Terms of Service
Welcome to Greetly.
Agreement between user and Greetly
By using the web or mobile www.MyGreetly.com, our iOS apps and all related end clients, tools, applications, data, software, APIs and other services provided by Greetly (the “Service”, “Services”, “Product”, “Products”, “Platform”, “Website”, “App” or “Apps”), you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Agreement”).
Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Using Greetly or communicating with Greetly through www.MyGreetly.com or via e-mail constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Greetly offers a communications service. Users can send and receive text (SMS), email, and voice communications (“Content” or “Messages”) which may be stored by Greetly or our third-party providers. By entering host employees and their contact information into Greetly, you certify their intent to register to receive voice and text messages from Greetly, thus making us compliant with the Telephone Consumer Protection Act. You also take responsibility for any text messaging and data fees your cell phone carrier or other service provider might charge in association with messaging from Greetly.
If you are entering into this agreement on behalf of a legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access our services through your account to these terms and conditions, in which case the terms “You” or “Your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the Services.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Greetly is not responsible for third party access to your account that results from theft or misappropriation of your account. Greetly and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Payment, Downgrading, and Cancellation/Refund Policy
All services require a valid credit card upon registration. Some accounts are subject to a free trial period. Clients will not be billed during the free trial period. Following any free trial period, Services are billed in advance on a monthly basis. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment on all such taxes, levies or duties.
You are solely responsible for properly cancelling your account. You can cancel your Account at any time by sending an email to firstname.lastname@example.org with the subject line “Account Cancellation” from the email address of an account administrator and returning any equipment, if applicable. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be restored in the future if you choose to re-register for the Service. If you cancel the Service before the end of a paid month, your cancellation will take effect immediately and You will not be charged again.
Greetly, at its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Greetly service, for any reason at any time. Such termination of the Service will result in the deactivation and/or deletion of your Account and/or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Greetly reserves the right to refuse service to anyone for any reason at any time. Greetly shall not be liable to you or to any third party due to your Account being cancelled or terminated, including Accounts terminated by Greetly due to violation of the Agreement. For any upgrade or downgrade changes made to your account, your credit card will automatically be charged the new rate on your next billing cycle. Upgrading or downgrading your Service may cause the loss of content, features or capacity of your Account. Greetly does not accept any liability for such losses.
No Unlawful or Prohibited Use/Intellectual Property
All Content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used by Greetly, is the property of Greetly or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Greetly Content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will make no other use of the Content without the express written permission of Greetly and the copyright owner. You agree that you do not acquire any ownership rights in any Content. We do not grant you any licenses, express or implied, to the intellectual property of Greetly or our licensors except as expressly authorized by these Terms.
Greetly continuously makes changes to the Platform in order to provide the best possible Service for its users. You accept and agree that the form and nature of the Services which Greetly provides may change without prior notice. Continued use of the Platform after any such changes shall constitute your consent to such changes. As part of this constant innovation Greetly may stop providing the Services (or any features within the Services) to you or to users at Greetly’s sole discretion, without prior notice to you. You may stop using the Services at any time. In order to access certain Services or use them on an ongoing basis, you may be required to provide information about yourself and any affiliated entity as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to Greetly will always be accurate, correct and up to date. Failure to provide the correct information may result in account deactivation.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Greetly, unless you have been specifically allowed to do so in a separate agreement with Greetly. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of any scripts, web crawlers, spiders, robots, site/search retrieval application, especially for the creation of user accounts.
There are currently no limits to the number of Messages transacted through the Service or in the amount of storage space used for the provision of any Service. You accept and agree that limits may be set at any time, at Greetly’s sole discretion.
You understand that MMA, and CTIA policy and laws around spam that will be strictly enforced. You agree to never impersonate any person or entity or misrepresent in any way your affiliation with a person or entity. You agree that you will not engage in any activity that interferes with, disrupts, damages, impairs, or disables the Services (or the servers and networks which are connected to the Services).
Messages shall be deemed to have been delivered when Greetly delivers the messages to the immediate destination, including mobile telephone networks, or any other intermediary server/API that is designated as the point of delivery for the message. Greetly does not guarantee delivery on behalf of mobile carriers. Although Greetly provides extensive text messaging coverage including all major U.S. mobile carriers, Greetly makes no guarantees to its network coverage.
You understand that Greetly uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that the technical processing and transmission of the Service, including your Content, 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. You understand that Greetly’s Service acts only as a Platform for users to send communications to a contact(s) phone, mobile phone, and/or email server and that Greetly does not itself verify the content of messages sent by users or messages received by users. Greetly cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of any communication sent or received by any user.
Unless you have been specifically permitted to do so in a separate agreement with Greetly, you agree that you will not modify, adapt, reverse engineer, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Greetly does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
GREETLY, LLC AND/OR ITS SUPPLIER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. GREETLY, LCC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINES, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANT OR CONDITION OF ANY KIND. GREETLY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You shall defend Greetly against any claim, demand, suit or proceedings made or brought against Greetly by a third partying alleging that Your Content or Your use of the Service in violation of this Agreement, infringes or violates applicable law, and shall indemnify Greetly of any damages finally awarded against, and for the reasonable attorney’s fees incurred by, Greetly in connection with any such claim, demand, suit or proceeding; provided, that Greetly (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Greetly of all liability); and (c) provide to You all reasonable assistance, at Your expense.
Greetly reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof at any time, without notice. By way of example, and not as a limitation, violation of any of these terms may result in the termination of your account: you are not of legal age to form a contract with Greetly, or you are a person or entity barred from receiving Services under the laws of the United States or other countries including the country in which you will use the Services; accounts registered by “bots” or other automated methods; use of verbal, physical, written or other abuse (including threats of abuse or retribution) of any Greetly customer, employee, member, or user; using the Service for any illegal or unauthorized purpose; in using the Service, violate any laws in the United States and/or your jurisdiction, including but not limited to copyright or trademark laws.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of the courts in Colorado in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Greetly as a result of this agreement or use of the Service. Greetly’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Greetly’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provide to or gathered by Greetly with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warrant disclaimers and liability limitations set forth above, then the invalidate or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire Agreement between the user and Greetly with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Greetly with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents or records originally generated and maintained in printed form. It is the express with to the parties that the agreement and all related documents be written in English.
Greetly welcomes your feedback. Please contact us by email at Welcome@MyGreetly.com or by snail mail at Greetly, 320 W Ohio St #3w, Chicago, IL 60654.
Effective as of July 1, 2017.