Terms of Service & Privacy Policy

Introduction

Effective as of: May 25, 2018

Thank you for choosing to use Cliently! These terms of service (the “Terms”) govern your access to and use of Cliently (“we” or “our”) websites and services (the “Services”). Please read them carefully before using the Services.

By using the Services you are agreeing to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in accordance with these Terms. You may use the Services only if you have the legal power and capacity to form a contract with Cliently. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion.

What does GDPR mean for Cliently?

Along with all other companies impacted by this regulation, Cliently will be GDPR compliant by May 25th. This means our B2B contact database will satisfy personal data privacy requirements put in place by GDPR. Similarly, Cliently recommends that customers and partners who use, control, or process the personal data of persons within the EU and other European countries prepare for the GDPR.

To make it easier for our customers and partners to comply with the GDPR, Cliently’s B2B contact database has been updated to exclude the contact information for individuals identified as EU residents. This forces Cliently users to remain compliant when accepting leads from our database. We cannot control and will not be liable for leads imported by users. If you import EU customer leads on your own, you are responsible for making sure that you are acting in compliance with GDPR as a data controller.

Your data

In order to use our Services you must link a 3rd party email account to your Cliently account. With your permission (which you are expressly granting by using the Service), we will create and update versions of your contacts and emails for you to access in Cliently. You will also have the option to import and update your contacts and associated information, and you can later choose to upload files to or provide comments through Cliently (together, “Your Data”). You retain full ownership to your Data. We do not claim any ownership to any of it.

You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others.

You acknowledge that Cliently has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.

Sharing your Data and your Privacy

Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, all of Your Data remains visible only to you and specific Cliently employees to provide support and troubleshooting assistance. However, the Services do allow you to share Your Data with others. If you choose to share Your Data, we cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.

If You or Your Authorized Users choose to share Your Data through a Third Party Product or integration You are solely responsible for what that third party may do with Your Data. Likewise, You are solely responsible for any of the effects a Third Party Product may have on Your Data, including deleting or corrupting Your Data. You acknowledge that Cliently is not responsible for the disclosure of Your Data by You or Your agents (including Your Authorized Users) to any third parties or the effects of any Third Party Product on Your Data.

Your Responsibilities

By accessing the website at https://www.cliently.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Information and content accessible through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not Cliently, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service, or use the Service to spam others.

You, and not Cliently, are responsible for maintaining and protecting all of Your Data. Cliently will not be liable for any loss or corruption of Your Data, or for any costs or expenses associated with backing up or restoring any of Your Data.

If any information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.

The Cliently Software and Services are subject to the trade laws and regulations of the United States and other countries, including the Export Administration Regulations (EAR, 15 CFR Part 730 et seq.) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC, 31 CFR Part 500).

You will not import, export, re-export, transfer or otherwise use the Software or Service in violation of these laws and regulations, including by engaging in any unauthorized dealing involving (i) a U.S. embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria), (ii) a party included on any restricted person list, such as the OFAC Specially Designated Nationals List, or the Commerce Department’s Denied Persons List or Entity List, or (iii) the design, development, manufacture, or production of nuclear, missile, or chemical or biological weapons. By using the Software and Services, you represent and warrant that you are not located in any such country or on any such list.

You will not engage in activity that would cause Cliently to be violation of these laws and regulations, and will indemnify Cliently for any fines, penalties or other liabilities incurred by Cliently for your failure to comply with this provision.

If Your Subscription for the Cliently Service allows You to use Cliently Calls™ or You otherwise utilize Cliently Calls in any capacity, You understand and agree that (a) neither Cliently Calls nor any Service is intended to support or carry emergency calls to any emergency services such as public safety answering points; (b) We will not be held liable for any claim, damages or loss (and You hereby waive any and all such claims or causes of action), arising from or relating to Your (or Agents or End-Users) inability to use Cliently Calls or any Service to make such emergency calls. Cliently may disable the phone numbers provided to You if unused or substantially underused for sixty (60) days, or if Your subscription to the Service, Account or rights to access and/or use the Service is otherwise suspended, terminated, or cancelled. Use of Cliently Calls is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Site applicable to the Cliently Service.

We will comply with all U.S. state and federal laws in our provision of the Cliently Calls service and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. However, You are solely responsible for Your operation of Cliently Calls service in compliance with all applicable laws, including but not limited to telephone recording and wiretapping laws, which generally require an announcement that a recording is being made, at the beginning of the recording, and the opportunity for the other party to consent or to end the conversation. You must ensure that proper consent to record is obtained prior to making any such recording. We recommend that You always secure consent before recording.

You expressly warrant and represent to Cliently that you will comply with the aforementioned laws, regulations and rules at all times when using Cliently Calls or any other Cliently Service.

You agree to indemnify, defend and hold harmless Cliently and its officers, directors, owners, employees, agents, consultants and vendors from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) that may be incurred by Cliently arising out of or related to your acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory, including but not limited to your failure to comply with telephone recording and wiretapping laws.

While Cliently Calls provides features to help you comply with call recording laws, regulations and rules, We make no representations or warranties with respect to call recording.

Account security

By accessing the website at You are responsible for keeping the password that you use to access the Services secure and you agree not to provide your password to any third party. You are responsible for all activity using your account, whether or not authorized by you. Accordingly, you should notify Cliently immediately of any unauthorized use of your account. You acknowledge that if you wish to protect Your Data when you are transmitting it to Cliently, it is your responsibility to use a secure encrypted connection to do so.

Software and updates

Some parts of our Service require you to download a client software package (“Software”). Subject to these Terms, Cliently hereby grants you a limited, nonexclusive, nontransferable, non sub-licensable, revocable license to use the Software, solely to access the Services. This license will be automatically revoked if you violate these Terms. We reserve all rights not explicitly granted in these Terms. You must not attempt to reverse engineer the Software or encourage or assist anyone else to do so; however, this restriction will not prohibit reverse engineering for interoperability in the European Union to the extent European Union law forbids such a restriction. The Services may automatically update the Software on your device when a new version becomes available.

Feedback

While we appreciate it when users send us feedback, please be aware that we (or others we authorize) may use in any manner any feedback, comments, or suggestions you post in our forums or otherwise provide without any obligation to you.

Acceptable use policy

You will not, and will not attempt to, use the Services to violate any laws or any rights of Cliently or any other person or otherwise misuse or inappropriately use the Services, and will use the Services only in a manner consistent with the Cliently Acceptable Use Policy, as it may change from time to time in our discretion.

Pixel and cookie policy

When you use the Service, we may employ pixels (also known as web beacons) which are used to track the online usage patterns. In addition, we may also use pixels in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make (Cliently) better for our users.

A cookie is a small text file that is placed on the browser of the hard drive of your computer (or similar device) by websites that you visit. Most websites use cookies. Cookies are typically used in order to make websites function, or function more efficiently, as well as to provide information to the owners of the particular website. Cookies make your use of the Sites and Services more enjoyable and improve the functionality of the services we provide to you. We also use cookies to tailor content and information that we may send or display to you and otherwise personalize your experience while interacting with our Services.

Copyright policy

Cliently respects intellectual property rights of others and asks that you do as well. We will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. Without limiting any other rights we may have, we may delete or disable access to content that is alleged to be infringing and terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Cliently Inc.,
ATTN: Copyright Team
10409 N Kings Hwy, Floor 2
Myrtle Beach, SC 29572
(843) 491-4833

Other content

The Services may contain links to websites or resources of others. We do not endorse and are not responsible or liable for their accuracy, availability, content, products, services or anything else. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that conflict with these Terms, in which case the open source provisions will apply with respect to the code to which those provisions apply.

Termination

You can stop using our Services any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate immediately. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to Your Data that is stored with the Service.

Cliently is Available “as-is” though we want to provide a great service, there are certain legal commitments we can’t make. for example, the services and software are provided “as is”, at your own risk, without express or implied warranty of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. Cliently will not be responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the services or software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of liability

To the fullest extent permitted by law, in no event will Cliently, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Cliently has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the services more than the greater of $20 or the amounts paid by you to Cliently for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

In addition, Cliently or any of its employees will be liable in the case we were to assist you with any step of your account setup or any other troubleshooting, including attaining email connectivity, that exposes us to your private data, including prospect info and email metadata and content. By using Cliently, you agree to permit Cliently representatives these permissions when circumstances necessitate it. We reserve the right, at our own discretion, to assist in these ways when needed and will keep information confidential as per our privacy policy.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify you of any change (for example via email to the email address associated with your account or by a notification when you sign in or by some other method). By continuing to access or use the Services after revisions become effective, you are agreeing to be bound by the revised Terms. If you do not agree to the new terms, simply don’t use the Service after the change is effective, in which case the change will not apply to you.

Payment Policy

Cliently is a subscription-based cloud application and we offer a 14-day free trial so that you can assess the suitability of the application for your needs. This trial can be extended upon request if you need more time to assess the software. For upgraded access, you can purchase a monthly or annual plan and the credit card on file will be charged on a recurring basis. We have four paid plans available (Professional, Business, Enterprise, and Cliently Calls). When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan and the following policies.

Cancellation policy: Once a user submits a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation. In the interest of fairness to all of our clients, no exceptions will be made.

Annual plan billing: Cliently’s annual plans provide year-to-year access and substantial savings over the monthly plans. Annual plans are paid upfront and will be made each renewal day (the same day of the year that you originally signed up for the plan). Annual plans automatically renew every year. If you cancel before the upcoming renewal date, you will not receive a refund, and will not be charged on the following renewal date and henceforth. If you downgrade to a monthly plan before your renewal date, the remaining balance will appear as a credit on your account which will be applied towards your monthly subscription. The remaining credit is non-refundable.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION TERM UNLESS YOU CANCEL IT AS PROVIDED IN THE POLICY.

Failed charges: If Cliently is unable to bill your credit card, your account will enter the dunning process and you will then have 10 days from the failed charge date to update your card information before we limit your access to your account. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the account since the failed credit card charge. All unpaid accounts will be deleted after 180 days.

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