“Agreement” means these Terms of Service and all materials referred or linked to in these Terms of Service.
"Communication Services" means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Service that enable Customer to communicate with the public at large or with a group.
“Contact Information” means the name, email address, phone number, online user name(s), telephone number, and similar information voluntarily submitted by Customer, as well as navigational data relating to each Customer. Contact Information does not include Sensitive Information. "Customer Data" means all Contact Information and other permitted information submitted by Customer to, or collected by Customer via, the Subscription Service. Customer Data does not include Sensitive Information.
"Customer Materials" means all materials that Customer provides or posts, uploads, inputs or submits for public display through the Subscription Service. Suggestions, feedback and comments relating to the functionality or use of the Subscription Service provided by Customer personnel to Saycle are not Customer Materials. Customer Materials does not include Sensitive Information.
"Customer" means the person or entity using the Subscription Service and identified in the applicable statement or Order Form as the Saycle customer. "Saycle" represents Saycle Ltd. and any entity which directly or indirectly controls, is controlled by, or is under common control with Saycle Ltd. "Saycle Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags incorporated into the Subscription Service by Saycle.
“Order Form” means the Saycle approved form by which Customer agrees to subscribe to the Subscription Service.
“Sensitive Information” means credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers, driver’s license numbers or similar identifiers, racial or ethnic origin, physical or mental health condition or information, or other employment, financial or health information.
“Subscription Service” means the particular edition and elements of Saycle’s applications, tools and platform subscribed to by Customer under an Order Form, and developed, operated, and maintained by Saycle, accessible via https://login.saycle.com or another designated URL, and any ancillary online or offline products and services provided to Customer by Saycle, to which Customer is being granted access pursuant to this Agreement and an Order Form. The Subscription Service includes the Saycle Content, and does not include training services, consulting services, and Third-Party Products.
"Third-Party Products" means professional services, online web-based applications and offline software products that are provided by third parties, interoperate with or are used in connection with the Subscription Service, and are identified as being provided by third parties, including without limitation non-Saycle apps listed on login.saycl.com and non-Saycle services listed on saycle.com.
"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including without limitation Communications Services. "User(s)" means Customer's employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for the benefit of Customer and who have been supplied user identifications and passwords by Customer (or by Saycle’s at Customer’s request).
This is an Agreement for access to and use of the Subscription Service, and Customer is not granted a license to any software by this Agreement. The Subscription Service, including all intellectual property rights therein and derivatives and modifications thereto, belong to and is the property of Saycle or its licensors (if any). The Saycle Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and Customer agrees not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Saycle Content, or the Subscription Service in whole or in part, by any means, except as expressly authorized in writing by Saycle.
Saycle logo and other trademarks and the property of Saycle. The appearance, layout, colour scheme, and design of the [insert signals URL] site are protected trade dress. Customer does not receive any right or license to use the foregoing. Saycle encourages all customers to comment on the Subscription Service, provide suggestions for improving it, and vote on suggestions they like. Customer agrees that all such comments and suggestions shall be non-confidential and that Saycle shall own all necessary rights to use and incorporate them into the Subscription Service, without payment, compensation or condition of any kind.
Saycle may utilize any and all methods, computer software, know-how or techniques developed or used by Saycle while providing the Subscription Service and may incorporate the work product in future releases of any of its software or service. Customer agrees that Saycle retains the right to use, without right of accounting, generalized knowledge, experience, and know-how (including processes, ideas, modifications, suggestions, concepts and techniques) relating to the Subscription Service.
As between the parties, Customer shall own and retain all rights to the Customer Materials, Customer Data and any works specifically created by Saycle for transfer to Customer where a separate written agreement grants ownership of the work to Customer. This Agreement does not grant Saycle any ownership rights to Customer Materials or Customer Data. Customer grants permission to Saycle and its licensors to use the Customer Materials and Customer Data only as necessary to provide the Subscription Service to Customer, and not for any other purpose.
Customer grants Saycle the right to add Customer’s name and company logo to its customer list and website. Except for the foregoing, neither party may use the other party’s name or logo without the other party's prior written consent.
Saycle may monitor use of the Subscription Service by all of its customers and use data related to such use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Subscription Service. Customer agrees that Saycle may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify Customer.
CUSTOMER AGREES NOT TO USE THE SUBSCRIPTIONSERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. SAYCLE DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM CUSTOMER’S USE OF THE SUBSCRIPTION SERVICE TO COLLECT OR MANAGE SENSITIVE INFORMATION.
Third-Party Sites and Products are not under Saycle’s control, and Saycle is not responsible for the contents of any Third-Party Site or Product, including without limitation any link contained in a Third-Party Site, or any changes or updates to a Third-Party Site or Product. Saycle is not responsible for any other form of transmission received from any Third-Party Site. The Third-Party Sites and Products are provided to Customer only as a convenience, and the inclusion of any Third-Party Site or Product does not imply endorsement by Saycle of the Third-Party Site or Product or any association of Saycle with it.
Cookies: When Saycle is deployed within a client’s website, it is automatically understood that they have agreed to a message highlighting that cookies are deployed on any visit made to their site.
Customer will indemnify, defend and hold Saycle harmless, at its expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Saycle (and its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Saycle to the extent that such Action is based upon or arises out of
(a) Customer’s use of the Subscription Service;
(b) Customer’s noncompliance with or breach of this Agreement,
(c) Customer’s use of Third-Party Products, or
(d) The unauthorized use of the Subscription Service by any other person using Customer’s User information.
Saycle shall use commercially reasonable efforts to: notify Customer in writing within thirty (30) days of Saycle’s becoming aware of any such claim; give Customer sole control of the defense or settlement of such a claim (provided that Customer may not settle any such claim unless the settlement unconditionally releases Saycle of all liability); and provide Customer (at Customer’s expense) with any and all information and assistance reasonably requested by Customer to handle the defense or settlement of the claim. Customer shall not accept any settlement that (i) imposes an obligation on Saycle; (ii) requires Saycle to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Saycle without Saycle’s prior written consent.
a) Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUBSCRIPTION SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAYCLE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SUBSCRIPTION SERVICE, AND THE SAYCLE CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAYCLE IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
b) No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
c) Limitation of Liability. EXCEPT FOR CUSTOMER'S LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
d) Third Party Products. SAYCLE DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER. SAYCLE’S LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT AND SAYCLE’S LIABILITY WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR THIRD PARTY CONTENT PROVIDED WITH THE SUBSCRIPTION SERVICE SHALL BE SUBJECT TO THIS SECTION.
e) CUSTOMER UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT.
f) CUSTOMER UNDERSTANDS AND AGREES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, SAYCLE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO CUSTOMER.
Either party may terminate this Agreement at any time without notice by change subscription plan or if terms and conditions above violated. Immediately upon termination or expiration of this Agreement as provided herein, Customer shall cease all use of the Subscription Service and return or destroy all Saycle Content in its possession.
a) Amendment; No Waiver. Saycle may update and change any part or all of this Agreement. If Saycle updates or changes this Agreement, the updated Agreement will be posted at login.saycle.com. The updated Agreement will become effective and binding on the next business day after it is posted. When Saycle changes this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. Saycle encourages Customer to review this Agreement periodically. No delay in exercising any right or remedy will operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be construed as a waiver of any right or remedy on any future occasion.
b) Applicable Law. To the maximum extent permitted by law, this Agreement and all Order Form(s) shall be governed by the laws of the European Community and USA without reference to conflicts of law principles, and both parties hereby consent to the exclusive jurisdiction and venue of courts in UK. in all disputes arising out of or relating to the use of the Subscription Service. Use of the Subscription Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
c) Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid 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 this Agreement shall continue in effect.
d) Notices. If applicable notice shall be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt. To Saycle Ltd., Isle of Wight, Enterprise Court, Ryde Business Park, Ryde IOW PO33 1BD
e) Attention: Customer Services, Customer’s address as provided in Saycle’s account information for Customer. Saycle may give electronic notices specific to Customer by email to appropriate Customer e-mail addresses on record in Saycle’s account information for Customer.
f) Entire Agreement. Unless otherwise expressly stated herein, this Agreement (including each Order Form), along with any Saycle exhibit or addendum hereto, including any Order Form, constitutes the entire agreement between Customer and Saycle with respect to the Subscription Service and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between Customer and Saycle with respect to the subject of this Agreement.
g) Assignment. Customer will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without Saycle’s prior written consent, which will not be unreasonably withheld.
h) Contract for Services. The parties intend this Agreement to be a contract for the provision of services and not a contract for the sale of goods. To the fullest extent permitted by law, the provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If Customer is located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
i) Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Fees and Payments’, ‘Saycle’s Proprietary Rights’, ‘Customer’s Proprietary Rights’, ‘Publicity’, ‘Indemnification’, ‘Disclaimers; Limitations of Liability’, ‘Termination and Expiration’, and ‘General’.
When you sign up to use Saycle, you agree to the terms and conditions described in our Terms and Condition, Anti-spam Policy and Acceptable Use Policy. Please review all of this documentation.
The following Acceptable Use Policy govern all use of the saycle.com website and all content, services and products available at or through the website, including, but not limited to, sending email through the Saycle API (hereafter referred to as the “Services” or the “Service” or the “Agreement”).
If you create an online account on saycle.com, you are responsible for maintaining the security of your account. It is up to you as the account owner to keep your password and account name confidential. You are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You will contact Saycle Support (support.saycle.com) immediately if you suspect a breach of security regarding your account.
Auto-Payments: If you subscribe to any NON-FREE subscription plan, you set up “auto-payment” so you agree that Saycle may charge your valid credit card automatically at the time when the subscription need to be renewed for a set amount you determine when subscribed for a Saycle subscription plan.
Refunds: Any requests for refunds must be in writing by contacting support.saycle.com. All requests for refunds must be within 60 days of the purchase date or they are considered irrefutable. If you break any of the rules, conditions, requirements or laws laid out in the Terms and Conditions, Acceptable User Agreement or Anti-spam Policy you will not qualify for a refund under any circumstances.
You are only allowed to have one main Saycle account. If your account is suspended or disabled, creating another account will automatically result in cancellation. While using email marketing, don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and true and must identify the person or business who initiated the message. We do not recommend sending from generic address such as gmail.com, yahoo.com, hotmail.com etc. We do recommend using your own domain.
You agree to not use deceptive subject lines or re-direct links to sites and pages that are not relevant to your mail.
You agree not to use any content, including graphics that is not either created by you or provided for you to use or would infringe or violate on any other party’s rights.
If you send advertisements, you must identify the message as an ad. You must disclose clearly and conspicuously that your message is an advertisement. Your message must include your valid physical postal address. This can be your current street address, a post office box you have registered with the your Postal Service, or a private mailbox you have registered with a commercial mail receiving agency established under Postal Service regulations. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future.
The Saycle services may only be used for lawful purposes. The Customer agrees to apply all reasonable means to prevent the spam generation and to respect good practices in terms of e-mailing and to comply with Saycle's Anti-Spam Policy.
Spammers are prohibited from using our service. You must have the permission of your recipients to send emails. You must not use purchased email lists. You agree not to use our service to send spam. You also agree not to send any obscene or pornographic images or content.
We have several antispam tools available including abuse reports. We take them very seriously, and will take action to stop the issue quickly. We reserve the right to shut down the customer's account at any time, for any reason. We urge the customers to be familiar with Anti-Spam laws such as
By using Saycle, Customer agrees to the following:
We have several anti-spam tools available including abuse reports. We take them very seriously, and will take action to stop the issue quickly. We reserve the right to shut down the Customer's account at any time without any obligations for refunding, for any reason. We also reserve the right to prevent the delivery of any email that we suspect is spam. We will warn our customers as quickly as possible in this case so that they may take action against further of such messages. We reserve the right to terminate our service with the Customer with or without cause and with or without warning with NO obligations for refunding. If the service is permanently terminated, and upon written request from the Customer within ten days from termination of the Contract, that will serve as a waiver of any claim against Saycle or its officers
Customers subscribe for Saycle subscription plans on monthly basis. Payment for service is required in advance for all plans which require payments.
The tools developed by Saycle and implemented to achieve the contract provisions are the exclusive property of Saycle. The Customer may not use them outside of the execution of this contract without a written agreement from Saycle. The Customer may not create any copy, provide them to any third party or use them for any other application, in whatsoever part of the world the Customer may not reproduce, register or use any part of the Saycle name, nor the names or services of Saycle, nor its logos, copyrights or brands. These same rules apply to the tools and technologies belonging to the third parties and subsidiaries of the Saycle system. The Customer is required to treat these tools and technologies as if belonging to Saycle.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Saycle in any respect whatsoever.
We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Saycle so whether you are new to Saycle or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us.
Information we collect
We collect information to provide better services to all of our users – from figuring out basic stuff like which language you or your website visitors speak, to more complex things like which ads your website visitors or you’ll find most useful. We collect information in the following ways:
A. Information you or your website visitors give us. For example, many of our services require you or your website visitors to fill up a web form. When you or your website visitors do, we’ll ask for personal information, like name, email address, telephone number or credit card to store with your account.
B. Information we get from your or your website visitors use of our services. We collect information about the services that you or your website visitors use and how use them, like visits to your website that uses our services, or view and interact with the web content.
This information includes:
a) Device information - We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Saycle may associate your or your website visitor’s device identifiers or phone number with your Saycle Account or your visitor’s profile.
b) Log information - When you or your website visitors use our services or view content provided by Saycle, we automatically collect and store certain information in server logs.
When you or your website visitors use Saycle services, we may collect and process information about your or your website visitor’s actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Saycle with information on nearby devices, Wi-Fi access points and cell towers.
We may collect and store information (including personal information) locally on your or your website visitor’s device using mechanisms such as browser web storage (including HTML 5) and application data caches.
We and our partners use various technologies to collect and store information when you or your website visitors visit a Saycle enabled service, and this may include using cookies or similar technologies to identify your or your website visitor’s browser or device. We also use these technologies to collect and store information when you or your website visitors interact with services we offer to our partners, such as advertising services or Saycle features that may appear on other sites. Our Saycle Analytics product helps businesses and site owners analyse the traffic to their websites and apps. When used in conjunction with our advertising services, such as those using the DoubleClick cookie, Saycle Analytics information is linked, by the Saycle Analytics customer or by Saycle, using Saycle technology, with information about visits to multiple sites.
Information we collect when you are signed in to Saycle, in addition to information we obtain about you from partners, may be associated with your Saycle Account. When information is associated with your Saycle Account, we treat it as personal information. For more information about how you can access, manage or delete information that is associated with your Saycle Account, visit the Transparency and choice section of this policy.
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect Saycle and our users. We also use this information to offer you better sales intelligence.
We may use the name you provide for your Saycle Profile across all of the services we offer that require a Saycle Account. In addition, we may replace past names associated with your Saycle Account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible Saycle Profile information, such as your name and photo.
If you have a Saycle Account, we may display your Profile name, Profile photo, and actions you take on Saycle or on third-party applications connected to your Saycle Account in our services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Saycle Account.
When you contact Saycle, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, like pixel tags, to improve your website visitor users experience and the overall quality of our services. One of the products we use to do this on our own services is Saycle Analytics.
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:
You or your website visitors may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
We do not share personal information with companies, organizations and individuals outside of Saycle unless one of the following circumstances applies:
We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites.>
We work hard to protect Saycle and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular: