Last modified: 5th September 2023

By using the reachoutlabs.ch or reachoutapp.io website and making use of a ReachOut account (the “Account”) and all its related services, including ReachOut Analytics, reachout marketing automation platform and the ReachOut Marketing implementation service (the “Services”), you agree to be bound by the following Terms and Conditions (the “Terms”). These Terms cover all present and future features provided by your Account. The Services are operated by Reach Out Labs Sagl (“We”, the “Company”), a Swiss company located at Via Quadrella 27, 6927 Collina D’Oro, Switzerland. Use of your Account or the Services includes registering an Account, keeping an Account open (not deleted by you or not deleted or deactivated by Reach Out Labs), or accessing our website or mobile/desktop applications, or making use of our services. Please read these Terms carefully before you use your Account or the Services. You may not use your Account or the Services if you do not agree to these Terms. These Terms apply every time you use your Account or the Services.

If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your Account to these Terms. In the absence of such an authority, you are not authorized to use the Services.

1. Users of the Services

The Services are provided exclusively to individuals who are at least 13 years of age, and even then, only to minors who have obtained parental or legal guardian consent to open and maintain an Account. The Services are provided exclusively to persons or legal entities. Accounts registered by “bots” or automated methods are not authorized and will be terminated. Each user is solely responsible for all actions performed through the Services.

2. Authorized use of the Services

You agree not to use your Account or the Services for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:

• Disrupting the Company's networks and Servers in your use of the Services;
• Accessing/sharing/downloading/uploading illegal content, including but not limited to Child Sexual Abuse Material (CSAM) or content related to CSAM;
• Infringing upon or violating the intellectual property rights of the Company or a third party;
• Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating against someone based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
• Trading, selling or otherwise transferring the ownership of an Account to a third party (with the exception of Lifetime Accounts, which can be sold or traded exclusively through the Company);
• Promoting illegal activities or providing instructional information to other parties to commit illegal activities;
• Having multiple free Accounts (e.g. creating bulk signups, creating and/or operating a large number of free Accounts for a single organization or individual);
• Paying for your subscription with fraudulent payment means, such as a stolen credit card;
• Engaging in spam activities, which are defined as the practice of sending irrelevant or unsolicited messages or content over the internet, typically to a large number of recipients, notably for the purposes of advertising, phishing, or spreading malware or viruses;
• Sending junk mail, bulk emails, or mailing list emails that contain persons that have not specifically agreed to be included on that list. You agree not to use the Services to store or share content that violates the law or the rights of a third party;
• Abusive registrations of email aliases for third-party services;
• Attempting to access, probe, or connect to computing devices without proper authorization (i.e. any form of unauthorized "hacking");
• Referring yourself or another one of your accounts to unduly benefit from our referral program's advantages.

The Company will terminate Accounts which are being used for illegal activities even if they are not listed above, particularly in response to orders from the competent authorities informing of such illegal activity.

The Company reserves the right to suspend or delete free Accounts that have been inactive for a consecutive period of twelve months.If you would like to contest the suspension of your account, please contact us via email [email protected].

3. Limited warranties and liability

The Company does not make any warranty about the reliability of the Services or the security of user data, despite best efforts. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may arise from course of dealing or course of performance or usage of trade.

The Company has no obligation to store or forward the contents of terminated Accounts. We also have no obligation to store messages or contents for accounts that exceed their storage quotas.

To the extent not prohibited by law, you acknowledge and agree that in no event will the Company be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these Terms or otherwise, arising in any way in connection with your Account, the Services, or these Terms, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to your use or inability to use your Account or the Services.

Without limitation of the foregoing, and to the extent not prohibited by law, the total liability of the Company’s parties for any reason whatsoever arising out of or related to the use of, or inability to use, your Account or the Services, or these Terms, shall not exceed $100, or the amount you paid us, if any, for use of your Account or the Services, whichever amount is greater. This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

4. Privacy

Our Privacy Policy explains the way we handle and protect your personal data and privacy in relation to your Account, your use of the Services, and your browsing of the reachoutlabs.ch or reachoutapp.io website. By agreeing to the present Terms and to be able to use the Services, you also agree to our Privacy Policy and its sub-policies.

If, in the provision of the Services, the Company processes, on the user’s behalf (where the user acts as a Data Controller), any personal data that is subject to the EU General Data Protection Regulation (GDPR) and the revised Federal Data Protection Act (revFADP), the company’s data processing agreement shall apply.

5. Payments for subscriptions and volume

5.1 Payments

Subscriptions and volume usage for the Services are charged on a monthly billing cycle. After the initial term, subscriptions are renewed automatically for the same selected duration unless canceled or modified by you. Credit balances are automatically deducted accordingly. You are responsible for keeping payment information in relation to your Account up to date.

The Services provided by the Company are generally non-refundable and any refund or credit given will be at the sole discretion of the Company. Paid Accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.

If the Company chooses to issue a refund for any reason, the Company will only refund in the original currency of payment. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.

If you fail to fulfill your obligation of payment as a user of a paid Account, we may suspend your Account or delete it after an extended period of default.

If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above-mentioned refund from the Company and consent to rely upon the dispute resolution procedure of the third-party payment processor. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for additional costs (e.g. dispute fee), you authorize the Company to charge that amount on your account.

5.2 Volume costs regarding the Reachout Marketing Automation Platform

While you have an account to use our Reachout Marketing Automation Platform, we will charge your payment method at the end of the billing period (the 20th day of each month) for the number of emails sent, web pages viewed and other billable usage. Purchasing pre-paid credits packages for emails, web pages and other billable services offer a considerable discount over the post-paid fees. Credits never expire and can be purchased every month automatically to save even more.

6. Modification of plan

6.1 Modification of plan

If you select a new paid plan for our Services, your subscription will be immediately updated, and you will receive a prorated credit for the unused portion of your previous plan that will be automatically applied to your account.

6.2 Cancellation of plan

If you do not want your plan to renew, you need to downgrade your plan before the end of your subscription period.

The cancellation is applied at the end of the current cycle.

If you have an Implementation service subscription, you can terminate your subscription by sending a termination notice through our customer support anytime before the renewal of your subscription. When you do so, the cancellation is applied at the end of the current cycle. For all other services, we do not automatically remove paid features on your behalf and we’ll never delete your data or make them inaccessible for you, even if you go above the plan limits. We’ll get in touch with you to offer the best options for your increased requirements.

7. Modification to the terms of service

Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using your Account or the Services, you are responsible for regularly reviewing these Terms. Continued use of your Account or the Services, including non-deletion of your Account after such changes are performed shall constitute your consent to them. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated.

8. Applicable law

This section defines rules for the Reach Out users that we consider being customers that use Reach Out Services for business purposes only (business user). Being a business user (anywhere in the world), you agree that these Terms shall be governed in all respects by the substantive laws of Switzerland, to the maximum extent permitted by law. Any disputes, actions, claims, or other controversies arising out of or relating in any way to these Terms, your Account, the Services, your use of (or lack of use of) or access to (or lack of access to) your Account or the Services, or any advertising, promotion, or other communications between you and the Company, whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be subject to the jurisdiction of the competent courts of the Canton Ticino By using your Account or the Services, you irrevocably agree that the courts of the Canton Ticino shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or relating in any way to these Terms or its subject matter or formation to the extent permitted by law.

9. Miscellaneous

Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. We may assign these Terms in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms. These Terms represent the entire agreement between you and us in connection with your use of your Account or the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to your Account or the Services. In case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.