Terms of Service for LeadJabber

1. DEFINITIONS AND GENERAL TERMS

1. In this agreement, LeadJabber AS, org no 998 390 982 is the supplier of the service.
   
2. A natural or legal person who signs a license agreement with LeadJabber AS is referred to in the terms of the agreement as the customer.
   
3. The contract period is the period during which the customer subscribes to software from LeadJabber AS.
   
4. The service is the software to which the customer subscribes.

2. ENTERING INTO AGREEMENT

1. The agreement is considered concluded when the license agreement and terms of agreement are signed by the customer by hand or electronically.
2. The delivery is completed and delivered when the customer has received login information for the service and paid.
3. The customer agrees with which services are included in each individual subscription when entering into this agreement by viewing our descriptions on www.leadjabber.com.
4. The customer subscribes to the service of the supplier during the agreement period and the service is LeadJabber AS’s property throughout the agreement period. The customer, on the other hand, has ownership rights to all customer data, communication made through the service via e-mail or other responders and all contacts.
5. The customer does not have the right to transport the license agreement with associated attachments to another legal entity without the consent of LeadJabber AS.

3. TERMS OF USE OF THE SERVICE

1. The customer acknowledges and agrees that the service may occasionally send you communications about your account or service via email.
2. Accounts, Passwords and Security. The customer must be a registered user to access the service. The customer is responsible for keeping their username and password safe. You are fully responsible for activity that occurs under your username/account. The LeadJabber software has two-factor authentication and recommends everyone to use this.

Appropriate use of e-mail and SMS.

In the case of B2C mailings, you must have the correct consent/obtained consent when these are used for mailing with our service. Our customers are responsible for familiarizing themselves with the applicable legislation for the countries they operate in. It is absolutely never acceptable or permitted to use a list that has been purchased, rented or from a third party.

In the case of B2B mailings, you as a customer and user of the LeadJabber software are responsible for familiarizing yourself with the applicable legislation for the country or countries you are sending in. For example, in Norway you are responsible for familiarizing yourself with GDPR and §15 of the Marketing Act before sending B2B emails and/or SMS.

3. Appropriate Content. LeadJabber AS only allows sending relevant content in the service. By relevant content is meant content that has been requested or desired by the customer’s subscribers and/or recipients and that it corresponds to the CAN-SPAM Act. The customer cannot send pornography, affiliate marketing, pyramid schemes, escort services, gambling or offer other illegal goods and services. The customer can only send content using the service if the content has been created by the customer or the customer has received content they have the right to use.
4. Affiliate Marketing and Affiliate Links. Affiliate Marketing and Affiliate Links are two different things. Affiliate Marketing is prohibited on the Service, but Affiliate Links are OK in most cases. Below is a definition.

Affiliate Marketing (Prohibited) – is a type of business where you earn a commission by promoting other company’s products. We do not allow this activity, because there is no direct relationship between the customer and its subscribers. Customer is not allowed to send unrelated offers to subscribers or pretend to be another brand or company.

Affiliate Linker (Allowed) – is a way to recommend your product or service to subscribers in your campaigns. Advertising for another company (Affiliate Link) can only appear during your branding and is clearly displayed as a special offer from another company. Furthermore, the offer must be related to your content and meet the subscriber’s expectations. The customer is not allowed to send e-mails with links to content that is prohibited in our terms of use. Campaigns with blacklisted links are automatically stopped and we may be forced to close your account permanently.

Affiliate Marketing (Prohibited) – is a type of business where you earn a commission by promoting other company’s products. We do not allow this activity, because there is no direct relationship between the customer and its subscribers. Customer is not allowed to send unrelated offers to subscribers or pretend to be another brand or company.

Affiliate Linker (Allowed) – is a way to recommend your product or service to subscribers in your campaigns. Advertising for another company (Affiliate Link) can only appear during your branding and is clearly displayed as a special offer from another company. Furthermore, the offer must be related to your content and meet the subscriber’s expectations. The customer is not allowed to send e-mails with links to content that is prohibited in our terms of use. Campaigns with blacklisted links are automatically stopped and we may be forced to close your account permanently.

5. Misuse using multiple accounts. Creating multiple accounts with overlapping use (for example using the same content, same links, etc) or to avoid permanent ban from the service is strictly prohibited.
6. Limitation of liability. The Service and LeadJabber AS are under no circumstances liable for any indirect, special, incidental or consequential damages (including, but not limited to, loss of use, loss of profit or loss of data), either in an action in contract, equity or otherwise manner, resulting from or in any way related to the use of or inability to use the Software, the Website or the materials therein or as a result of unauthorized access to or alteration of data.
7. The customer is not allowed to use the tracking / campaign preview links when sending emails with services other than ours. Repeated reports of this may lead to account suspension.
8. Intellectual property. The customer accepts LeadJabber AS’s proprietary rights in the software and website used to deliver the service (property rights include, but are not limited to, patents, trademarks, service marks, trade secrets, copyright and other intellectual property rights). LeadJabber AS does not claim any intellectual property rights over the material the customer creates and uses in the service.
9. Email-format. The sender of content (Customer) must be clearly recognisable. Every email sent should contain an easily noticeable ‘who is this from’. When you send an email, it should either be in the text or via a direct link. The «Who is this from» section must contain the following information: Name and e-mail address of the sender, in addition to the name and address of the company/entity, authorized representative and the Trade Register, Association Register, Partnership Register or Association Register with which they are registered, or the registration number that becomes used in your country. As an example, in Norway it will be important to include the name and valid sender e-mail, company name, org. number and address.

Contact information, at least a valid telephone number or an electronic contact form, as well as a visible e-mail address.

If you send newsletters/advertisements, each and every e-mail must contain an option to withdraw consent to send further emails. Unsubscribing must be possible for the recipient to use without having to know where to log in, as well as username/password. Exceptions may be permitted in certain cases, such as an agreement between your company and customer. The system handles cancellations automatically. Contact is added to an unsubscribed list and can no longer receive emails.

Sometimes you receive replies where the contact asks you to delete them or an invitation not to receive any more emails. Such requests must be processed quickly. Deleting or adding a contact to Unsubscribe is a simple action in the system.

It is not a requirement in the GDPR to have an unsubscribe in emails aimed at B2B, but it is nevertheless a default solution in the system. A contact who does not wish to receive inquiries must be able to unsubscribe easily.

Neither the sender nor the commercial nature of the message may be obscured or obscured in the header or subject heading of the email. By the term hidden we mean when the header and subject header are composed in such a way that the recipient cannot see or only sees misleading information about the actual identity of the sender or the commercial content of the message before the message is opened and read.

The sender must remove email addresses from the address list after three «hard bounces». A «hard bounce» indicates a permanent reason why an email cannot be delivered. This is done automatically in the system.

The customer must provide a contact person (name/telephone number/e-mail address) for complaints. Response time for complaints must not exceed 48 hours on working days.

When newsletters/advertising emails are sent where contacts/e-mail addresses have been purchased/acquired from third parties, the sender or his customer is obliged to ensure that, before sending, only recipients who have given consent in accordance with these criteria , email is sent; a consent that refers not only to mailings sent by a third party, but also to the sender himself or the sender’s customer.

4. LEADJABBER AS DUTIES AND RIGHTS

1. LeadJabber AS reserves the right to make changes that improve the service, without informing the customer of this.
2. LeadJabber AS undertakes to notify any price increases to the customer no later than 1 month before the change takes effect. Price increases can only be made once per calendar year.
3. LeadJabber AS undertakes not to provide extraneous information about the customer that LeadJabber AS receives in connection with signing the agreement.
4. Force Majeure: LeadJabber AS cannot be held responsible for changes caused by circumstances beyond LeadJabber AS’s control, such as pandemic, strike, lockout, war and other circumstances, political and public regulations.
5. All written communications from LeadJabber AS to the customer can be made via email. This includes, among other things, information about price changes and product changes, invoices as well as any reminders and debt collection notices. The customer is responsible for ensuring that the correct email address is made known to LeadJabber AS at all times.
6. LeadJabber AS can, but has no obligation to, remove accounts and content that contain what LeadJabber AS determines to be illegal, offensive, threatening, defamatory, obscene or otherwise objectionable material. LeadJabber AS will remove content that violates the party’s intellectual property rights or these terms.

5. PAYMENT TERMS AND DURATION

1. The customer pays the currently applicable prices for the service(s) listed in the license agreement and which LeadJabber AS offers. The monthly price per subscription and any additional services appear in the license agreement.
2. The customer pays the currently applicable prices for the service(s) listed in the license agreement and which LeadJabber AS offers. The monthly price per subscription and any additional services appear in the license agreement.
3. LeadJabber AS is only required to provide a refund in cases where LeadJabber AS terminates the service the customer subscribes to without reason, before the subscription has expired. LeadJabber AS reserves such a right to terminate the service and this contract without reason and at any time, if the customer receives a refund for the period they have not been allowed to use the service and for which they have been paid. There are no other circumstances in which the customer is entitled to a refund from LeadJabber AS. LeadJabber AS does not issue refunds if the account is suspended due to a violation of our Anti-Spam Policy or terms of use. LeadJabber AS does not refund if it turns out that the customer sends (or will send) content without permission from the subscribers or content that is not accepted in this contract (cf. section 3.4).

6. DISPUTES

1. In the event of a dispute between the customer and LeadJabber AS, matters regulated in this agreement can be brought before Norwegian law.
2. Any liability for damages that the customer claims against LeadJabber AS is always limited to the contract value.
3. Such a complaint must be submitted no later than one month after the relationship became known to the customer or LeadJabber AS, or no later than one month after dialogue via e-mail/meetings has demonstrated that there is a disagreement.

Last updated: 18.04.2024