This Website collects some Personal Data from its Users.
Personal Data: Cookies; Usage Data
Personal Data: email address; first name; profession
Personal Data: email address; first name
Personal Data: various types of Data
Personal Data: Calendar permission
Personal Data: Cookies; Usage Data
Personal Data: Usage Data
Personal Data: Cookies; email address; first name; Usage Data
Personal Data: Cookies; Usage Data
Personal Data: Usage Data
Personal Data: Cookies; email address; first name; Usage Data
Personal Data: Cookies; email address
I. Personally-Identifiable Information and Non-Personally Identifiable Information.
Etison, LLC (also referred to herein as “ClickFunnels”) may collect two different types of information, Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII is information that identifies you as an individual – for example, your name, address, telephone number, e-mail address, credit card information, billing address and shipping information. Non-PII is aggregated information, demographic information, IP addresses, user behavior data from web interaction metrics tools and other information that does not reveal your specific identity. PII and Non-PII may be collected anytime you access or use a ClickFunnels website. PII and Non-PII may also be collected by ClickFunnels during in-person discussions, telephone conversations, and electronic or other written communications. ClickFunnels also collects information via cookies; blocking cookies may render you unable to access certain ClickFunnels products, services, or websites.
ClickFunnels uses PII to respond to your inquiries, provide you with services you have requested, keep you informed of services ClickFunnels thinks may be of interest to you, and otherwise personalize your experience with ClickFunnels, and other reasons. ClickFunnels does not sell or lease PII about you to others. ClickFunnels may share PII with ClickFunnels affiliates and third parties contracting with ClickFunnels to provide services to you, e.g., financial institutions. ClickFunnels may also share PII when required by law, or when you have expressly requested ClickFunnels to do so. ClickFunnels reserves the right to disclose and use your PII if ClickFunnels believes it is necessary to: (a) respond to legal process, e.g., a subpoena; (b) respond to a law enforcement agency’s request; (c) enforce the Terms; or (d) protect the rights, privacy, safety, property, or operations of ClickFunnels or third parties;
Because Non-PII does not personally identify You, ClickFunnels reserves the right to use and disclose to third parties Non-PII for any purpose.
ClickFunnels reserves the right to change this privacy notice, which changes will become effective upon posting of the revised notice https://www.clickfunnels.com/privacy, or upon emailing of the changes to You at the email address You provided to ClickFunnels, or as required by law.
II. Links to or From Other Sites.
Except where expressly stated by ClickFunnels, ClickFunnels is not affiliated or associated with operators of any third party websites that link to or are linked from any ClickFunnels-maintained website. ClickFunnels disclaims any responsibility for the accuracy or content of information found on third party websites that link to or are linked from any ClickFunnels website. ClickFunnels disclaims any responsibility for the security of any information (including without limitation credit card and personally identifiable information (“PII”)) that you may provide to any third party. ClickFunnels reserves the right, at any time and in its sole and absolute discretion, to block links to any ClickFunnels-maintained website through technological or other means without prior notice.
III. Information; Registration; User Names and Passwords
As a ClickFunnels website user, You will be required to create an account with ClickFunnels. You warrant that the information you provide ClickFunnels is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your ClickFunnels account, and you agree not to transfer your password or User name, or lend or otherwise transfer your use of or access to your account, to any third party. You are fully responsible for all transactions with, and information conveyed to, ClickFunnels under your account. You agree to immediately notify ClickFunnels of any unauthorized use of your password or User name or any other breach of security related to your account. You agree that ClickFunnels is not liable, and you will hold ClickFunnels harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
IV. Release/Authorization to Use Photographs.
You grant ClickFunnels permission to use any and all photographs, or video or audio or digital recordings, taken by ClickFunnels or its agents or employees, or submitted by You to ClickFunnels (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of ClickFunnels or any product or service sold and marketed by ClickFunnels. You agree that this authorization to use Photographs may be assigned by ClickFunnels to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in ClickFunnels’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against ClickFunnels in exchange for this Release and Assignment. You hereby release and forever discharge ClickFunnels from any and all liability and from any damages you may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon your heirs and assigns. You agree that this Release is irrevocable.
Last Updated: May 22nd, 2018
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, interact with message board, apply for a job, request customer support, use our platform or otherwise communicate with us. The types of information we may collect include your Personal Information and any other information you choose to provide. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services.
When we say “Personal Information” we mean any information that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information and log information (as described below). Any information that does not, on its own, identify an individual person is considered and treated as non-personal information. When non-personal information is combined with other information so that it does or can be used to identify an individual, this information is treated as Personal Information.
Information About Your Use of the Services
We collect information about your use of the Services, such as the ways in which you use our platform, the way you respond to us when we send you emails or communications or your preferences when you interact with our Services.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about you, including:
Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Integrations with Other Services
You may have the option of integrating our Services with other services, technologies or platforms on your desktop, permitted websites and/or your mobile phone. For example, we may offer you widgets that have countdowns to various launches. These integrations may require you to input Personal Information or access or use Personal Information. These integrations may (i) check for updates automatically and transmit your information to their server and/or engine; (ii) send information entered into or accessed by the technology to its server and/or engine and (iii) be visible to the public if embedded on publicly available webpages (such as social networking webpages), depending on the policies of that website.
Connecting Your Email Account
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to social media sites, credit bureaus, data enrichment providers and publicly available sources.
Use of Information
We use the information we collect to provide, maintain and improve our Services, such as to administer your account and to provide you with insights to help you optimize your use of our platform.
We may also use the information we collect to:
Provide, maintain, customize and improve our Services;
Provide and deliver the products and services you request, process transactions and send you transaction-related information, including confirmations and invoices,
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments, questions and requests and provide customer service;
Communicate with you about products, services, offers, promotions, rewards and events offered by ActiveCampaign and others, and provide news and information we think will be of interest to you;
Monitor and analyze trends, usage and activities in connection with our Services;
Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of ActiveCampaign and others;
Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; and
Carry out any other purpose described to you when your information was collected.
Sharing of Information
We often need to engage third-party companies and individuals (such as payment processors, research companies and analytics and security providers) to help us operate and provide the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf and are obligated to us not to disclose or use your information for other purposes.
With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of ActiveCampaign or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
Between and among ActiveCampaign and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may share a hashed version of your email address to facilitate customized ad campaigns on other services or platforms.
Advertising and Analytics Services Provided by Others
Please note: If you choose to opt-out of interest-based advertising, you may continue to see or receive online advertising, but such ads may not be as relevant to you.
Retaining Your Information
Transfer of Information to the U.S. or Other Countries
In order to provide you with the Services you subscribe to or that you request from us, your Personal Information will be transferred to the United States as that is where ActiveCampaign is based. In some cases, your Personal Information may be transferred to or accessed from other countries outside the United States, including when you consent and allow us to do so, where it is required in order for us to provide Services to you and when we need to do so to provide functions like product support, troubleshooting and gaining insights into the usage patterns of our Services. When your Personal Information is transferred to the United States and other countries, you may not have the same rights and protections as you do under local law. Any international transfers of your Personal Information will be done in accordance with applicable law.
EU-US Privacy Shield
In connection with ActiveCampaign’s processing of personal data it receives from the EU, we comply with the EU-U.S. Privacy Shield Framework (“Privacy Shield”) with respect to personal data we process from the EU and transfer to the United States. For more information about the Privacy Shield, and to view our certification, please visit the Privacy Shield website. We remain responsible and liable under the Privacy Shield for any personal data that we share with third parties for external processing on our behalf, as described in the “Sharing of Information” section above, unless we prove we are not responsible for the event giving rise to the damage. If you have an inquiry regarding our adherence to the Privacy Shield, we encourage you to contact us at firstname.lastname@example.org. We are subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. You may also refer your complaint free-of-charge to JAMS using this link: https://www.jamsadr.com/eu-us-privacy-shield, our designated Privacy Shield dispute resolution provider. In certain circumstances, the Privacy Shield provides the right to invoke binding arbitration to resolve complaints (see Annex I to the Privacy Shield Principles for more details).
Residents of the European Economic Area
If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your Personal Information.
Lawful Basis for Processing
If you are a resident of the EEA we primarily rely on three bases to process your Personal Information lawfully.
First, it is necessary for us to process your Personal Information in certain ways in order to provide the Services to you, in accordance with a contract between you and us, namely, our Terms of Service.
Second, where you have given us valid consent to use your Personal Information in certain ways, we will rely on your consent. This includes situations where we will obtain your consent prior to sending you information about our products and Services.
Third, in certain cases we may process your Personal Information where necessary to further ActiveCampaign’s legitimate interests, where those legitimate interests are not overridden by your rights or interests. This includes usage statistics, analytics and internal analysis we run to better understand how to use our platform so that we can improve our Services and also provide you with better recommendations on how to get the most out of our platform and to accomplish your goals.
Data Subject Rights Requests
If you are a resident of the EEA, you have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing activities.
If you submitted Personal Information directly to us or in accordance with the provision of our Services and you would like to view, change, limit or delete your Personal Information, you can do so via your account settings or by contacting us. Upon request, we will notify you about whether we hold any of your Personal Information. By visiting your account settings, you can access, correct, change and delete certain of your Personal Information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your Personal Information. In certain circumstances, you also have the right to object to the processing of your Personal Information, to request the deletion of your Personal Information and to obtain a copy of your Personal Information in machine-readable format.
If you need assistance accessing or modifying your Personal Information or wish to delete your Personal Information, please email us at email@example.com.
You have the right to withdraw your consent to our processing of your Personal Information and your use of the Services. You can do this at any time by cancelling your account through your account settings and then emailing firstname.lastname@example.org to request that your Personal Information be deleted.
Questions or Complaints
If you are a resident of the EEA and have a concern about our processing of your Personal Information that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
You may update, correct or delete information about you at any time by logging into your online account or emailing us at email@example.com. If you wish to cancel or temporarily pause your account, please email us at firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
You may opt out of receiving promotional emails from ActiveCampaign by following the instructions in those emails or by clicking the “unsubscribe” link at the bottom of any of our emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Effective: April 25th, 2018
What are Cookies?
Cookies are small data files stored on your browser or device. They may be served by the entity that operates the website you are visiting (“first-party cookies”) or by other companies (“third-party cookies”). For example, we partner with third-party analytics providers, like Google, which set cookies when you visit our websites. This helps us understand how you are using our Services so that we can improve them.
Pixels are small images on a web page or in an email. Pixels collect information about your browser or device and can set cookies.
Local storage allows data to be stored locally on your browser or device and includes HTML5 local storage and browser cache.
SDKs are blocks of code provided by our partners that may be installed in our mobile applications. SDKs help us understand how you interact with our mobile applications and collect certain information about the device and network you use to access the application.
Category of Cookies
Why we use these cookies
These cookies are essential for our services to function properly. Like the other cookies we use, technical cookies may be either first-party cookies or third-party cookies.
We use these cookies to remember your settings and preferences.
For example, we may use these cookies to remember your language preferences.
We use these cookies to help identify and prevent security risks.
We use these cookies to collect information about how you interact with our services and to help us improve them.
For example, we may use these cookies to determine if you have interacted with a certain page.
We use these cookies to help us understand and improve our services.
For example, we can use these cookies to learn more about which features are the most popular with our users and where we may need to make improvements.
We and our advertising partners use these cookies to deliver advertisements, to make them more relevant and meaningful to visitors to our website, and to track the efficiency of our advertising campaigns, both on our services and on other websites.
Please visit our cookies page for a full list of the cookies we deploy on our website and the categories they fall into.
Device ID’s. If you access our website using a mobile device, the device ID may be recorded and used for purposes similar to those of cookies. We do not identify or record a device location without your specific permission.
Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our services may not function properly.
To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.
For information on how our advertising partners allow you to opt out of receiving ads based on your web browsing history, please visit http://optout.aboutads.info/. European users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance.
To opt out of ads on Facebook, Pinterest, or Google that are targeted to your interests, use your Facebook, Pinterest, or Google Ads settings.
Check your mobile device for settings that control ads based on your interactions with the applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking” setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.
1 North Dearborn Street, Suite 500
Chicago, IL 60602
TERMS OF SERVICE
This website is operated by ManyChat, INC. Throughout the site, the terms “we”, “us” and “our” refer to ManyChat, INC. ManyChat, INC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our product for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Products or services are available exclusively online through the website. These products or services may have limited quantities and are subject to refunds only according to our Refund Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - PAYMENT
Our charges for monthly plans are posted on our website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level
As long as you have signed up into ManyChat PRO subscription, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
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.
ManyChat also includes certain features which enable you to sell goods, content, media and services through in-bot payments.
You are solely responsible for your User Products and payments related activities, and any promotions and related Content contained or referred to in your bot, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online payment activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through third party payment service, in accordance with such Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with payment Service Providers, or for the actions of any of these payment Service Providers.
By using any of our Payments features, you acknowledge, warrant and agree that:
You shall be solely and fully responsible for all Taxes and fees of any nature associated with your payments activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your bot for any questions, complaints or claims; and
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; Since you operate on Facebook Messenger and Stripe, your products must also comply with Facebook (https://www.facebook.com/policies/commerce) and Stripe (https://stripe.com/us/prohibited-businesses) regulations.
We may, at any time and at its sole discretion, suspend, disable access to or remove your bot and/or any User Products (if any suspicious activity, content or products will be detected or reported)- whether or not incorporated, published with or made a part of your bot at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
You are solely responsible for verifying the identity of users and of the eligibility of a presented payment card used to purchase your products and services, and ManyChat does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. ManyChat may add or remove one or more types of cards as a supported payment card any time without prior notice to you.
You and you solely, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the processing of customers' cards through the Service.
You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (defined as "Data") on your website.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, services and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses; (l) in any way which violates the Facebook platform policies found here.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (1) access, tamper with, or use non-public areas of the Service or ManyChat’s computer systems; (2) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (3) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ManyChat and third-party integrations authorized by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ManyChat (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file and is limited to publicly-accessible parts of the Service only, however, scraping the Services without the prior consent of ManyChat is expressly prohibited); (4) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (5) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ManyChat, INC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ManyChat, INC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California, in the United States. ManyChat’s mailing address is 220 Golden Oak Dr, Portola Valley, CA, 94028, United States.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@ManyChat.com.
Danielle Klemm of Danielle Klemm.com 8549 Waterwell Way, Tracy, CA 95304
Owner contact email: email@example.com