Participants, and other third parties using your Account with login credentials, passwords or details obtained from you or in other circumstances beyond GetResponse’s reasonable control;
failure of external conditions, networks or telecommunications devices or equipment necessary to use the Service that are provided by third parties or otherwise beyond GetResponse’s reasonable control;
problems of any kind with features used within test versions, including but not limited to beta-test versions;
insufficient or fluctuations of the bandwidth used by Customer, Collaborator or Participant which may affect Content quality.

To the maximum extent permitted by law, you agree that in connection with these Terms of Service, the Service and/or use thereof: (i) GetResponse, its employees, directors, officers or representatives shall not be liable for any indirect, incidental, punitive, special or consequential damage or loss (even if advised of the possibility of such damage), however caused and irrespective of the nature of the cause of action, demand or claim and (ii) GetResponse’s entire liability to you for any and all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, judgements, and awards arising under or in connection therewith (each a “Claim”), in the aggregate, regardless of the form and cause of action, shall not in any event exceed the equivalent of amount payable for the Service for one settlement period (settlement period shall mean, respectively, monthly period or 30 days) paid by the Customer in the settlement period immediately preceding the date when the event causing the Claim occurred, with the exclusion of any amounts representing setup fees, List Extension Fees, paid add-ons fees, or any other extra charges. The Customer hereby releases GetResponse, its employees, directors, officers and representatives from any and all Claims in excess of the aforementioned limitation.

Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of the Service, and whose activity is independent of the parties hereto.

You agree to indemnify and hold GetResponse, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from (i) any failure by you or any individual using your login credentials to comply with your obligations under these Terms of Service, (ii) violation of any law, or of the rights of any third party by you, your Collaborator, or any of your landing page visitors or Participants, (iii) your use of any third party service or integration of the Service with any third party service, or (iv) any Collaborator’s or Participant’s Content or activity, or (v) any Creator’s Content or related transactions with end users on Hub including refunds. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.

XVI. SMS Terms

“GetResponse”, also known as “GetResponse Inc.” may send three types of SMS:

2 Factor Authentication SMS including one-time password upon login. The message is sent only to those Customers and Users who activated this option in their Account and requested the SMS code when logging in to their Account. One message is sent per request.
SMS verification. The message is sent to the Customers for security reasons and to confirm their identity and authorisation to use the Account. One message is sent per Customer’s request. Customers may choose not to use this option and contact GetResponse’s Support Team for help.
Account billing notifications for paid Accounts. The message is sent only to inform Customers about important updates regarding their Account billing details. We never ask our Customers to perform any activities connected with payments via links sent by SMS. Customers can perform activities connected with payments only when they are logged in to their Account. Message frequency varies. By creating paid Account and providing us with telephone number, Customers agree to receive such notifications. Customers can cancel messages by texting ‘STOP’ to telephone number displayed in SMS from GetResponse.

Message and data rates may apply. Text ‘HELP’ to telephone number displayed in SMS from GetResponse for help. Carriers are not liable for any delays or undelivered messages.

XVII. Final Provisions

The GetResponse Anti-Spam Policy and Privacy Policy are each hereby incorporated into and constitute an integral part of these Terms of Service. You and GetResponse are each intended to be independent contractors, and not employees, partners or joint ventures of one another, and neither shall have any authority to bind or incur any obligation or liability on the other’s behalf. If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. GetResponse reserves the right to change any of the provision of these Terms of Service as well as any supporting documents at any time by posting the revised document on Website and/or by sending an email to the last email address you have given to GetResponse. These Terms of Service and supporting documents shall be effective immediately upon posting on Website with respect to any continued or new use of the Service, unless you terminate these Terms of Service within 10 (ten) days of such posting. Your continued use of the Service after 10 (ten) days following the posting a revised version of the Terms of Service or any supporting or related documents constitutes your acceptance of such revised Terms of Service and/or supporting or related documents. The most current version of these Terms of Service is available at: www.getresponse.com/legal/terms-us. We may assign rights and obligations arising from this agreement to any company controlled by or under common Control with GetResponse without your prior consent. “Control” for purposes of these Terms of Service means direct or indirect ownership or control of more than 50% of the share capital or voting interests of the subject entity. You may not assign any rights or obligations arising hereunder agreement to a third party without our prior written consent. These Terms of Service shall be interpreted and construed according to, and governed by, the laws of Delaware, without regard to its conflict of laws provisions. You expressly consent to the personal jurisdiction of the state and federal courts located in Delaware for any action or proceeding arising from or relating to these Terms of Service and wave any objection to venue in said courts. If we delay in exercising, or fail to exercise, or enforce any right or provision of these Terms of Service, such delay or failure does not constitute a waiver of that right, provision or any other rights under these Terms of Service.

The conclusion of the Agreement and acceptance of the Terms of Service is equivalent to expressing consent to receive GetResponse declarations, including information on changes to the Terms of Service or the Agreement, changes to identification or contact data, termination of the Agreement, invoices and other accounting documents by means of electronic communication, in particular through the functionality of the GetResponse platform and/or to the email address assigned to the Account.

These Terms of Service are valid as of the earlier of the date provided to you or posted on the Website (December 16, 2024).