Please read these Terms carefully. By signing up for Salesmanna, you’re agreeing to these Terms. This is a legal agreement.
Software is a marketing automation & CRM software that allows you to make, send, manage and analyze email campaigns to a list or a single recipient. Salesmanna is owned by Merit Technologies, a Greenville, SC based IT/Managed Services Company. As a customer of the software or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”). Terms define the terms and conditions under which you’re allowed to use Salesmanna. If you have any questions please contact us.
Account
In order to use Salesmanna, you must:
1. Be at least eighteen (18) years old and able to enter into contracts
2. Agree to the Terms
3. Provide true, complete, and up to date contact information
By using Salesmanna, you represent and warrant that you meet all the requirements listed above, and that you won’t use Salesmanna in a way that violates any laws or regulations. Salesmanna may refuse service, close accounts of any users, and change eligibility requirements at any time.
This license limits you to 50,000 contact records. Should you need more, please email support@salesmanna.com for additional pricing.
The Term begins when you sign up for Salesmanna and continues as long as you use the Software. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Salesmanna on behalf of a company or other entity, you agree that you bear the authority to accept these Terms on their behalf.
Closing your Account
You or Salesmanna may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you as necessary. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. The new Terms will be effective immediately and apply to any continued or new use of Salesmanna. We may change the Website, the Service, or any features of the Service at any time.
Losses
You are responsible for keeping your account name and password confidential. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security. Salesmanna will not arbitrate any disputes over who owns or manages an account.
Payment
We have made our monthly payment requirements and expectations as clear as possible. The cost for each software package is posted on our website and may be changed at any time with no notice. Payment is due in full when you first sign up for any software package, and again at a monthly rate. If you need to upgrade to a different level of use at any time please let us know and the adjustments to your account can be made. Failure to pay the monthly fee (or the inability to process your credit card order) will result in a suspension of your account until further notice. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Refunds
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. At that point you will not be entitled to a refund from us under any other circumstances. Contact us if you believe you deserve a refund.
Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material in the email campaigns you send to your subscribers. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.
Internal Review
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs that help us spot problem accounts. We may use these programs to make sure no users violate these Terms or laws.
General Abuse Rules
You promise to follow these rules:
1. You won’t send Spam. By “spam,” we mean the definition on the Spamhaus website.
2. You won’t use purchased, rented, or third-party lists of email addresses.
3. You won’t violate our Acceptable Use Policy.
If you violate any of these rules, then we may suspend or terminate your account.
Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Salesmanna user, we want to know. Please report it to info@salesmanna.com. If you think anyone has posted material that violates any copyrights, please notify us.
Compliance with Laws
You represent and warrant that your use of Salesmanna will comply with all applicable laws and regulations. You’re responsible for determining whether our services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our service doesn't meet those requirements.
Salesmanna software is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
Salesmanna provides material on our website (Salesmanna.com) and the software (app.salesmanna.com) as is. No warranties of any kind- neither express nor implied.
Salesmanna and Merit Technologies will not be held responsible for any losses, including attorney fees, which result from claims you make that aren’t allowed under these terms. Salesmanna and Merit Technologies will not be held responsible for any losses that result from third-party claims of your password violation. You or the company you represent are held responsible for keeping your password secure, for any violations made from your account, and from any laws that may be violated through your account.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages. You are responsible for all damages in such case.
Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We here at Salesmanna or Merit Technologies aren’t responsible for the behavior of any advertisers, websites, or other users of our software.