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1OVERVIEW
2DEFINITIONS
3ACCESSING THE FEATURE
4PLAN
5CAMPAIGNS FEATURE USE
6ANTI-SPAM POLICY
7EMAIL OPT-OUT REQUIREMENTS
8NO MISLEADING INFORMATION
9ACCOUNT ABUSE
10ACCOUNT REVIEW PROCESS
11CANCELING THE FEATURE

Campaigns Feature

Supplemental Terms

The terms set forth herein (“Supplemental Terms”) are subject to the Pipedrive Terms of Service set forth at https://www.pipedrive.com/en/terms-of-service and govern the use by Client of the Feature set forth below. When the Feature is used by a Client, these Supplemental Terms form a legally binding contract between Client and Pipedrive. Unless set forth herein, defined terms are as set forth in the Terms of Service. In the event of a conflict between these Supplemental Terms and the Terms of Service, these Supplemental Terms shall govern.

FEATURE: Campaigns

1. OVERVIEW

The Campaigns Feature allows Clients to create and send bulk marketing email campaigns with Pipedrive’s drag-and-drop email editor and also review engagement reports. The Campaigns Feature is available to use on the Pipedrive’s web application only.

2. DEFINITIONS

“Account Review Process” means the process whereby Pipedrive has the right to review the Client's Account and its compliance with these Supplemental Terms, or the Terms of Service. As part of this process, Client will be issued an account review form to complete. Upon submission of the form, Pipedrive’s compliance team will review and respond to the Client’s Account Review request as soon as possible. Pipedrive may require additional information from the Client in order to make a decision which may be delayed until such additional information is provided.

“Billing Cycle” means the length of time (annual or monthly) between the last statement closing date and the subsequent statement closing date for any Fees due.

“Consent” means express, verifiable approval from a recipient to receive marketing communication.

“Subscribed Contacts” means the number of contacts in an Account with the marketing status set as “subscribed” and who have opted in for marketing or for whom another means of Consent has been collected by Client.

“Subscriber Limit” means the number of Subscribed Contacts that a Client can have in a given month based on their Plan Term.

“User Management” means a group of settings that controls User access to different features and permissions within the Feature. If a User has authorization to access User Management then he/she can control other User’s access to the Feature and Client Data access.

3. ACCESSING THE FEATURE

By default, all Users of an Account who have an active Free Trial or Plan to the Campaigns Feature can use it. Client will have the ability to amend Users access via User Management.

4. PLAN

Client may request to purchase a Plan for the Feature, which may be subject to the Account Review Process prior to Client being permitted to use the Feature. Upon signing up for the Free Trial, Client can select the Feature Plan which they want to subscribe to on the Feature management page. Client’s ability to subscribe to a higher Plan or use the Feature after the Free Trial is subject to a successful outcome of the Account Review Process.

Clients may change their current Plan under the following conditions:

  1. Upgrading Campaigns Plan - an upgrade can be undertaken at any time subject to the Account Review Process. However if undertaken before the end of a Billing Cycle, the Subscriber Limit will be increased immediately, and the Subscriber Limit and Plan 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 subsequent Billing Cycle, Client will receive full allocation of Subscriber Limit for the new Feature Plan Term and new Plan Fees will be due.
  2. Downgrading Campaigns Plan - a downgrade can be undertaken at any time. However, if undertaken before the end of a Billing Cycle, changes in Subscriber Limit and Feature Plan Fees will only be applicable on commencement of the next Billing Cycle. The 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 Plan.

Upgrades and downgrades of a Client’s Plan may not be undertaken during a period where a Client’s Account may be suspended.

5. CAMPAIGNS FEATURE USE

Client will always comply with the limits applicable to its selected Plan for use of the Campaigns Feature. In addition, and without limiting the other requirements in these Supplemental Terms, Client may not (directly or indirectly), and as solely determined by Pipedrive, 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 resells or requests to purchase customer data;

  • 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 or 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 legal guardian’s Consent in the 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; or

  • 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.

It is also the Client’s sole responsibility to ensure that its use of the Campaigns Feature is in strict compliance with its email service provider’s terms of use. Pipedrive reserves the right to prohibit the use of the Campaigns Feature by any person, User, or entity if Pipedrive believes, in its sole discretion, that such use may violate any federal, state, or local, law, rule, or regulation.

6. ANTI-SPAM POLICY

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 considered “spam” when: (a) they violate the CAN-SPAM Act, or (b) the data processed for purposes of sending that email is in scope of the General Data Protection Regulation, 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 email lists, and (b) email lists that are likely to result in an excessive number of “unsubscribe” requests, or “spam” complaints or notices, as determined by acceptable industry practices.

Pipedrive follows a zero-tolerance spam policy and prohibits Clients or its Users from sending unsolicited commercial emails in any form while using the Campaigns Feature. This means that any suspected spamming by a User may result in an Account being suspended, which will put immediate restrictions on the Client's Account, until the Client can provide satisfactory evidence that the necessary Consent was obtained from an individual who received an email.

7. EMAIL OPT-OUT REQUIREMENTS

Client warrants that they have obtained the necessary Consents 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 Client’s 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. Pipedrive 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.

8. NO MISLEADING INFORMATION

Client must ensure that every email sent via the Campaigns Feature:

  1. includes its true and accurate postal address, in each email footer;
  2. that it does not contain false, or misleading information in the subject line or otherwise contain false or misleading content; and

  3. does not use Pipedrive trademarks or logos or the intellectual property of any third party without their permission.

Client is required to maintain and promptly update this information to ensure it is current, complete, and accurate. Pipedrive has the right to actively monitor all outgoing messages to verify that proper sender’s information, as set forth herein, is included in the message content.

9. ACCOUNT ABUSE

Pipedrive reserves the right to monitor Client’s use of the Campaigns 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, Pipedrive may put an Account into the Account Review Process. Pipedrive reserves the right to review any message sent by Client and to approve, or reject sending of such messages.

If Pipedrive, in its sole discretion, determines Client usage of the Campaigns Feature to be: (a) outside of the permitted and intended use as outlined herein, (b) beyond any bandwidth usage of the Feature, or (c) significantly excessive usage of the Campaigns Feature in relation to other Users, as solely determined by Pipedrive, Pipedrive reserves the right to suspend Client’s Account, (or part thereof) until Client assures Pipedrive that Client shall refrain from further abuse of the Feature. In addition, Pipedrive may automatically suspend any Client Account without notice, in the event Pipedrive makes a determination on 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 Supplemental Terms.

10. ACCOUNT REVIEW PROCESS

A Client’s Account may be put into an Account Review Process at various stages as outlined below:

  1. Free Trial - Client Account activity will be reviewed by Pipedrive prior to permission of a Client to purchase a Plan for the Campaigns Feature. Once a Client demonstrates its intention to purchase a Plan, either party may proactively initiate the Account Review Process, prior to the completion of the Client’s Free Trial.
  2. Suspicious Behavior - If there is suspicious behavior related to User activity on the Account, as solely determined by Pipedrive, an Account Review Process may be triggered.

  3. Plan Upgrade - If, at any stage, a Client upgrades their Plan in an amount higher than the previous Plan, an Account Review Process may be undertaken by Pipedrive.

11. CANCELING THE FEATURE

Client may cancel their subscription to the Campaigns Feature at any time, which may result in immediate loss of access to the Feature without any refund of any prepaid Fees.