These Personadeck Terms of Use (“Terms”) are entered into by and between the Personadeck entity set forth below ("Personadeck") and the entity or person accessing any Services ("Customer" or "you").

 

The purpose of these Terms is to introduce the basic terms and conditions of our services offered through our website and mobile application. Personadeck is a service that provides clients with a means to collect email addresses and to create, send and track email promotions (“Service”) and other services pursuant to any order confirmations, ordering documents or online registration ("Order Form").

 

As used in these Terms, "Personadeck" means:

Personadeck OÜ, an Estonian registered company at Ahtri 12, 10151 Tallinn, Estonia

 

BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR ACCESSING OR USING ANY PERSONADECK SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED OR REFERENCED TO IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.

 

1. Acceptance of Terms

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1.1. To use our Service you must:

 

be at least sixteen years old,

provide accurate contact and billing information,

agree with these Terms, Anti-Spam Policy and DPA, which form part of these Terms.

1.2. By signing up, using the site or mobile app, you accept these terms and conditions and warrant that you meet all the requirements listed in this document, and that you won’t use the Service in a way that violates any laws or regulations.

 

2. General rules

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2.1. You must follow these rules:

 

You are not allowed to send unsolicited email "spam". Please read our Anti-Spam Policy for more information;

Your email lists must be permission-based subscriptions;

Your use of our Service have to comply with all applicable laws and regulations;

You are not allowed to use our tracking/campaign preview links when sending emails with other services than ours;

If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to "you" or "Customer" reference your company;

You are not allowed to use offensive and abusive communication.

2.2. If you violate any of these rules, we may suspend or terminate your account.

 

3. Payment terms

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3.1. Payment is not made until provision of Service. The payment period is one month when you order a monthly plan or one year when the annual plan is ordered. Payment methods are as follows:

 

Payment for the monthly and annual plan can be settled by credit card. We do not accept American Express cards, cash, payment checks or any other payment methods.

 

3.3. There is an option to switch between monthly and annual plans. If you have a monthly plan, you can switch to an annual plan at any time. If you want to switch from an annual plan to a monthly plan, you can only switch to the same or a higher monthly plan. You cannot switch plans if your current plan is expired, or if it expires in less than 2 days. You also cannot switch plans if you have already done so within the last 2 days.

 

3.4. Paid clients have the opportunity to lock-in existing pricing by signing up for an annual plan. This option is exclusively available for Personadeck paid plans and does not extend to the free plan.

 

3.5. The rates for Service and additional services provided by us are listed at https://app.personadeck.io/pricing. Prices do not include VAT or other taxes of any kind. We may modify or change our fees and pricing at any time.

 

4. Communications

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4.1. You acknowledge and agree that Personadeck may occasionally send you communications regarding your account or the Service via email.

 

4.2. Communication with Personadeck must be conducted in the English language only. If you provide official letters or documents to Personadeck, Personadeck reserves the right to request that you translate them to the English language.

 

4.3. Communication between Personadeck and the Customer shall be mutual, appropriate and respectful.

 

4.4. Personadeck provides customer support via email and the Customer Self-Service Center for support. https://personadeck.freshdesk.com/

 

5. Accounts, passwords and security

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5.1. You must be a registered user to access the Service. After creating a Personadeck account, you’ll need to complete two steps to validate your account: (i) Complete your profile; (ii) Request approval.

 

5.2. If you comply with our rules then we will approve your account and you’ll receive an email notification. If something looks suspicious then you might receive a disapproval email.

 

5.3. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.

 

5.4. Personadeck reserves the right, at its sole discretion, to delete your disapproved account without notifying you.

 

5.5. Personadeck reserves the right to access your account to provide support, manage settings, or test it to ensure the functionality and features of Personadeck Services.

 

5.6. If your account is inactive for 2 years or more, Personadeck reserves the right to permanently delete your account with all its data, including your list of subscribers and your content. In case Personadeck decides to delete your account, you will be informed via email. You will then be given 30 days to export the data or reactivate your account before the account is permanently deleted. 

 

6. Limitation of Liability

 

6.1. In no event shall Personadeck be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website or mobile app, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or mobile app or the materials therein or resulting from unauthorized access to or alteration of data. We won’t be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.

 

7. Termination of Service

 

7.1. The term of Service will continue for as long as you have a Personadeck account or until you or we terminate it.

 

7.2. We reserve the right to terminate your account or limit your use of the Services at any time with or without cause. If we decide to terminate your account you will receive termination notice with further instructions.

 

7.3. You also have the option of cancelling your account at any time without penalty. In the event of account cancellation you will lose all data related to your account.

 

7.4. We reserve the right to terminate our Services if your account is inactive for 2 years or more as per section 5.7. of these Terms.

 

8. Refunds

 

8.1. We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us, including:

 

We do not refund any unused or partially used plans (monthly or yearly) when you did not use or partially used the Services, and/or forgot to cancel your plan, and/or if you cancelled immediately after your credit card was charged for the new billing period. A refund will not be applied if you purchased a wrong monthly/yearly plan (even by mistake), and/or decided to cancel your subscription after the purchase because of functionality.

We treat all customers equally, so we don’t make exceptions to this policy.

 

8.2. We may, at our sole discretion, offer refunds in other situations in accordance with the requirements we post on the website or in the mobile app, which may be changed from time to time. In any case, the refund can only be made within 30 days from the last transaction date. 

 

8.3. If you are an individual and you use Personadeck services not for your trade, business, craft or profession purposes, you have a right to request a refund within 14 calendar days from the day of agreeing with Personadeck’s terms. If you breach Personadeck’s terms and your account is suspended or terminated, the refund option is not applicable.

 

9. Account Disputes

 

9.1. In the event of internal disputes involving Personadeck accounts, you shall resolve the matter directly with the other party. You shall not request access to or information about an account that you do not have access to.

 

9.2. Personadeck reserves the right to suspend any account associated with the dispute to protect the security and privacy of the data held within the account until the dispute is properly resolved. Please note that we will request a copy of the court decision or other legitimate document in order to suspend the account.

 

9.3. Personadeck shall not investigate repetitive requests related to the account dispute unless a new significant basis is provided and/or there are convincing arguments that Personadeck’s previous actions were incorrect.

 

10. Conditions

 

10.1. We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Use.

 

10.2. Personadeck reserves the right to introduce new versions of the Personadeck platform and, accordingly, may restrict access to older versions or reduce the number of available plans. In the event of such modifications, you will be informed in advance via email and may be required to migrate to the new version. Accounts that are not migrated to the new version by the set deadline may be deactivated. It is your responsibility to stay informed about new versions and associated changes to ensure uninterrupted access to our Services.

 

11. Intellectual property

 

11.1. Personadeck claims no intellectual property rights over the material you provide to the Service. You acknowledge that Personadeck owns all rights, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

 

12. Privacy

 

12.1. At Personadeck, protecting your privacy and the privacy of anyone receiving your email is very important. Please read our Privacy Policy, Security Statement and Cookie Policy to know more about how we process and protect personal data in accordance with good industry practice.

 

13. Data Processing Addendum

 

13.1. If you share with us personal data of your clients, Data Processing Addendum is applied to you.

 

13.2. Data Processing Addendum is an integral part of Terms of Use and can be found here.

 

14. Changes

 

14.1. Personadeck reserves the right to change these Terms of Use at any time. If we decide to change this document, we will post changes on this page. All changes are effective immediately upon posting and we suggest that you check these Terms of Use periodically.

 

15. Miscellaneous provision

 

15.1. These Terms of Use shall be governed and construed in accordance with governing law and jurisdiction of the place of the Personadeck entity applicable to the country of the Customer's billing address.

 

15.2. These Terms of Use will begin upon when you become our client and will continue unless terminated hereunder.

 

Last updated on September 5, 2023