Last Updated May 18, 2018
We, the team of Thrive for Email GmbH, FN 476962s, Kornstraße 7A, 4060 Leonding, Austria (“Company”), email: firstname.lastname@example.org (“Email Address”) are happy that you are interested in our product, the Thrive for Email Software (the “Product”). In order to use the Product, we would like to inform you about and agree with you on certain topics. We are also very concerned about protecting your data.
Please read the following T&C carefully before you use the Product.
1.1 Definitions. In these T&C, except where a different interpretation is necessary in the context, capitalized terms shall have the meaning assigned to them expressly in the T&C.
1.3. Validity of the T&C. These T&C shall apply to any use of the Product. These T&C shall be valid in the current version as of May 1, 2018, until cancelled or revised.
1.4. Costs. We offer the Product under three different plans, including a free version. Further information on the different plans can be found on www.thrive.email/plans.
1.5. Permission. If you register for the Product, you declare to have the necessary corporate authority to connect your Salesforce organization, email and calendar to us.
2. Registration, Consent, and Termination
2.1. Requirement of Registration. In order to use the Product, a one-time registration according to the provisions of this section (the “Registration”, a user then a “Registered User”) is required.
2.2. Registration Options and Consent.
2.2.1. You can choose between free and paid subscriptions. Details on our offers can be found on our website.
2.3. Registration Procedure. After providing us with your basic contact details, we will redirect you to your respective provider in order to connect Thrive for Email with certain services, e.g. your Salesforce organization or email account.
2.4. Rejection of Users. The Company reserves the right to reject users before, during or after the Registration process without giving reasons. In this event, any previously transferred data will be promptly deleted.
2.5. Login. Registered Users can log in via computer or mobile device.
2.6.1. Premium accounts are automatically set back to free accounts if the following payment period passes without a payment being made.
2.6.2 A Registered User is entitled to terminate the use of the Product at anytime by requesting the termination via email to the Email Address.
2.6.3. Unless termination occurs pursuant to 7.1.5 below, no refunds for ongoing payment periods will be granted.
3. Product Use
3.1. Synchronization. After registration, the Product starts processing your email communication as well as calendar events to help you keep your CRM up-to-date. The Product achieves this by syncing information to your CRM in certain situations, for example when you receive or send an email / calendar invite that the Product considers as a communication with a (potential) customer, but also if you specifically request to synchronize certain new contacts not yet saved in your CRM.
3.2. Email Storage. In order to help you secure your team’s client correspondence, we also store emails regarding those clients already in your CRM.
4. Obligations and Sanctions
4.1. Obligations. Every Registered User is obliged
4.1.1. not to copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner; and
4.1.2. to protect his/her registration details and other personal data from unauthorized and fraudulent use by third parties and notify the Company immediately by email to the Email Address in case of any unauthorized or fraudulent use of the Registered User’s account or in case of any reason for suspicion that his/her account may be at risk.
4.2.1. The Company reserves the right to terminate, to temporarily or permanently block, or to delete the Registered User’s account in case of any fraudulent use of his/her account or any other breach of obligations.
4.2.2. The Company will not refund any amounts paid by you before you report an unauthorized or fraudulent use of your account.
5. Representations and Warranties, Limitation of Liability and Indemnification by Users
5.1. Representations and Warranties.
5.1.1. The Company does not represent or warrant that the Product will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
5.1.2. The Company does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
5.1.3. The Registered User uses the Product exclusively at his/her own risk.
5.1.4. Additionally, the Company does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third-party provider, e.g. via linked websites or banners, result in a contractual relationship between such Registered User and the third-party provider only.
5.2. Limitation of Liability.
5.2.1 The Company shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort), only if the Company has caused a certain damage willfully or with gross negligence. In the event of slight negligence, the Company shall not be liable to other businesses and shall be liable to consumers only for personal damages (life, body, or health). The Company shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.
5.2.2. Unless required by statutory law, the Company shall not be liable for damages resulting from the use of online or mobile content made accessible through the Product or other forms of use of the Product. This also applies to damages resulting from errors, problems, viruses, or loss of data.
5.2.3. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other Registered Users. The Registered User acknowledges and accepts that the Company will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
5.3. Indemnification by Users.
5.3.1. The Registered User shall indemnify the Company for all claims arising from an infringement of the declarations made by the Registered User as set forth in these T&C.
5.3.2. The Registered User shall indemnify the Company for all claims raised by third parties. The Registered User shall bear the costs of any legal proceedings, in which the Company may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the Registered User was not at fault in causing such infringement.
5.3.3. In the event that a claim is brought by a third party, the Registered User shall promptly, truthfully and completely make available to the Company all information available to such Registered User, that may be necessary to verify such claim and defend against it. Any additional claims for damages that the Company may be entitled to bring against the Registered User shall not be affected.
6. Special Cancellation Right
6.1. Special Cancellation Right. As long as the Registered User uses the Product for a purpose not related to either commercial or professional freelance activity, the provisions of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, the “KSchG”) and the Act on Distance and Off-Premises Contracts (Fern- und Auswärtsgeschäfte-Gesetz, the “FAGG”) apply to the Registered User as a consumer within the meaning of Section 1 of the KSchG. These rights also include the special cancellation right within 14 days according to Chapter 3 of the FAGG (the “Special Cancellation Right”). In case you switch from a trial version to a paid version of the Product, the Special Cancellation Right will start anew with your registration for the paid version of the Product.
6.2. Exception. As the user contract concluded with the Registration concerns the delivery of digital content not saved on a physical medium and the Company starts delivery before expiration of the special cancellation period, there is an exception to the Special Cancellation Right.
6.3. Requirements. The exception of the Special Cancellation Right requires
6.3.1. explicit consent of the consumer;
6.3.2. the consumer’s information of the loss of his/her Special Cancellation Right; and
6.3.3. a confirmation of the concluded contract on a durable medium.
6.4. Consent. The Registered User hereby explicitly agrees TO THE T&C, noting the loss of his/her Special Cancellation Right, according to Section 18 para. 1 subpara. 11 FAGG. The Registered User will receive a confirmation of the concluded contract to the email address provided by the Registered User.
7. Changes to the T&C
7.1.1. The Company reserves the right to amend these T&C from time to time.
7.1.2. If the Company does not obtain your specific consent to the changes, the Company will inform you of any changes at least four weeks prior to the effective date of the changes via email to the address provided during Registration (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of four weeks.
7.1.3. The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a four-week objection period, (iv) information on the consequences of omitting an objection.
7.1.4. If you do not object to the changes, the updated T&C will be deemed accepted.
7.1.5. In the event that you object to the changes, the Company is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for the Company.
7.2. Valid Version. These T&C are available on https://www.thrive.email/tos in their current version.
8.1. Severability. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
8.2. Governing Law. These T&C and all contractual relations and litigation between the Registered Users and the Company shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
8.3. Jurisdiction. Exclusive court of jurisdiction for any legal disputes with regards to these T&C shall be, to the extent legally permissible, the Regional Court Linz, Austria.
8.4. Written Form. Any changes or amendments to these T&C must be made in writing. No ancillary oral arrangements exist.