The Campaigns Feature allows companies to create and send bulk marketing email campaigns with our drag and drop email editor and review engagement reports.
“Account Review Process” means the process wherein Supplier has the right to review Client’s Account and its compliance with the Special Terms set forth herein. Client’s ability to send campaigns may be limited until the Account Review Process is complete. As part of this process, Client will be issued an account review form to complete. Upon submission of the form, Supplier’s compliance team will review and respond to the Client’s Account Review request as soon as possible. Supplier may require additional information from the Client in order to make a decision and, in the event the required information is not provided within 21 days, or not satisfactory in the Suppliers discretion, then a request to purchase/ upgrade a Subscription, may be rejected by Supplier.
“Billing Cycle” means the length of time between the last statement closing date and the subsequent statement closing date. The amount of days in a Billing Cycle may fluctuate month to month since the number of days in each month varies.
“Consent” means express, verifiable approval to receive marketing communication.
“Subscribed Contacts” means the number of contacts in a Client Account with marketing status set as subscribed, who have opted in for marketing or for whom another means of Consent have been collected by the Client.
“Subscriber Limit” means the number of Subscribed Contacts that the Client can have in a given month based on their Subscription.
“Subscription” a Client’s monthly or annual purchase of access to a Feature.
“User Management” means a group of settings that controls User access to different Features and permissions within the Services. If a User has an Authorization to access User Management then he/she can control other User’s access to the Services, Features and their data access.
By default, all Users of an Account who have an active Free Trial or Subscription to the Campaigns Feature can use it. Client will have the ability to amend Users access via User Management.
At any stage, Client may request to purchase a Subscription which may be subject to the Account Review Process, prior to being permitted to use the Feature. Client can select the Subscriber Limit which they want to subscribe to on the Subscription management page when starting the Free Trial, but the ability to subscribe to a higher Subscriber Limit or use the Feature after the Free Trial is subject to a successful outcome of the Account Review Process.
Client will comply with the limits that apply to its use of the Campaigns Feature as specified in its selected Subscriber Limit.
In addition, and without limiting the other requirements in these Special Terms, Client may not (directly or indirectly) use the Campaigns Feature with content, or in a manner that:
provides, sells, or offers to sell the following products or content (or services related to the same): pornography, or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; firearms, bombs, grenades, or other weapons;
displays material that exploits children, or otherwise exploits children under 18 years of age;
is deceptive, false, misleading, or fraudulent;
infringes a third party's intellectual property right(s), including distributing any software, music, videos, images, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and Consents to do so;
harvests or otherwise collects information about others, including email addresses, without their Consent and provides, sells, or offers to sell, or rent any mailing list;
offers or promotes lead generation services - which resell customer data, or request to purchase;
provides, sells, or offers products, services, or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, pharmaceutical products, nutritional supplements, herbal supplements, vitamin supplements, weight loss, dating services, horoscopes, numerology, work at home businesses, credit or finance management, mortgage, and debt relief offers;
produces, sells, exchanges, stores, or markets of Cryptocurrencies and Initial Coin Offerings;
provides material that is grossly offensive, vulgar, obscene, indecent or unlawful material, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content;
posts or discloses any personally identifying information or private information about children without their Consent (or their parents Consent in case of a minor);
sells or promotes any products or services that are unlawful in the location at which the content is posted or received;
uploads files that contain viruses, corrupted files, or any other similar software or programs, including viruses, malware, worms, harmful code, and/or Trojan horses, that may damage the operation of another person's computer;
markets or promotes any form of online or offline gambling, including introduction and advertising online trading, day trading tips, penny stock or stock market & business investment-related content;
is for the purposes of affiliate marketing;
promotes, solicits, or participates in pyramid schemes or multi-level marketing (MLM) businesses;
engages in any libelous, defamatory, scandalous, threatening, harassing activity;
posts any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or which provides instruction, information, or assistance in causing or carrying out such violence, including promoting, facilitating, or instructing others to engage in illegal activity;
is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('Directive on Privacy and Electronic Communications'), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient's country of residence.
Client is solely responsible for ensuring that its usage of the Campaigns Feature will be made in strict compliance with all applicable laws and regulations (including but not limited to CAN-SPAM Act of 2003) or any successor legislation and/or other laws and/or regulations that govern online and any electronic mail message.
It is prohibited to use the Campaigns Feature to send spam, which can be in the form of bulk email or one-to-one commercial emails.
Bulk email is considered spam when it is unsolicited - meaning that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantially similar content.
One-to-one commercial emails are spam when;
They violate the CAN-SPAM Act
if the data processed for purposes of sending that email is in scope of the General Data Protection Regulation (‘GDPR’) and Client fails to provide notice to individuals, establish a lawful basis of processing, or have not obtained the necessary Consent from individuals, to receive such communications.
Client is prohibited from using the the Campaigns Feature to email: (a) purchased, rented, scraped, or borrowed lists, and (b) lists that are likely to result in an excessive number of unsubscribe requests, or spam complaints or notices, as determined by acceptable industry practices.
Supplier follows a zero-tolerance spam policy and prohibits Users from sending unsolicited commercial emails in any form while using the Campaigns Feature. This means that any suspected spamming by a User will result in an Account being suspended, which will put immediate restrictions on their Account, until the Client can provide satisfactory evidence that the necessary Consent was obtained from an individual who received an email. Supplier may in its sole discretion terminate the Client’s access to the Feature, in the event that they have not provided this in a reasonable timeframe.
Client warrants, is solely responsible for and confirms that they have obtained the necessary Consent from their contacts to receive marketing communications prior to using the Campaigns Feature. Every email, whether text or HTML, must contain sender information that is not false or misleading and mandatory unsubscribe/opt-out links at the bottom of each message, which automatically updates the status of your subscriber contacts to ensure recipients who have requested to unsubscribe have been recorded accurately. This unsubscribe link cannot be removed. Clients are not allowed to send messages to any individual who has requested to be removed from its subscriber list or has unsubscribed. Supplier reserves the right to monitor Client’s use of the Feature and may request Client to provide satisfactory evidence that the necessary Consent was obtained from the individual who received an email. Supplier may in its sole discretion terminate the Client’s access to the Feature, in the event that they have not provided this in a reasonable timeframe.
Client must ensure that every email sent via the Campaigns Feature:
includes its true and accurate postal address, in each email footer;
that it does not contain false, or misleading information in the subject line or otherwise contain false or misleading content; and
does not use Pipedrive trademarks or logos or the IP of any third party without their permission.
Client is required to maintain and promptly update this data to ensure it is current, complete, and accurate. Supplier has the right to actively monitor all outgoing messages to verify that a proper sender’s information is included in the message content.
Supplier reserves the right to monitor a Client’s use of the Feature including the number of Subscribed Contacts in an Account on a regular basis. In the event that the status of Subscribed Contacts in an Account is amended in bulk, or reaches the Subscriber Limit, the Supplier may put an Account into the Account Review Process. Supplier reserves the right to review any message sent by Client and to approve, or reject sending of such messages.
If Supplier determines Client usage of the Feature to be outside of the permitted and intended use as outlined herein or bandwidth usage of the Feature, or functionality to be significantly excessive in relation to other Users, Supplier reserves the right to suspend Client’s Account, (or part thereof) until Client assures Supplier that Client shall refrain from further abuse of the Feature. In addition the Supplier may automatically suspend any Client Account without notice, in the event Supplier determines Client’s use, or attempted use, of phishing websites.
In order to protect the integrity of the Pipedrive Service, Client will ensure that email marketing best practices are maintained and that the Feature is being used in accordance with these Special Terms. A Client’s Account may be put into an Account Review Process at various stages as outlined below;
Clients may change their current Subscription under the following conditions:
Can be undertaken at any time subject to the Account Review Process. However if undertaken before the end of a Billing Cycle:
Subscriber Limit will be increased immediately, and
Subscriber Limit and Subscription Fee will be prorated for the remainder of the current Billing Cycle (the difference between the current plan and the new plan)
On commencement of the next Billing Cycle, Client will receive full allocation of Subscriber Limit for new Subscription and full Subscription Fees will be due.
Can be undertaken at any time. However if undertaken before the end of a Billing Cycle, changes in Subscriber Limit and Subscription Fees will only be applicable on commencement of the next Billing Cycle. Subscriber Limit to which Client can downgrade is limited by the number of Subscribed Contacts. Client must ensure that they remove any excess Subscribed Contacts in the event that they want to downgrade their subscription.
Upgrades and downgrades of a Client’s Subscription may not be undertaken during a period where a Client’s Account may be suspended.
All Fees are non-refundable. In the event that Pipedrive suspends a Client’s access to the Feature at any stage for suspected abuse or breach of these terms, no refund or reimbursement will be provided.